Body: Council Type: Document Meeting: Committee Date: 2025 Collection: Agenda Attachments Municipality: Frontenac County
[View Document (PDF)](/docs/frontenac-county/Item Attachments/Agenda Item/2025/January/Staff Briefing: Jannette Amini, Manager of Legislative Services/Clerk, will provide a briefing and presentation to the Committee/Clerks Briefing.pdf)
Document Text
Governance Review Committee January 7, 2025
Section 270 of the Municipal Act – Adoption of Policies
- Its sale and other disposition of land.
- Its hiring of employees. 2.1 The relationship between members of council and the officers and employees of the municipality.
- Its procurement of goods and services.
- The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given.
- The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.
- The delegation of its powers and duties.
- The manner in which the municipality will protect and enhance the tree canopy and natural vegetation in the municipality.
- Pregnancy leaves and parental leaves of members of council.
Procedural By-law • Subsection 238 (2) of The Municipal Act, 2001, provides that every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings. • There is little prescription in Section 238. • County of Frontenac Council’s Procedural By-law was enacted in 2022 following a comprehensive review in 2021-2022, including the Schedules for Council Advisory Committees and External Boards. It has been amended 26 times.
Policies related to MFIPPA Designation of head • Section 3(1) of MFIPPA states that Members of the council of a municipality may by bylaw designate from among themselves an individual or a committee of the council to act as • (3) States if no designation, it is Council • County’s Delegation of Authority By-law 2016-0006 designates the Warden as Head • Section 49(1) provides that the a head may in writing delegate a power or duty granted or vested in the head to an officer or officers of the institution. This is delegated to the Clerk Policies being reviewed in terms of MFIPPA Duty to Document Privacy Breach Privacy Impact Assessment Personal Information Bank
Why we are doing this governance review
Accountability – How did we get here Town of Collingwood – 2020 Judicial Inquiry Facts: Paul Bonwick, the brother of then-mayor Sandra Cooper earned more than $1M for his involvement in deals made by Collingwood City Council – almost half of what the town of about 22,000 paid in salaries in 2012 for its full-time staff. The two deals were: 1. Sale of a 50% share of the town’s electrical utility to PowerStream (now Alectra), despite the town receiving a much higher bid from another potential buyer. 2. Award a contract to expand recreational facilities to one builder without considering other bids. Collingwood’s response • • • • • • • • •
In 2017, the Town of Collingwood requested that staff investigate existing practices and explore new opportunities to enhance accountability and transparency initiatives and programs, and ensuring good governance. In response to Bill 68 (2017) to “modernize” the Municipal Act, the Town of Collingwood undertook an Accountability and Transparency review which resulted in a 2-part staff report: Part 1 and Part 2, which recommended: Live-streaming all Council and Standing Committee meetings Public database of recorded votes Enhanced community outreach Lobbyist registry In-house legal counsel Municipal Ombudsman Municipal Auditor General
The New World of Accountability, Transparency and Oversight Powers the Ombudsman have increased as a result of Bill 8 1.County’s Closed Meeting Investigator 2.Ability to conduct a systemic investigations
And the Ombudsman said Update and follow your policies for: • Formal complaints Process/Appeals • Document steps taken to resolve your complaints • Code of Conduct (Staff) • Code of Conduct (Council) • Complaints Process/Appeals –Create/Update • Integrity Officers –Review • Transparency & Accountability Policy • Delegation of Powers Policy/By-law • Records Management Policy • Procedure By-law Update (Closed Meetings)
Accountability and Transparency Municipal Act Section 2 – Purpose: Municipalities are created by the Province of Ontario to be responsible and accountable governments Section 11 – Broad Authority, to pass by-laws respecting Accountability and transparency of the municipality Section 23.1 – Delegation of Powers, the accountability of the delegate and the transparency of the delegate’s actions and decisions
Accountability and Transparency cont. Section 224 – 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; Section 270 – Adoption of Policies, The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public
Goals of the Committee (and Council)
Ensure the governance remains transparent and accountable; changes contribute to an efficient and effective decision-making process; governance structure and related processes are focused and aligned with identified County priorities. build upon Council’s existing governance structure and provide for the associated by-laws, policies and procedures required for Council and Committees of Council.
Committee of Council • Council appoints committees to examine and review topics or issues that impact citizens and make recommendations. • Committee members may contribute to the development of policies, programs, and initiatives that enhance the County’s quality of life. • Allows local citizens from various backgrounds to participate in municipal government. • County benefits from citizen volunteer’s expertise, enthusiasm, and civic pride.
Committees of Council Advisory Committees (comprised of Council members and citizen representatives)
• Planning and Economic Development Advisory Committee (Legislated) • Joint Frontenac Accessibility Advisory Committee (Legislated)
Council appointee Committees (comprised of Council members)
• Administrative Building Design Task Force (can now be disbanded) • Administration Committee • Governance Review Committee • Chief Administrative Officer Selection Committee (can now be disbanded)
Considerations Revised By-law/policies may include: simplified provisions, plain language, reduced prescription, facilitate faster decision-making, reflect legislative requirements, reflect findings and recommendations by the Ontario Ombudsman support accountability and transparency.
Next Steps/Process/Timeline •
• •
Policies/By-laws requiring comprehensive review What are critical elements that must be included Is there new legislation affecting a specific policy Extent or process of public consultation Use of EngageFrontenac Present final policies/by-law for Council’s consideration
Questions
