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Report To: General Purpose and Administration Committee
Date of Meeting: January 19, 2015
Report Number: CLD-004-15 Resolution Number: GP-L
File Number: C12.GE By-law Number:
Report Subject: Appointments to Boards and Committees — Process Amendment
Recommendations:
1. That Report CLD-004-15 be received;
2. That the draft recommended Appointments to Boards and Committees Policy (Attachment
2 to Report CLD-004-15) be approved, and
3. That all interested parties listed in Report CLD-004-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report CLD-004-15 Page 2
Report Overview
There are approximately 50 advisory boards and committees or external boards/committees to
which Council appoints Clarington residents. In response to Council's request for a report
regarding the process for these Council appointments, this report details recommended
changes to the traditional process to provide for a standardized, transparent and fair
appointment policy.
1 . Background
1.1.Request for Appointment Policy
On September 15, 2014, Council passed the following resolution:
WHEREAS the existing process for Council appointments to boards and
Committees involves:
• Staff posting and advertising of appointment opportunities,
• Staff compiling the applications,
• Council considering the applications, and
• Council making the appointments.
AND WHEREAS the existing process has been criticized for its apparent lack of
transparency;
NOW THEREFORE BE IT RESOLVED THAT staff be directed to report back in
January 2015 on a recommended policy, including the Council voting procedure,
for the establishment of a standardized, transparent and fair process for Council
appointments to boards and committees.
1.2.Appointments
At the beginning of each term, or as vacancies occur throughout the term, Council
appoints resident applicants to approximately 50 boards, boards and advisory
committees. These committees may be created by the Municipality or community
committees on which there is some level of municipal representation (eg. Durham Trail
Coordinating Committee or Ganaraska Forest User Committee).
Attachment 3 to this Report is a list of committees and boards which have been created
by the Municipality of Clarington or are external agencies to which Clarington appoints
Members of Council and/or citizen representatives. The intent of this report is not to
comment on the Terms of Reference, mandate or merit of each of these
boards/committees. Please be advised, that the Terms of Reference for each of the
Clarington committees and boards is currently under review by staff and a subsequent
report will be presented to Council at the conclusion of the review.
Municipality of Clarington
Report CLD-004-15 Page 3
1.2.1. Customary Practice
It is customary practice that late, in the last year of a Council term of office, the
Municipal Clerk places an advertisement in the newspaper listing all the boards and
committees to which Council will be making appointments, and inviting citizens to apply
to sit on the committees. In addition, an advertisement is placed on the Clarington
website (including a link to the application form).
The current Protocol for Council Appointed Advisory Committees is silent on applicant
eligibility. Some governing board/committee by-laws and advisory committee specific
Terms of Reference speak to unique committee composition requirements but not
necessary applicant skills, abilities or experience.
Interested citizens submit an application to the Municipal Clerk detailing their reasons
for applying. The Municipal Clerk, or designate, then compiles the applications and
provides Council with a list of applications for each committee and includes a copy of
each application.
The applications are discussed by the General Purpose and Administration Committee
(GP&A) in a closed meeting. In open session, a resolution of the GP&A is passed with
the respective appointments. This resolution is then ratified at the next scheduled
Council Meeting.
Throughout the term, where a vacancy occurs on a committee / board, the Municipal
Clerk determines if there are applications on file and if not, places an advertisement in
the paper and on the website seeking applications. The Municipal Clerk assembles the
applications and they are presented to the GP&A Committee for appointment. The
appointment is made through a motion and resolution of Committee which is then
ratified by Council.
This customary process has been in place for more than four terms of Council. The
process requires minimal staff resources to administer, and appointments are most
often made with little, or no, input from staff.
Over the years, the existing process has occasionally been criticized for its apparent
lack of transparency. In 2007, Council considered Report CLD-001-07 wherein an
appointment policy was recommended. The policy was approved at Committee but the
decision was over-turned at Council as a result of much negative feedback from
concerned citizens. In 2011, Council considered Report CLD-029-11 recommending a
new policy but resolved not to implement a new appointment policy. Thus, the
customary process for appointments to boards and committees remains in place.
1.3.Votinq Procedure for Appointments
The Municipal Act provides that no vote shall be taken by ballot or by any other method
of secret voting. Traditionally in Clarington, there has been no standard protocol in
which appointments are introduced and voted on at Committee/Council. Generally
speaking, nominees are either put forward individually or as a slate. When introduced
as a slate, the process can become confusing as it often results in a situation where the
main motion is divided, or several variations of the slate are moved and lost.
Municipality of Clarington
Report CLD-004-15 Page 4
2. Proposal — Appointment Process
2.1. Policy Option Review
Upon being directed to report on a recommended policy for the establishment of a
standardized, transparent and fair process for Council appointments, staff undertook a
review of previous staff recommendations and best practices of other municipalities.
To assess appointment processes and recommend an appointment policy, the desired
outcome must first be defined. Council, in its resolution, requested a policy which
provides for a standardized, transparent and fair process. To be more specific and
complete, the appointment policy must also provide:
• A simple and easy application process,
• Realistic and reasonable eligibility requirements,
• An opportunity for balanced representation, and
• Flexibility for Council in making informed appointment decisions.
Staff research findings indicates that there are essentially three processes followed,
being:
a) Council appointments with no staff input
Post ad ► provide resumes to Council ► Council deliberates in Closed Session
and makes appointment in Open Session
b) Council appointments based on staff recommendations
Post ad ► provide resumes to staff ► Staff assess applicants (with or without
interviews) and makes recommendations to Council ► Council considers
recommendations and makes appointment in Open Session
c) Council appointments based on Evaluation Committee recommendations
Post ad ► provide resumes to Evaluation Committee (including Council
representative and staff or a sub-committee of Council and no staff) ►
Evaluation Committee assess applicants (with or without interviews) and makes
recommendations to Council ► Council considers recommendations and makes
appointment in Open Session
The suitability of an appointment process is really dependant on the culture of the
municipality. What works in one municipality may not be suitable in another
municipality. Process a) above involves minimal staff time (post the ad and assemble
and distribute the applications), while the other two processes require significantly more
staff time, especially where interviews are being conducted. Discussions with staff from
other municipalities indicate that, where interviews are conducted, the results of the
interviews combined with the resume/application content are evaluated against a set of
Municipality of Clarington
Report CL.D-004-15 Page 5
criteria to assist in determining the recommended appointees. Findings further revealed
that the appointment recommendations are not always made.
2.2.Recommended Policy for Appointment Process
The success of each board/committee relies heavily on the participation of its members.
As such, it is important to establish and document (as a matrix) the key skills and
experience desired for each committee. This committee matrix would then be relied on
by Council, when reviewing applications, as an aid to assist them in focussing on what
the committee needs and which applicant(s) best fit that need. See Attachment 1 to this
Report for a sample committee matrix. The matrix concept has been tried, tested and
proven successful during the previous term for Clarington's Agricultural Advisory
Committee.
As stated earlier in this report the Terms of Reference, including specific member
eligibility requirements, are under review. That said, it is recommended, to provide for a
more transparent appointment process, the following basic member eligibility
requirements be agreed to in principle:
• 16 years of age or older
• A resident of the Municipality of Clarington or a Municipality of Clarington land or
business owner
• Able and willing to attend regular meetings
• Willing to undertake special projects which are consistent with the
committee's/board's mandate
Staff recommends that Council adopt a policy for appointments which provides for
Council to determine appointments based on applicant fit as determined through the
use of an eligibility matrix. Attachment 2 to this Report is the draft recommended policy.
This recommended process maintains Clarington's current easy and efficient application
process. Vacancy advertisements will be placed in the local newspapers and on the
Clarington website. Applications will be received and provided to Council along with the
committee matrix for Council's consideration; thus facilitating an informed, transparent
and flexible process for Council.
3. Proposal — Council Voting Procedure
3.1.Policy Option Review
There are a variety of options for conducting the vote regarding appointments which
provide for fairness, transparency and legislative compliance, including:
• Limiting nominations to one candidate at a time
• Moving nominations as a slate
• Regulating the order in which members vote
Municipality of Clarington
Report CLD-004-15 Page 6
• Regulating the manner in which nominee motions are moved and by whom
• Using written open voting ballots
• Requiring that a candidate must receive a majority of votes to be appointed
Staff research, while not exhaustive, did not conclude a consistent nor prevalent
manner for conducting the vote. Rather, it appears that the manner in which the vote is
conducted is unique to each municipality.
3.2. Recommended Policy for Appointment Voting Process
Staff recommends an open written voting ballot process requiring a candidate to receive
a majority of votes to be successfully appointed. Members would write their slate of
nominees on their ballot and the Clerk would read aloud each member of Council's
name followed by their slate of candidates for whom they are voting. The total number
of votes cast would be tallied. Those candidates receiving a majority of votes would be
considered appointed while those receiving the least number of votes would be dropped
from the slate. Subsequent rounds of voting would be conducted in the same manner
until such time as all vacancies are filled. This method of voting lends itself both to
single vacancy appointments as well as multiple appointments to a committee/board.
Using an open written voting ballot, while it may be more time-consuming, underscores
the transparency of the voting process and complies with the requirements of the
Municipal Act. It is worth noting, that while the term "ballot" connotes a "closed"
process, this method of conducting a vote has been reviewed by the Ontario
Ombudsman and is used by Niagara Falls.
4. Concurrence
This report has been reviewed by the following who concur with the recommendations:
Andy Allison, Municipal Solicitor
Joe Caruana, Director of Community Services
David Crome, Director of Planning Services
Fred Horvath, Director of Operations
Linda Kent, CEO Clarington Public Library
5. Conclusion
It is respectfully recommended that the recommended policy for Appointments to
boards/committees, as detailed in Attachment 2 to this Report, which provides for a
standardized, fair, transparent, simple, reasonable and flexible process, be approved by
Council.
Municipality of Clarington
Report CLD-004-15 Page 7
6. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: "° Reviewed by: ,�
Anne Greentrd° Franklin Wu,
Municipal Clerk Chief Administrative Officer
Staff Contact: Anne Greentree, Municipal Clerk 905-623-3379 ext. 2102 or
agreentree @clarington.net
Attachments:
Attachment 1 — Draft Committee Matrix
Attachment 2 — Draft Boards and Committee Appointment Policy
Attachment 3 — List of committees and boards.
The following is a list of the interested parties to be notified of Council's decision:
None
CAG
Board Composition Maxtrix Attachment#1 to
Report CLD-004-15
Candidate l Candidate 2 Candidate 3 Candidate 4 Candidate 5 Candidate 6 Candidate 7
Occupation
Professional
Business
Education
Public service
Non-profit
Retail
Manufacturing
Home-based business
Retired (indicate former profession)
Other
Special Skills (select all that apply)
Fund-raisin
Marketing
Advocacy
Policy development
Media relations
Government relations
Meeting management
Public speaking
Management/Admin.
Strategic planning
Communications
Community Connections
Business and Industry
Government
Non-profits
Education
Arts
Media
Service clubs
Other clubs or organizations
Geographic
Ward
Report CAD-004-15
Attachment 2
Council Appointments to
Boards and Committees
1. Purpose
a) To establish a standardized, transparent and fair process for Council
appointments to Boards and Committees.
2. Policy Procedures:
2.1 Reasonable efforts shall be made to ensure the membership of each board /
committee provides the necessary skills and experience to fulfill the mandate
of the board/committee while reflecting the needs of the Clarington
community. Details specific to each board / committee shall be included in
the Terms of Reference.
3. Policy Procedures:
3.1 Application
a) In December of the last year of the Term of Council the Municipal Clerk, or
designate, shall ensure that the opportunity for appointments to boards and
committees is advertised (in the local newspapers as well as on the Municipal
website).
b) The Municipal Clerk, or designate, shall receive all applications for
appointment.
c) Persons wishing to sit on a board or committee shall submit a complete
application, which shall include a resume (or other reasonable facsimile) to
the Municipal Clerk's Department.
d) The application form, as determined by the Municipal Clerk, shall include a
declaration to be signed by the applicant confirming they meet the eligibility
requirements as set forth in 2.1 of this Policy and confirming that they are
submitting a fully completed application.
e) Applications shall be deemed incomplete if there are not sufficient details
pertaining to education and experience to demonstrate the applicant's ability
to fulfil the mandate of the board/Committee. Incomplete applications shall be
noted as such when presented to Council.
f) If no applications are received, the position shall be re-advertised.
Page 1 of 4
Report CLD-004-15
Attachment 2
Council Appointments to
Boards and Committees
3.2 Evaluation
a) Generally speaking, each board or committee works closely with a
department.
b) Each Board/Committee has a matrix which details the skills and experience
desired for its members.
c) The Municipal Clerk, or designate, shall assemble the applications according
to board/committee and shall forward a copy of the application packages to
the appropriate Department Head for further processing.
d) Department Heads, or designate, shall then complete the committee matrix
based on the application details, and shall return the application package to
the Municipal Clerk
e) The Municipal Clerk, or designate, shall prepare a report to General Purpose
and Administration Committee (GP&A) presenting the applications for each
committee along with the committee matrix for consideration and
appointment.
3.3 GP&A Consideration
a) The staff report to GP&A will be included on an agenda for a regularly
scheduled GP&A meeting as soon as possible in the first year of the Term of
Council.
b) Copies of the complete applications shall be supplied to Members of Council
in a confidential package under separate cover from the GP&A Agenda.
c) The report shall be considered at the end of the GP&A meeting, in open
session and shall be chaired by the Mayor.
d) Appointments to Boards/Committees shall be considered one
Board/committee at a time.
Page 2 of 4
Report CLD-004-15
Attachment 2
Council Appointments to
Boards and Committees
3.4 Voting
a) A successful candidate must receive a majority of vote of all members of
Council present at the meeting. As per the standard process for Committee
decisions, the appointments must be ratified by Council.
b) Each member of Council shall be provided a supply of blank ballots. The
member shall record their name at the top of the ballot in the space provided.
c) The Chair shall announce the number of positions to be filled for the board/
committee currently under consideration and where deemed necessary shall
display the list of candidates names.
d) Each member of council present shall record the name(s) of candidates for
whom they wish to vote.
e) The Municipal Clerk, or designate, shall collect all of the ballots, and shall
read each vote (beginning with the name of the Member of Council followed
by the candidate(s) for whom they voted). The Member of Council may only
vote for up to as many positions on the committee or board as are remaining
to be filled in that round of voting. Over-votes are not permitted. Under-votes
are permitted.
f) The Municipal Clerk, or designate, shall record the votes as they are stated,
and if the number of positions to be filled and the number of nominee(s) with
a majority of votes are equal, those nominees shall be declared elected to the
committee.
g) At the end of the first or any subsequent round of voting, where there are
fewer nominees who received a majority of votes than positions remaining to
be filled on the board or committee, those nominees receiving a majority of
votes shall be deemed to have been appointed. The Municipal Clerk, or
designate, shall remove the names of the appointed nominees from the
nominee slate.
h) At the end of the first or any subsequent round of voting, where there are
more nominees who received a majority of votes than positions remaining to
be filled on the board or committee, beginning with the nominees with the
highest number of votes for that round of voting, and moving down the list
(from highest to lowest) the number of nominees required to fill the positions
shall be deemed to have been appointed.
Page 3 of 4
Report CLD-004-15
Attachment 2
Council Appointments to
Boards and Committees
i) In the event of a tie among nominees at the lowest end of the group of
nominees receiving a majority of votes (as stated in g) above), only those
candidates with the higher votes than the tied candidates are deemed to have
been appointed, and only those tied nominees shall be included in the next
round of voting.
j) At the end of the first or any subsequent round of voting, where there are no
nominees who received a majority of votes, the nominee who received the
least number of votes is removed from the nominee slate. Where there is a
tie for the least number of votes, all of those nominees tied shall be removed
from the nominee slate.
k) In the event of a tie among nominees who received the most votes, and the
number of tied candidates exceeds the position(s) remaining to be filled; only
those tied candidates shall be included in the next round of voting.
1) The Municipal Clerk, or designate, shall record the appointment(s) at the end
of each round of voting, on a display in the Chambers.
m) In the event of three successive rounds of voting with the same results, a
deadlock shall be declared by the Chair and a draw by lot shall be conducted
by the Municipal Clerk, or designate.
n) Should the draw by lot be to fill a single vacancy when only two candidates
remain, the candidate whose name is drawn shall be declared the successful
appointee to the position.
o) Should the draw by lot be to fill more than one vacancy, the Municipal Clerk,
or designate, shall draw the number of names as there are vacancies. Each
name drawn shall be declared a successful appointee to the position, and
shall be announced prior to drawing the next name.
3.5 Appointments of Council Members to Boards and Committees
a) The procedures outlined in Sections 3.4 shall be followed for any appointment
of councillor(s) to a board or committee, and any reference to staff
recommendations shall not form part of the nominating process for
councillors.
4. Filling of vacancies
In the event of a vacancy on any Board/Committee, the same procedure shall be
followed as detailed above, with the necessary modifications.
Page 4 of 4
Attachment#3 to Report CLD-004-15
Committee/Board Council Citizen Membership Appointments
Representative Awarded for the
2014-2018 Term
Samuel Wilmot Nature Area 1 Member 11 citizens
Management Advisory Committee
Conservation Authorities and their Committees
Central Lake Ontario Conservation 3 Members Yes
Authority
Ganaraska Regional Conservation 2 Members 'Yes
Authority
Kawartha Region Conservation 1 Member Yes
Authority
Ganaraska Forest Recreational 1 citizen
User Committee
GRCA Municipal Working Group for Staff Only
Source Water Protection
Energy from Waste Committee Staff Only
Hall Boards
Newcastle Community Hall Board 2 Members 3 appointed by Council, 2 elected from the On Agenda
Village of Newcastle at a*meeting
Solina Hall Board 2 Members 5 citizens
Tyrone Hall Board 2 Members 9 citizens
BIA's
Bowmanville BIA 1 Member 6 nominated by BIA
Newcastle BIA 1 Member 7 nominated by BIA
Orono BIA 1 Member Appointed by BIA
Durham Re ion Appointments
Durham Agricultural Advisory 1 citizen (Durham Region advertises and
Committee forwards list of applicants for nomination by
Municipality)
Durham Environmental Advisory 1 citizen
Committee
Attachment#3 to Report CLD-004-15
Committee/Board Council Citizen Membership Appointments
Representative Awarded for the
2014-2018 Term
Committees and Boards of Council
Abandoned Cemeteries Board 1 Member 7 citizens
Accessibility Advisory Committee 1 Member 6 citizens
*Note #1
Agricultural Advisory Committee 1 Member 11 citizens (1 of which is a representative of the
(Council Liaison) Durham Federation of Agriculture)
*Note #2
Bowmanville CIP May appoint 1 6-8 citizens (appointed by Director of Planning)
Member
Committee of Adjustment Not permitted 6 citizens
Municipal Election Audit Committee N/A 3 citizens
Municipal Heritage Committee 1 Member Minimum of 5 and Maximum of 12
(Council Liaison) (Three of which are representatives of other
Heritage Groups)
Museums and Archives Board 2 Members 10 citizens (2 representing each ward) 1
representative of Newcastle Historical Society, 1
representative of Friends of the Museum,
Administrator of Museum (non-voting)
*Note #3
Newcastle Arena Board 2 Members 7 citizens
Newcastle CIP May appoint 1 5 citizens (appointed by Director of Planning)
Member
Orono Arena Community Centre 2 Members 6 citizens (2 from Township of Clarke; 2 from
Board Orono Amateur Athletic Association; 2 from
Durham central A ric. Society)
Orono CIP May appoint 1 7 citizens (appointed by Director of Planning)
Member
Property Standards Committee None 6 citizens
Public Library Board 2 Members 7 citizens
Safe Communities Committee Mayor Only Agency members only
Attachment#3 to Report CLD-004-15
Committee/Board Council Citizen Membership Appointments
Representative Awarded for the
2014-2018 Term
Samuel Wilmot Nature Area 1 Member 11 citizens
Management Advisory Committee
Conservation Authorities and their Committees
Central Lake Ontario Conservation 3 Members Yes
Authority
Ganaraska Regional Conservation 2 Members 'Yes
Authority
Kawartha Region Conservation 1 Member Yes
Authority
Ganaraska Forest Recreational 1 citizen
User Committee
GRCA Municipal Working Group for Staff Only
Source Water Protection
Energy from Waste Committee Staff Only
Hall Boards
Newcastle Community Hall Board 2 Members 3 appointed by Council, 2 elected from the On Agenda
Village of Newcastle at a*meeting
Solina Hall Board 2 Members 5 citizens
Tyrone Hall Board 2 Members 9 citizens
BIA's
Bowmanville BIA 1 Member 6 nominated by BIA
Newcastle BIA 1 Member 7 nominated by BIA
Orono BIA 1 Member Appointed by BIA
Durham Re ion Appointments
Durham Agricultural Advisory 1 citizen (Durham Region advertises and
Committee forwards list of applicants for nomination by
Municipality)
Durham Environmental Advisory 1 citizen
Committee
Attachment#3 to Report CLD-004-15
Committee/Board Council Citizen Membership Appointments
Representative Awarded for the
2014-2018 Term
Durham Trail Coordinating 1 Regional Rep 1.citizen On Council
Committee Agenda-Jan. 26
Durham Region Land Division 1 citizen Yes
Committee
Energy From Waste —Waste 1 Regional 4 citizen appointments 2 year term
Advisory Committee 1 Local ending 2016
Durham Transit Advisory 1 citizen On Council
Committee Agenda-Jan. 26
Miscellaneous Committees and Boards
Bethesda House 1 Member
Clarin ton Older Adults Association 2 Members
Darlington Site Committee 2 Members
Friends of the Second Marsh 1 Member
Hampton Community Association 1 Member
(Hampton Hall Board
Miller Compost Facility Community Appointed by Director of Planning = 2 citizens, 2
Relations Committee business, 3 Miller Waste, 1 Planning, 1
En ineerin , 1 CLOCA
Older Adult Strategy Committee 2 Citizens appointed to end of project
Orono Cemetery Board May appoint 1
Member
St. Mary's Cement Advisory 1 Member
Committee
Santa Claus Parade Committee 1 Member
Bowmanville)
Veridian Corporation Mayor 1 citizen Yes
Veridian Connections Mayor 1 citizen + 1 alternate citizen rep es
Youth Advisory Committee 1 Member
Visual Arts Centre 1 Member
Jury Lands Foundation 1 Member
Attachment#3 to Report CLD-004-15
Appointments
Committee/Board Council Citizen Membership Appointments
Representative Awarded for the
2014-2018 Term
Livestock Valuers None 2 citizens
Pound Keepers None 2 citizens
Notes:
1. A member cannot serve for more than two consecutive terms.
2. The Agricultural Advisory Committee has some of its members terms staggered. Therefore some members terms will be
December 31, 2016
3. Members can only site on the Museums Archives Board for a maximum of 9 consecutive years, but can have one year hiatus