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Staff Report
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Report To: General Government Committee
Date of Meeting: April 17, 2023 Report Number: LGS-014-23
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary -Anne Dempster, CAO Resolution#: GG-086-23
File Number:
By-law Number:
Report Subject: Terms of Reference — Bowmanville Santa Claus Parade Committee
Recommendations:
1. That Report LGS-014-23 and any related delegations or communication items, be
received;
2. That the resignations of Brenda Rafter, Katherine Johnson and Carolyn Lunan be
received;
3. That the Terms of Reference for the Bowmanville Santa Claus Parade Committee,
attached to Report LGS-014-23, as Attachment 1, be approved;
4. That Staff be authorized to advertise for the vacancies on the Bowmanville Santa
Claus Parade Committee; and
5. That all interested parties listed in Report LGS-014-23 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report LGS-014-23
Report Overview
Page 2
The Bowmanville Santa Claus Parade has been operating without a Terms of Reference
since it was established. Staff are proposing that Council approve the attached draft Terms
of Reference.
1. Background
Establishment of the Committee
1.1 The Bowmanville Santa Claus Parade approached Council in 2004 looking to become a
recognized Committee of Council to be covered by municipal insurance, as a result of
rising insurance costs.
1.2 Arising out of Report CLD-21-04, Council passed the following Resolution
#GPA-327-04:
THAT Report CLD-21-04 be received;
THAT the Santa Claus Parade Committee be accepted as a Committee of
Council;
THAT Councillor Trim be appointed as Council's liaison to the Santa Claus
Committee; and
THAT the Santa Claus Parade Committee and the municipality's insurers be
advised of Council's decision.
1.3 The report outlined the following requirements, from the insurance carrier:
a) Council passes a resolution accepting the Committee as a Committee of
Council
b) A member of Council sits on the Committee
c) Committee minutes are forwarded to Council for information
d) An annual budget is prepared by the Committee and submitted to Council
e) Financial statements are submitted to Council
f) The Committee is aware that they cannot incur debt
Municipality of Clarington Page 3
Report LGS-014-23
g) All assets of the Committee become municipal assets.
1.4 The Committee became a Committee of Council, with a Council representative; minutes
are forwarded and financial statements are provided. However, the Committee has
never had a terms of reference.
Resignations
1.5 Staff received the resignation of Brenda Rafter, Vice -Chair, on March 22, 2023.
1.6 Staff received the resignation of Katherine Johnson, Chair, on April 5, 2023.
1.7 Staff received the resignation of Carolyn Lunan on April 5, 2023.
2. Difficulties of not having a Terms of Reference
2.1 Without a terms of reference (TOR), the Committee operates with an unknown number
of members (and eligibility requirements) and members' names are submitted to Council
for approval (rather than following the Appointment to Boards/Committees Policy of
advertising and applications).
2.2 The absence of a TOR also results in a lack of guidance to members of the Committee,
including Committee scope, election process, purchasing guidelines, and governance
guidelines.
3. Highlights of the Terms of Reference
3.1 In order to avoid governance problems, and as part of the Clerk's Division's ongoing
review of the terms of references, Staff are recommending the attached TOR, which
includes:
• A scope of activities.
• Committee composition details including qualifications.
• Details on election of members.
• Responsibility and conduct of members.
• Meeting frequency, quorum, and procedures.
• Reporting and work plan requirements.
Municipality of Clarington
Report LGS-014-23
Page 4
3.2 The Bowmanville Santa Claus Parade Committee is unique among Clarington's
Advisory Committees in that it handles money and works toward a singular annual
event. In recognition of this, the proposed TOR includes information about an annual
budget and references Clarington's procurement policy.
3.3 The current Committee has had delays in meeting and has had several recent
resignations and therefore has not reviewed the attached. Staff would recommend that
the vacancies be filled through the standard appointment process but are unable to
determine how many to appoint with a TOR indicating the number of members.
3.4 Staff propose that these TOR be approved; new members appointed; and the
subsequent members/Committee can review the TOR and make recommendations for
slight changes, as required, in the future.
4. Financial Considerations
Not Applicable.
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that Council approve the Bowmanville Santa Claus
Parade Terms of Reference and authorize Staff to advertise for the vacancies.
Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 or
jgallagher@clarington.net.
Attachments:
Attachment 1 — Proposed Terms of Reference for Bowmanville Santa Claus Parade
Interested Parties:
The following interested parties will be notified of Council's decision:
Bowmanville Santa Claus Parade Committee
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Bowmanville Santa Claus Parade
Committee
Terms of Reference
1. Purpose and Mandate
The Bowmanville Santa Claus Parade is a Committee of Council and is
responsible for organizing and conducting the Annual Bowmanville Santa Claus
Parade and ensuring that an inclusive and safe parade event is planned and
presented for the community. The mission of the Committee shall be
accomplished through the provision of advice and recommendations on
Christmas parade matters, as well as hands-on work.
2. Scope of Activities
The Committee is responsible for organizing, coordinating, supporting, and
supervising the annual Santa Claus Parade which includes, but is not limited to,
the following activities:
• Establish the date, route, and theme;
• Registration of Floats and Walkers;
• Marshalling and recruiting volunteers;
• Partnering with local businesses;
• Judging, advertising, and trophies; and
• Working with Durham Regional Police, Municipal Law Enforcement, and
any other authorities required to obtain the appropriate permissions.
Further that the Committee shall make all participants aware of the
applicable licences/permissions.
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3. Committee Members
3.1. Composition
3.1.1. The Committee shall be comprised of the following voting members, appointed
by Council in accordance with Clarington's "Appointment to Boards and
Committees Policy":
• Ten citizen members; and
• One Member of Council.
3.1.2. An unlimited number of non -voting volunteers may also be involved in parade
activities.
3.2. Qualifications
• Members shall demonstrate commitment to, and interest in, the Clarington
community; and
• Members shall be residents of the Municipality of Clarington, work in the
Municipality of Clarington, or have a place of business in the municipality.
3.3. Length of Term
3.3.1. Membership shall run concurrent to the term of Council.
3.4. Remuneration
3.4.1. Members serve on a voluntary basis and do not receive any form of
remuneration.
3.5. Election of Members
3.5.1. At the first meeting of each year, the Committee shall elect a Chair, Vice -Chair,
Secretary, and Treasurer.
3.5.2. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Secretary or former Chair shall be the Election Chair during the election of
the new Chair. Once the Chair is elected, they may take the Chair and conduct
any remaining elections. See Appendix A for Election Process.
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4. Responsibilities and Obligations of Members
4.1. General
4.1.1. Members of the Committee shall have the following duties:
• to deliberate on, and execute, the mandate of the Committee;
• to attend meetings and work activities;
• to vote when a motion is put to a vote;
• to read, understand, and respect the Rules of Procedure, including the Code
of Conduct and Purchasing By-law, and any guidelines for the Committee
members.
4.2. Conduct of Committee Members
4.2.1. All Committee members shall abide by the Terms of Reference for the
Committee as approved by Council. Any amendments to the Terms of Reference
shall be recommended by Committee resolution and forwarded to the Municipal
Clerk's office for review before Council consideration.
4.2.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
4.2.3. A Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
4.2.4. A Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Board/Committee.
4.2.5. The Chair may eject any Committee member from a meeting if, in the opinion of
the Chair, that person is being disruptive or disrespectful.
4.2.6. The Committee, by resolution, shall have the right to censure members that, in
the Committee's opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee.
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4.3. Conflict of Interest
4.3.1. A conflict of interest may arise for Committee members when their personal or
business interests conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A
Board/Committee member must disclose any potential or perceived conflict of
interest and shall remove themselves from the meeting for the duration of the
discussion and voting (if any) with respect to that matter.
4.4. Absences
4.4.1. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member's pregnancy,
the birth of the member's child or the adoption of a child by the member.
4.4.2. Members unable to attend a Committee meeting shall notify the Chair at least 24
hours in advance.
4.4.3. Members who unable to attend a meeting cannot send an alternate.
4.4.4. The Chair shall advise the Municipal Clerk, in writing, of any member who is
absent for three consecutive meetings without being authorized to do so by a
resolution of the Committee and may request the Municipal Clerk to remove the
member from the Committee.
4.5. Resignations
4.5.1. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of resignation but shall not give details of the resignation
other than timing.
4.5.2. Council shall appoint new members to a Committee to fill any vacancies as
required in accordance with Clarington's "Appointment to Boards and
Committees Policy".
4.6. Chair and Vice -Chair
4.6.1. The Committee shall select a Chair and a Vice -Chair from among its voting
membership. Members of Council sitting on the Committee are not eligible to
assume the position of Chair or Vice -Chair, except as Election Chair, as outlined
in Appendix A.
4.6.2. It shall be the duty of the Chair:
• to provide leadership to the Committee;
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• to ensure that the Committee carries out its mandate;
• to act as the primary liaison between the Committee, Clarington Staff and
Members of the Public.
• to set the meeting dates and agenda items, with input from Members.
• to provide information to Members on any matter relating to the business of
the Committee;
• to open the meeting by taking the Chair and calling the members to order;
• to announce the business before Committee and the order in which it is to be
acted upon;
• to receive and submit, in the proper manner, all motions presented by the
Members;
• to enforce the Rules of Procedure; and
• to adjourn the meeting when the business is concluded.
4.6.3. If the Chair is temporarily absent, the Vice -Chair will assume the position and
responsibilities for the Chair in the interim. If the position of Chair becomes
vacant, the Vice -Chair shall assume the responsibilities of the Chair until a new
Chair can be elected. If the Vice -Chair becomes vacant, the Chair may appoint a
member of the Committee as Interim Vice -Chair until a new Vice -Chair can be
elected. The election, when required, will be held at the next meeting of the
Committee in accordance with the process set out in Appendix A.
4.7. Committee Treasurer Responsibilities
4.7.1. In accordance with Clarington's guidelines and policies, the Treasurer is
responsible for:
• Drafting the budget for Committee consideration, and submission to
Council.
• Reimbursements for all purchases shall be provided upon receiving the
receipt.
• Accounting related tasks (i.e. banking deposits; issuing cheques).
• Reporting to the Committee at each meeting, on the financial status of the
Committee.
• Maintaining all financial documents.
• Preparing the year-end report.
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4.8. Secretary Responsibilities
4.8.1. The secretary is responsible for:
• Assist the Chair to prepare and distribute meeting agendas; and
Prepare meeting meetings for each meeting and distribute them to the
Municipal Clerk's Office, in accordance with Section 6.2.
5. Meetings
5.1. Frequency of Meetings
5.1.1. At the beginning of each year, the Committee will establish a meeting schedule
and set the time and place for meetings of not less than four meetings.
5.2. Quorum
5.2.1. Quorum shall be a simple majority of the total number of currently appointed
voting Committee members (i.e., 50% plus one). If there is no quorum after 15
minutes of the scheduled start time, the meeting shall be cancelled and/or
rescheduled.
5.3. Land Acknowledgement Statement
5.3.1. In recognition of a necessary first step towards honouring the original occupants
of a place, and as a way to recognize the traditional First Nations, Metis and / or
Inuit territories of a place, and to commemorate Indigenous peoples' principal
kinship to the land, a Land Acknowledgement Statement shall be read in
accordance with the Land Acknowledgement Guidelines.
5.4. Procedures and Rules
5.4.1. The Committee is subject to the Clarington Procedural By-law which governs the
proceedings of Council and its Committees and Boards, Council Code of
Conduct, and any other applicable policies and/or procedures.
5.5. Recommendations
5.5.1. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the committee has one
vote.
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5.5.2. Only recommendations and decisions that appear in the Minutes of the
Committee can be considered as officially representing the position of the
Committee. All recommendations and decisions of the Committee shall be
forwarded by the staff liaison to the Municipal Clerk's office, for publication. This
is done immediately after the minutes are finalized by the Chair and they do not
wait to be adopted by the Committee.
5.5.3. To approve a recommendation from a Board/Committee, a Member of Council
shall remove it from the consent agenda and put forward a motion to approve the
recommendation within the minutes of the Board/Committee.
5.5.4. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
5.5.5. See Appendix B for details on how to handle motions, amendments, etc.
5.6. Electronic Participation
5.6.1. A member of the Committee is permitted to participate electronically in a meeting
and may be counted in determining whether, or not, a quorum of members is
present at any point in time.
5.6.2. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session (i.e. the deliberations are
permitted to be conducted in closed session, moving from open session to closed
session, and then rising and reporting, and maintaining minutes of both the
closed and open portions of the meeting).
5.7. Public Participation and Delegations
5.7.1. All Committee meetings are open to the public. Members of the public are not
permitted to participate in Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair or Secretary, a minimum of five working days before the
meeting.
5.7.2. The Chair may eject any member of the public from a meeting if, in the opinion of
the Chair, that person is being disruptive or disrespectful.
5.8. Open Meetings
5.8.1. All Committee meetings must be open to the public unless discussing items
noted below. The Committee shall provide at least one week's notice (i.e., an
agenda) for a regular or special meeting or 24-hour notice for a rescheduled
meeting. Notice will be provided using as many means as possible, including the
municipality's website by forwarding to the Municipal Clerk's Office.
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5.8.2. The following are reasons for a closed meeting of an advisory board or
committee, as per Section 239 (2), Municipal Act, 2001. Only these matters can
be discussed in the closed portion of the meeting:
• Security or property
• Personal matters about an identifiable individual, including municipal and
board employees
• Proposed or pending acquisition or disposition of land by the municipality
or local board
• Labour relations or employee negotiations
• Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
• Advice that is subject to solicitor -client privilege, including communications
necessary for that purpose.
5.8.3. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting or part of a meeting that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
• The fact of the holding of the meeting; and
• The general nature of the matter to be considered at the closed meeting.
5.8.4. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
5.8.5. A meeting shall not be closed to the public during a vote except where the
meeting is a closed meeting permitted or required by statue, and where the vote
is for a procedural matter or for giving directions or instructions to employees of
the Committee or persons retained under contract with the Committee, or
officers, employees or agents of the Municipality.
6. Reporting and Communications
6.1. Agendas
6.1.1. Agendas should include:
• Date, time, location
• Members present
• Members absent
• Land Acknowledgement Statement
• Disclosure of Pecuniary Interest
• Adoption of the Minutes
• Items discussed
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• Recommendations
• Date, time, and location of next meeting
• Adjournment
6.2. Minutes
6.2.1. The Committee shall report to Council by presenting the unapproved minutes to
Council. The draft minutes of all Committee meetings shall be reviewed by the
Chair and forwarded to the Municipal Clerk's Office for inclusion on the next
Council Agenda.
7. Budget and Work Plan
7.1. The Committee shall prepare a projected budget and work plan for the upcoming
year which shall be forwarded to the Municipal Clerk's Office for inclusion on a
Council Agenda.
7.2. The Committee shall provide a year-end financial report to the Financial Services
Department, highlighting the group's successes and outlining how funds were
used.
8. Purchasing/Procurement Policy
8.1. All expenditures must relate to matters directly within the mandate of the
Committee.
8.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
8.3. All purchases shall be in accordance with the Municipality's Purchasing By-law
and within the Committee's approved budget.
8.4. All expenses that exceed the Committee's approved budget require Council
approval.
8.5. All assets are Municipality of Clarington's assets.
9. Insurance
9.1. The Committee members are covered through the Municipality of Clarington's
insurance coverage for accident and liability.
9.2. The event is covered by the Municipality of Clarington's insurance coverage.
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Appendix A
Election Process
Nominations — Accepting nominations, from the floor, for any position:
• Nominator raises their hand to indicate they are going to nominate a
member.
• Does not need a seconder.
• Nominees' names are recorded in the minutes.
• A person can nominate themselves.
• A member can be nominated for more than one position but can only hold
one position at a time.
• A member may be nominated even if they are not in attendance.
• Nominees do not have to leave the room during the vote. They can
participate in the voting.
• The Election Chair can continue presiding, even if they are one of the
nominees for the office.
• Nominations are open until the Election Chair asks for nominations and
there are no names put forth at which time the Election Chair will close
nominations.
• Nominees can remove their name at any point during the process.
Stand — As each member is nominated, the Election Chair asks the nominee if
they will have their name stand.
Voting — The Election Chair asks, "All those in favour of Bob Smith for Chair,
please raise their hands".
• If there is only one nominee, that person is appointed as the Chair.
• If there is more than one nominee — the person with the most votes is
appointed as the Chair.
• If the vote is tied, and there are more than two people nominated for the
position, then the person with the least votes is removed and another
round of voting with the remaining members is conducted. If a tie vote
remains with two people, and all voting members are present, the
selection will be made by picking a name out of a hat.
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Appendix B
Motions, Amendments, Etc.
1. Voting on motions and their amendments is done in this
order:
• On the amendment to the amendment (the second amendment)
• On the amendment
• On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Deciding Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that "the question be
reconsidered." This motion is not debatable and calls for an immediate vote.
5. Motions
The following steps are put into place to introduce, deliberate, and vote on a
motion:
• A member asks to speak and when their turn comes up, they make a
motion by saying "I move...".
• Another member seconds the motion. If there is no seconder, no
discussion or vote takes place; it is not recorded in the minutes; and the
Board/Committee moves to the next agenda item.
• The Chair should restate the motion clearly after it has been made and
seconded "It is moved and seconded that ...".
• Only one motion is addressed at a time.
• Discussion is not in order until a motion has been stated by the chair.
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• Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
• The Chair should give up the chair when they move a motion. In this case,
the Vice -Chair or any other member may act as Chair until the motion is
voted on.
• The vote is taken and the Chair announces the vote and result — "The
motion is carried", or "The motion is lost."
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. "That the car
not be automatic transmission" should be changed to "That the car be standard
transmission".)
FA �T Ir4Ii 1�V,
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
• By leaving out certain words
• By adding certain words
• By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one
time. As soon as one amendment has been accepted or rejected another
may be proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the "main
motion, as amended" is on the floor, the Chair will state "main motion as
amended" before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover (consent of seconder
is not required). Amendments must be withdrawn in reverse order. If the mover
refused the consent, the motions must be voted on.
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