Committee of Adjustment and Planning Committee Introductory Presentation January 25, 2019 Secretary-Treasurer/Deputy Clerk – Martina Chait-Hartwig
Committee Governance: Procedures A quorum is 3 members of the Committee ACTION SPECIFICS The Committee of Adjustment/ Planning Committee makes A Resolution Is passed by Committee, must be in writing, directs a course decisions by passing resolutions of action, approves a policy and by-laws. The Committee A Motion Proposed by a Member of Committee, resolves a matter and must conduct itself in effects a decision accordance with its Procedural By-laws An enforceable law, a confirming by-law is passed as the last By-law and must meet regularly action of Committee at a meeting to confirm the in a public forum. The proceedings Municipal Act includes Notice of Gives notice to the Clerk that a specific motion will be placed provisions to consider matters Motion on a future agenda in closed session. However, the matters that may be discussed Recorded Vote The vote by individual is not recorded unless there is a in closed session are restricted. request by a Member of Committee, The Clerk calls the vote starting with the requestor and then alphabetical order
Committee Governance: Code of Conduct & Criminal Record Check Code of Conduct – Bill 68 Pecuniary Interest Forms Township pays all costs Municipalities are required to adopt a Committee Code of Conduct and associated with the Integrity to appoint an Integrity Commissioner prior to March 1, 2019. The Commissioner Township of Douro-Dummer adopted a Code of Conduct through by- law 2018-53 on September 4 th , 2018 and appointed Mr. Robert Swayze A Criminal Record Check including as the Township Integrity Commissioner (I.C.) The Integrity Vulnerable Sector is required* Commissioner has the authority to investigate whether a member has breached the Municipal Conflict of Interest Act (MCIA) or the Committee Code of Conduct. The I.C. will only investigate if a A policy governing Committee & complaint is received (from the public or other Committee member) Staff Relations – is on its way not on their own initiative. The I.C. is also available to provide advice Code applies to all Township to a member regarding the MCIA and the Committee Code of Conduct. Committees and Boards
Committee Governance: Integrity Commissioner and Code of Conduct • Our Integrity Commissioner is Robert Swayze • Code of Conduct By-law • passed September 4, 2018 • each member of Committee has a copy at their desk “Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct for members of Committee of the municipality and of local boards of the municipality.” Section 223.2(1), Municipal Act, 2001
Meeting Management: What is a Meeting? Bill 68 defines a “meeting” as follows: “meeting” means any regular, special or other meeting of a Council, of a local board or of a committee of either of them, where, (a) a quorum of members is present, and (b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the Council, local board or committee.
Meeting Management: Overview of Procedural By-law Section 238 of the Municipal Act, 2001 currently states as follows: Procedure by-laws respecting meetings (2) Every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Notice (2.1) The procedure by-law shall provide for public notice of meetings. - Each seat of the Committee Table has a copy of the Procedural By- law - The Procedural By-law sets the rules for Committee meeting - Highly recommended that the necessary time is taken to review and understand - Staff are working to draft a Committee of Adjustment Specific Procedural By-law
Meeting Management: Closed Meeting Section 239(2) of the Municipal Act, 2001 provides the following seven discretionary exceptions to the open meetings requirement: A meeting or part of a meeting may be closed to the public if the subject matter being considered is, (a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (g) a matter in respect of which a Committee, board, committee or other body may hold a closed meeting under another Act. (h) Information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them. (i) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons or organization. (j) A trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; (k) A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on, or to be carried on, by or on behalf of the municipality or local board.
Meeting Management: Closed Meeting • Before holding a meeting or part of a meeting that is to be closed to the public, the Committee that is holding the meeting shall state by resolution: • (a) the fact of the holding of a closed meeting; • (b) the general nature of the matter to be considered at the closed meeting; • Best Practice – to report out after closed session • Local Authority Services (LAS) – Township’s Closed Meeting Investigator but the Ontario Ombudsman’s Office is able to investigate Closed Meetings as well
Meeting Management: Closed Meeting “While [embracing technology] can certainly increase the accessibility of municipal government, Councillors [Committee members] should be wary of holding illegal meetings – that is, conducting Committee business or laying the groundwork for doing so – via email. Similarly, a series of phone calls, one-on-one meetings or even individual Councillors [Committee members] signing a document at different times…can also spark complaints and might constitute an “illegal” meeting.” 2014-2015 Open Meeting Law Enforcement Team Annual Report Ontario Ombudsman, (December 2015)
Meeting Management: Municipal Conflict of Interest Act DUTY OF MEMBER When present at meeting at which matter considered 5(1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the Committee or local board at which the matter is the subject of consideration, the member, Shall, prior to any consideration of the matter at the meeting, disclose a) the interest and the general nature thereof; Shall not take part in the discussion of, or vote on any question in b) respect of the matter; and Shall not attempt in any way whether before, during or after the c) meeting to influence the voting on any such question. Section 5(1) of the Municipal Conflict of Interest Act
Meeting Management: Rules of Debate & Decision Making continued 7.1 Quorum present As soon after the hour fixed for a meeting as a quorum is present, the meeting shall be called to order by the Chair. • Chair only votes in the event of a tie or recorded vote • 11.14 to 11.17 Recorded vote When a recorded vote is requested, such request must be made, prior to the Chair calling for the vote on the question or immediately following the vote prior to any matters being discussed or debated.
Human Resources: Remuneration & Reimbursement of Expenses Remuneration as of January 1, 2019: Meeting Honorarium: $95.00 (No additional Mileage is paid for site visits) Conferences, Seminars and Other Township Business: - for actual travel expenses - for basic registration fees - for overnight accommodations - for all reasonable out-of-pocket expenses where overnight accommodations are not necessary Travel to Training Events - rate per kilometer – currently $0.58 per km
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