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161017 Special Council MIN= Attendance Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Regrets: Councillor Maxwell Adam Staff David Calder, CAO Donna Wilson, Clerk Janelle Constatino, Deputy Treasurer Rick Cox, Director of Recreation, Culture & Parks Kevin DeLeebeeck, Director of Operations Jeff Smith, Fire Chief Michael Derosches, Manager of Hydro Operations Tricia Smith, Deputy Clerk 1.Call to Order The meeting was called to order at 1:02 p.m. 2.Adoption of Agenda Resolution #1 Moved By: Councillor Hayes Seconded By: Deputy Mayor Beres THAT the Agenda as prepared for the Council meeting of Monday, October 17, 2016, be adopted. Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, October 17, 2016 1:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting – Minutes, October 17, 2016 - 2 - 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Delegations and Presentations 4.1 Mid-Term Council Update Presented By: Fred Dean Council took a recess at 2:20 p.m. Council resumed at 2:30 p.m. 5. By-Laws 5.1 By-Laws from the Meeting of Monday, October 17, 2016 By-law 4046 To Confirm Proceedings of October 17, 2016 Resolution # 2 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 4046, To confirm the proceedings of Council at its meeting held on the 17th day of October, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk, be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 6. Adjournment Resolution # 3 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, October 17, 2016 be adjourned at 4:27 p.m. Carried Mid-Term Update Presentation to the Town of Tillsonburg Fred Dean October 2016 Introducing Fred Dean Municipal Lawyer & Coach Former Sudbury City Solicitor Acts exclusively for municipalities and municipal associations Chair of ROMA Question Box Panel AMO Facilitator & Trainer Named to Honour Roll in 2007 Webinars Amberley Gavel Closed Meeting Investigations Integrity Commissioner Academy THE AGENDA … Whose Meeting is it? Powers Roles & Responsibilities Accountability & Transparency Meetings Procedure By-law Codes of Conduct On the Horizon Questions A Meeting of Council Powers come from the Province No inherent jurisdiction All powers are exercised by Council By majority By By-law Meetings are open to public except in limited circumstances (section 239) How Powers are Exercised Powers are exercised at a duly constituted meeting Open to the public Notice to the public Quorum Majority vote All members vote Key Documents Procedure By-law Strategic Plan Code of Conduct Annual Budget What have you been elected to do? Job description? Duties/responsibilities that come with your office? Scope of your duties? Limitations & restrictions? Statutory Roles & Responsibilities The Municipal Act, 2001 and updated in 2007 defines responsibilities and duties Council Head of Council CAO Municipal Staff Roles & Responsibilities Members of Council Staff Public Council It is the role of Council to… represent the public and to consider the well-being and interests of the municipality develop and evaluate the policies and programs of the municipality determine which services the municipality provides Council It is the role of Council to… ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council Council It is the role of Council to… ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality Council It is the role of Council to… maintain the financial integrity of the municipality carry out the duties of council under this or any other Act In Summary…Council Exercises corporate powers Acts collectively, publicly & with advanced notice No management or administrative functions by members of council, including Head of Council Head of Council “Mayor” “Reeve” “Warden” “Chair” “Lord Mayor” Role of the Head of Council to... preside over council meetings so that its business can be carried out efficiently and effectively provide leadership to the council Role of the Head of Council to... provide information and recommendations to council with respect to the role of council respecting the administrative & controllership policies, practices and procedures in place to implement the decisions of council Role of the Head of Council to... provide information / recommendations to council with respect to the role of council respecting the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality It is the role of the Head of Council to... represent the municipality at official functions act as chief executive officer of the municipality (CEO) carry out the duties of the head of council under this or any other Act As CEO the Head of Council shall… uphold and promote the purposes of the municipality promote public involvement in the municipality’s activities As CEO the Head of Council shall… act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally, and As CEO the Head of Council shall… participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents Head of Council Leadership to council Advisor to council on key matters Effective chair Influence No management powers Municipal “Champion” as CEO Chief Administrative Officer Council may appoint a CAO who reports to Council and shall be responsible for exercising general control and management of the affairs of the municipality Responsible for staff PA performing such other duties as are assigned by the municipality Chief Administrative Officer Appointed by Council Reports to Council Exercises general control and management Primary resource for advice at Council meetings Council needs to hear CAO advice Municipal Staff It is the responsibility of Administration to: undertake research & provide advice to council implement council’s decisions establish administrative practices & procedures to carry out council’s decisions Municipal Staff Primary source of information for Council Reports + Recommendations Advice to members at meeting Substantive Procedural Clerk advises Council on procedural issues Does not decide procedural questions Does not enter into debate Implement Council’s decisions Statutory Officers Appointed by council by-law Have duties under a provincial statute or regulation Council or other staff cannot interfere with the exercise of those powers Examples – Clerk / CBO / Treasurer Whose Meeting is it? Key question that Defines relationships Defines responsibilities Answers procedural questions Determines success of Council Whose Meeting is it? A Meeting of members of Council Majority prevails Votes on substantive matters Votes on procedural issues Votes on conduct of members Votes directing staff Votes on appeal of decision of chair Council should steer the boat rather than row it Council should decide what services and programs the municipality will offer and leave to staff the “how to” Osborne and Gaebler (Reinventing Government) Council/Staff Relations Members should… Expect professional advice Staff are not public officials Respect for each other’s roles Staff should… Expect members to be prepared No micromanagement No interference in day to day operation Harassment free workplace Respect for each other’s roles Making Decisions & Setting Policy Or Manage & Direct Work Roles of Council members & staff are clearly defined in the Municipal Act What is micromanaging? Individual member involving self in day-to-day operations Requests for detailed reports/information from staff Effect of Micromanaging on Organization Resets staff priorities You will be dealt with first Impact on staff morale Majority of Council has duty to control members Members Communications with Staff CAO Protocol is recommended Identify the staff that members deal with My discussions with a Member were later shared with CAO All staff need to know that they should report discussions with members Incivility – OEMC Presentation by Bruce Beakley Workplace Incivility A relatively new phenomenon May have emerged slowly, suddenly or not at all in a workplace But where it has the impact is serious So, what is it? Definition Workplace incivility has been defined as low-intensity deviant behavior with ambiguous intent to harm the target. Uncivil behaviors are characteristically rude and discourteous displaying a lack of regard for others. Subtle Examples asking for input and then ignoring it "forgetting" to share credit for a collaborative work giving somebody a "dirty look" interrupting others not listening side conversations during a formal business meeting/presentation speaking with a condescending tone Overt Examples disrupting meetings emotional put-downs giving dirty looks or eye rolling giving public reprimands giving the silent treatment Insulting others making accusations about professional competence not giving credit where credit is due overruling decisions without giving a reason sending a nasty and demeaning note talking about someone behind his or her back Undermining credibility in front of others Workplace Incivility It is corrosive and leads to workplace distress, lower productivity and higher turnover, all costly and undesirable It is never positive, and has a very negative impact on staff and on the public image of the Council Dealing with it “Decorum” is in procedure by-laws for a reason Role of the Chair Role of other Councillors It is not acceptable to say “everyone knows what Tom/Joe/Mary is like” If unchecked it becomes the norm for the individual How Do Items Get to Council? Staff Members The Public How Do Items Get to Council? Staff Primary source (legislated) Format set by Council in Procedure By-law “Fill in the blanks” It is a staff responsibility Mayor, CAO & Clerk review after agenda set How Do Items Get to Council? Members Announcements Notice of Motion Filed by any member with Clerk Notice of Motion presented at first meeting Motion on agenda of second meeting Transparent & fair process Have staff assist in drafting motions How Do Items Get to Council? The Public Well Defined Delegation Process Members & public should expect rules in Procedure By-law be adhered to Purpose - to provide information to Council Observe At the Meeting Reference to outside source for rules Robert’s, Bourinot, etc Ex Officio Points of Order and Privilege Protocol to protect staff At the Meeting Order of business Staff reports Clear & sufficient detail to make decision Questions by members Before meeting At meeting Declarations of Pecuniary Interest Mayor Leadership to council Advisor to council on key matters Upholds & supports Council decisions Influence No powers to manage or administer Municipal “Champion” as CEO Effective Chair Whose meeting is it? Contrasting responsibilities Traditional Chair Member of Council who participates & votes Participating in the debate – best practice Other powers & Duties in Procedure By-law Effective Chair Personality of Meeting Ensure staff advice is received Make decisions Seek advice from Clerk on rulings if required Duty to uphold Procedure By-law Predictable and Transparent Meetings Predictable meetings? Transparent meetings? No additions to published agenda How can you be surprised? A matter of trust Provincially Imposed Procedural Rules Municipal Act Procedure By-law required Notice to public Minutes – Without note or comment Voting procedures Recorded votes Quorum Head has power to expel Provincially Imposed Procedural Rules Municipal Conflict of Interest Act Quorum Declarations 5 statutory duties imposed Effectiveness at Meetings Be prepared Listen Ask questions in advance Council speaks by Resolution & By-law The majority prevails The lessons to be learned from Dick Dow Dealing with the Media All Members may speak to the media Independent legislators Councillors do not speak on behalf of council The Mayor does Mayor’s duty is to uphold & promote the purposes of the municipality, ie Council decisions Dealing with the Media Staff with limited exception should not be giving interviews If you will be giving an interview – Be prepared Define your key message Always acknowledge that it is Council that made the decision Public Expectations? Deliver Basic Services Effectively and Efficiently Respond to Emergencies Deal effectively with New Issues that arise Contribute to Community Pride Accountable and Transparent Government Policies A & T Policy Duly constituted meetings MFIPPA Code of Conduct Integrity officers Open meetings Meetings – Open or Closed? Key element of Accountable and Transparent Government Members and staff must know legislated rules for holding closed meetings Closed meetings Limited ability to hold closed meetings Subject to review by an Investigator Basic Principles… All meetings of council, local boards and committees shall be open to the public! Meetings may only be closed in circumstances set forth in section 239, Municipal Act Rules apply to council, committees and some local boards Subject Matters at Closed Meetings Section 239 (2) Security of property Personal matter about an identifiable individual Acquisition or disposition of real property Labour relations or employee negotiations Subject Matters at Closed Meetings Section 239 (2) Litigation or potential litigation Advice that is subject to solicitor-client privilege Subject Matters at Closed Meetings Subsection 239 (3.1)… Meeting may be closed if – for the purpose of educating or training the members AND no member discusses or deals with a matter in a way that materially advances the business or decision-making Subject Matters at Closed Meetings Subsection 239 Under another Act Emergency Management Act MFIPPA An ongoing investigation by the Ombudsman or closed meeting investigator [NEW] Public Resolution Required Required before closed meeting can occur Must be passed at an open meeting The Resolution must Acknowledge fact of closed meeting Indicate the general nature of the matter to be considered No additional items!! Votes at Closed Meetings Votes are only permitted for the following - Procedural Matters Direction Adjournment Why are written Resolutions important? Closed Meeting Investigations Any person may request an investigation Whether municipality, local board or committee has complied with section 239 or the procedure by-law in respect of a closed meeting Investigation Request Independent Investigation by Investigator appointed by council Ontario Ombudsman if council has not appointed an Investigator before request received Amberley Gavel Ltd. What is a “Meeting”? Not just a numbers exercise Email Advancing the business Influence Under review Confidentiality Understand your duty Closed meeting documents and deliberations Other documents Duty to maintain confidentiality applies to all Avoid the temptation “Pillow talk” Consequences of breach THE MUNICIPAL CONFLICT OF INTEREST ACT Your personal obligation Governs conduct of members Does not apply to staff Statutory Duty to disclose pecuniary interests and the general nature thereof Pecuniary Interest What is a pecuniary interest? Direct & indirect Parent, spouse, child Corporations Member of a body Employee Partner Member’s Duties If a member has a pecuniary interest: Declare the pecuniary interest State the general nature of the interest Do not: Influence before, during or after the meeting Participate Vote “Do I have a Pecuniary Interest?” “NO” Participate Influence & Vote “Business as usual” “YES” Does a section 4 Exception Apply? “YES” - Participate, Influence & Vote “NO” –Declare Pecuniary Interest –Do NOT Participate, Influence or Vote Conflict of Interest Exceptions user of any public utility service member being entitled to receive any service or commodity on same terms as others purchasing or owning a debenture of the municipality member making a deposit with the municipality or local board, which is or may be returnable to the member in like manner as such a deposit is or may be returnable to all other electors having an interest in any property affected by a work under the Drainage Act or relating to local improvements Conflict of Interest Exceptions having an interest in farm lands that are exempted from taxation being eligible to fill a vacancy in the council or local board when the council to fill such vacancy being a director or senior officer of a corporation incorporated for the purpose of carrying on business for and on behalf of the municipality or local board or by reason only of the member being a member of a board, commission, or other body as an appointee of a council or local board Conflict of Interest Exceptions setting compensation for members of council setting compensation for members of a volunteer fire brigade an interest in common with electors generally interest which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member Municipal Conflict Of Interest Act Exceptions – section 4 If exception – business as usual Closed meetings Quorum Can be reduced to 2 members Absence from meeting Declare at next meeting “Where do I find general advice?” Educate yourself Read the Act regularly Book and articles Google Alerts  Staff “I think I have a Pecuniary Interest, what do I do?” Who not to ask for specific advice? Other members Staff Head of Council Who to ask for specific advice? Retain independent legal council “I think you have a Pecuniary Interest, what do I do?” The MCIA is complex Many factors go into analysis Not appropriate to single out member The Act provides a remedy Consequences Court Application By Elector Within 6 weeks of knowledge Up to 6 Years from alleged contravention The Court may find… No breach Breach Breach with Saving Provision Inadvertence Error in judgment Code of Conduct Codifies expected conduct Integrity Commissioner Reports to Council Investigates & recommends to Council Penalties Selecting an IC May be changes coming Training Multi-faceted, highly regulated public organization Training plan for Members Staff (report writing) Committee and local board members Hold training in public when possible Training Meeting procedures Code of Conduct Bill 168 Water Candidates training On the Horizon Legislative Review Municipal Elections Act Municipal Act Municipal Conflict of Interest Act Whose meeting is it? In Conclusion Council controls the destiny of the municipality Makes decisions collectively by majority Controls its members Listens to staff Protects staff Eliminates surprises Creates expectations