Body: Committee of the Whole Type: Agenda Meeting: Committee of the Whole Date: November 6, 2013 Collection: Council Agendas Municipality: Frontenac County

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Committee of the Whole – Regular Meeting November 6, 2013 – 9:00 a.m. The Frontenac Room, 2069 Battersea Road, Glenburnie, ON

AGENDA Page

  1. CALL TO ORDER
  2. ADOPTION OF AGENDA
  3. DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
  4. DEPUTATIONS AND/OR PRESENTATIONS
  5. CLOSED MEETING a) As Authorized under Section 239 (2) of The Municipal Act, to consider:

(d) Labour relations or employee negotiations

  1. REPORTS 3-12

a) 2013-165

Request for Proposals – County of Frontenac Strategic Plan (Referred from the September 18, 2013 County Council meeting) RESOLVED THAT the Council of the County of Frontenac receive the Request for Proposals – County of Frontenac Strategic Plan report for information; AND FURTHER THAT the Council of the County of Frontenac authorize the CAO/Clerk to issue a Request for Proposals for a Strategic Plan for the County of Frontenac, the terms of which have been authorized by Council. b) Consultant Briefing: Bruce Peever, KPMG, will brief the Committee of the

Whole on Report 2013-205, KPMG Report – Chief Administrative Officer Position Review

Page 1 of 41

Page 6. REPORTS 13-36

c) 2013-205

KPMG Report – Chief Administrative Officer Recruitment Strategy THAT the Committee of the Whole receive the Administrative Services – KPMG Report – Chief Administrative Recruitment Strategy report for information. AND FURTHER THAT the County of Frontenac retain the services of an executive search consultant to conduct the search for a new Chief Administrative Officer; AND FURTHER THAT the County of Frontenac retain the services of an external consultant to advise and manage the RFP for an executive search firm. [Addenda] 7. RISE AND REPORT 8. COMMUNICATIONS 37-41

a) Minutes of the Committee of the Whole Meeting held September 4, 2013

  1. NOTICE OF MOTION
  2. OTHER BUSINESS
  3. PUBLIC QUESTION PERIOD
  4. ADJOURNMENT

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AgendaItem#6a)

Report 2013-165 ADMINISTRATIVE REPORT To:

Warden and Council of the County of Frontenac

From:

Elizabeth Savill CAO

Prepared By:

Jannette Amini Deputy Clerk

Date Prepared:

August 21, 2013

Date of Meeting:

September 18, 2013

Re:

Administrative Services – Request for Proposals – County of Frontenac Strategic Plan

Recommendation RESOLVED THAT the Council of the County of Frontenac receive the Request for Proposals – County of Frontenac Strategic Plan report for information; AND FURTHER THAT the Council of the County of Frontenac authorize the CAO/Clerk to issue a Request for Proposals for a Strategic Plan for the County of Frontenac, the terms of which have been authorized by Council.

Background At the July 17, 2013 County Council meeting, County Council approved the follow motion which was adopted as part of the Report of the Committee of the Whole: Motion #: 319-13

Moved By: Seconded By:

Deputy Warden Clayton Councillor Davison

a) BE IT RESOLVED THAT Council undertake a Strategic Planning Session, driven and managed by Council, which would incorporate input from the Townships and the public, concurrent with the Service Delivery and Organization Review. CARRIED Administrative Report Administrative Services – Request for Proposals – County of Frontenac Strategic Plan September 18, 2013

2013-165 Request for Proposals –

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AgendaItem#6a)

Comment A draft Request for Proposals (RFP) for a Strategic Plan is attached as Exhibit A. As per the direction provided by County Council, the RFP does incorporate the requirement for input from the Townships and the public and sets a timeline that would be concurrent with the County’s current Service Delivery and Organization Review project.

Sustainability Implications As noted in Directions for our Future, government decision making processes need to be clear, transparent, forward thinking and focused on the longer term, all of which depend on a strong organizational structure. There is a clear direction for land use planning, economic development, physical, social and cultural infrastructure and investment in community capacity. A service and organizational review will ensure the successful delivery of these functions.

Financial Implications An amendment to the 2013 Budget, through By-law 2013-0029 passed July 17, 2013, allocated $50,000 to the 2013 budget for the provisions of a Strategic Plan.

Organizations, Departments and Individuals Consulted and/or Affected

Administrative Report Administrative Services – Request for Proposals – County of Frontenac Strategic Plan September 18, 2013

2013-165 Request for Proposals –

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AgendaItem#6a)

2069 Battersea Road Glenburnie, ON K0H 1S0 Tel. 613-548-9400 Fax 613-548-8460 Request for Proposals County Strategic Plan 1

Scope of the Request for Proposals (RFP)

The County of Frontenac (hereinafter the “County”) requires the services of a consultant to undertake a County Strategic Plan (hereinafter the “Project”). The Project would involve: (1) reviewing relevant strategic and key County documents; (2) leading Council members through a day-long strategic planning session supported by Senior Staff; (3) consulting with the Townships and the public; and (4) presenting a final report to Council by the end of the year. 2

Background Information

The County of Frontenac (“County”) is a rural upper tier municipality located in Eastern Ontario extending from the islands south of the City of Kingston to north of Highway 7. The total population of the County is approximately 26,655 with an area of 3,200 square kilometres, including the Townships of North Frontenac, Central Frontenac, South Frontenac, and Frontenac Islands. The population density ranges from 19 residents per square kilometre along the urban fringe of the City of Kingston to 1.7 residents per square kilometre in North Frontenac, which is more than 160 km north of the City. The northern part of the County is accessible via Highway 38 from Kingston or via Highway 7 from Ottawa or Peterborough. The southern part of the County has easy access to the 401 and is approximately 250 km from the City of Toronto. The County is also accessible via Highway 41 from the Trans-Canada Highway at Pembroke. The County manages the operations of Fairmount Home, Frontenac Paramedic Services and the Frontenac-Howe Islander Ferry. Others services it provides include land use planning, economic development, trail development, public health, libraries, etc. The latter two activities are delivered through KFL&A Public Health and the Kingston Frontenac Public Library respectively. The County also has the responsibility to liaise and work with the City of Kingston for the provision of Social Services, Social Housing, Child Care and Provincial Offences in the County. The County employs approximately 400 people under three different union contracts. The County is governed by an 8-member Council with the Warden being the head of Council. The Council has undertaken several strategic planning exercises since its restructuring in 1998. The first document Strategic Directions to 2003 is dated October 25, 2000. A second exercise was undertaken through 2005 which included a gathering of all of the municipal councillors and senior staff over two days to consider how best to position themselves for the future. The resulting reports: Frontenac County Strategic Planning 2005 followed by Frontenac County Municipalities Strategic Positioning 2005 Summary Report and Frontenac County Municipalities Opportunities for Co-operation and Collaboration were produced with a 5-year timeframe. Staff picked up the challenge, and the County and Townships’ senior staff met in February 2006 resulting in A Framework for Frontenac Development. At the same time, Strategic Plan 20062008 for the County of Frontenac Corporate Offices was completed in February 2006. All internal parts of the organization have undertaken strategic planning activities also. Most recently, County Council established Priorities in February 2011, immediately following the 2010 municipal election. It also adopted Mission and Vision Statements in 2013. County of Frontenac – RFP for a County Strategic Plan Closes: Wednesday, October 9, 2013 at 3:00 p.m.

2013-165 Request for Proposals –

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AgendaItem#6a)

Other significant planning activities have taken place and continue in Frontenac. Beginning in 2005, the County began its Integrated Community Sustainability Planning process culminating with the approval of a community plan in 2009, Directions for Our Future, which engaged community members extensively. Its companion document, Sustainable Actions, is an annually produced report detailing the community’s sustainability priorities. The County is also developing a County Official Plan which currently at the draft stage and receiving public comment. Other planning studies include (but are not limited to): an initial Homelessness Study; a Housing Strategy completed in 2011 with the City of Kingston (CMSM); a Seniors Housing Study which is nearing completion; and a further homelessness project is just now commencing with the City. Another important report entitled Population, Housing and Employment Projections for the Frontenacs was also produced in 2011. In addition, a Trails Master Plan was completed in September 2009. Finally, the County has been an active member of the Eastern Ontario Wardens Caucus since its inception. A number of reports have been published over the years, the most recent of which is Facing Our Fiscal Challenges – A Report on the Financial Sustainability of Local Government in Eastern Ontario. 3

Scope of the Proposal

The Project shall be delivered in a series of reports: 3.1

Background Research

The consultant should comprehensively review the background information identified above as a minimum to ensure an understanding of the community. In addition, an overall appreciation of the provincial and global influences impacting municipalities should be shared. Information should be solicited from participants of the planning session, both elected and appointed, beforehand. All of these findings should be summarized for use at the Planning Session. 3.2

Planning Session

The consultant will conduct a day-long strategic planning session anticipating outcomes to include: confirmation of the mission and vision statements, values, goals, objectives, and reporting/monitoring considerations. 3.3

Consultation

The County expects consultation with the Townships’ Councils and to have one or more public meetings held across the County to gain input from the community prior to the completion of the draft report. 3.4

Deliverables

Based on the work detailed in this document, the consultant will produce the following reports: • • • 3.5

Background Report Draft County Strategic Plan 2014-2018 Final County Strategic Plan 2014-2018 Timing

The Project would commence immediately. The Project would be complete by December 18, 2013. County of Frontenac – RFP for a County Strategic Plan Closes: Wednesday, October 9, 2013 at 3:00 p.m.

2013-165 Request for Proposals –

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AgendaItem#6a)

4

Requirements

4.1

Proposal Content Requirements

The County is seeking proposals from proponents who are both interested in and capable of undertaking the Project. The onus is on the proponent to demonstrate its knowledge, understanding and capacity to conduct the Project. The detail and clarity of the written submission will be indicative of the proponent’s expertise and competence. The proponent shall provide the following information: 4.2

Proponent Information

The proponent shall provide the following information: a) Name, mailing address, phone number, fax number, e-mail address of the organization submitting the proposal b) A proposed organizational chart c) The name and title of the contact person for the organization d) The number of years in operation e) A description of the services to be provided f) A list of any sub-contractors required to complete the Project, detailing the extent of their involvement and the information identified in a) to e) above for each 4.3

Acknowledgment of Addenda

The proponent shall complete and submit all addenda that have been issued. 4.4

Project Understanding

The proponent shall include a narrative that demonstrates their understanding of the requirements of this RFP. 4.5

Approach/Methodology

The proponent shall provide a detailed approach/methodology of how they would provide services to the County. 4.6

Work Plan

The proponent shall provide a proposed work plan with associated schedules to meet the requirements of the RFP. Included shall be a time/task matrix indicating personnel and hours required to complete key components of the work plan. 4.7

Applicable Expertise and Resources

The proponent shall provide a description of the expertise being offered to complete the Project by outlining both formal and informal training that can be used to implement this Project with specific reference to: • • •

Extensive experience in strategic planning Experience in working on projects with municipal council members Experience in effectively facilitating meetings

County of Frontenac – RFP for a County Strategic Plan Closes: Wednesday, October 9, 2013 at 3:00 p.m.

2013-165 Request for Proposals –

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AgendaItem#6a)

• • 4.8

Understanding of the context of the County of Frontenac, its local Townships, and the nature of communities found within the County Demonstrated project management skills and results orientation Project Experience

The proponent shall provide examples of recent projects, which are similar in nature and size. 4.9

Project Management and Staff

The proponent shall identify its project manager and all other staff who would be working on the Project through an organizational chart. The proponent shall append curriculum vitae for project team staff. 4.10

Project References

Provide a list of references (preferably three), who may be contacted, complete with telephone numbers and e-mail addresses. 4.11

Budget

A budget summary shall be provided and shall include all costs associated with the project including an estimate for expenses/disbursements. The budget shall include a maximum amount that cannot be exceeded. The successful candidate will be asked to sign a Maximum Upset Limit type contract and will report to the County of Frontenac on a monthly basis to advise on expenditures to date. Hourly charge rates for individuals, which shall apply for the duration of the contract, must be provided as part of the Budget proposal. 4.12

Other Documentation

The following additional pieces of documentation shall be submitted at the time of submission of the prose proposal: a) A valid and current certificate of clearance from the WSIB b) Proof of insurance 4.13

County Support

The County will provide support to the successful consultant in the follow forms: • • •

General guidance and direction throughout the completion of the assignment The provision of background studies, policies and reports relevant to the completion of the assignment Access to the County’s digital mapping if desired

5.0

Proposal Process

5.1

Timeline

The proposed schedule for preparation, receipt, and review of proposals and selection of the successful consultant is anticipated to be as follows: Request for Proposals Issued Closing Date and Time for Receipt of Proposals Interviews of Short Listed Consultants County of Frontenac – RFP for a County Strategic Plan Closes: Wednesday, October 9, 2013 at 3:00 p.m.

2013-165 Request for Proposals –

September 21, 2013 3:00 p.m. on October 9, 2013 October 17, 2013 Page 4 of 8

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AgendaItem#6a)

Award of the Assignment Completion of Work

October 30, 2013 December 18, 2013

Although every attempt will be made to meet all dates, the County reserves the right to modify any and/or all dates at its sole discretion 5.2

Date and Place for Receiving Proposals

a) Proposals will be received until 3:00 pm local time on Wednesday, October 9, 2013 Documents can be sent by email in PDF FORMAT to the attention of Susan Brant, Deputy Treasurer, at ap@frontenaccounty.ca. It is the responsibility of the proponent to ensure that the email has been received by Ms. Brant before the closing time and date. The County server does restrict the receipt of attachments exceeding 5.5Mb. Note that proposals received after 3:00 p.m. local time on Wednesday, October 9, 2013 will be returned unopened. b) Proposals must be addressed to: County of Frontenac Attention: Susan Brant, Deputy Treasurer 2069 Battersea Road Glenburnie ON K0H 1S0 The envelope containing the proposal must be clearly marked: Request for Proposal – County Strategic Planning Project c) Before being officially received, the proposal envelope will be marked by the Office of the County Clerk, with the time and the date that the envelope was received in the office. d) All proposal submissions are appreciated. However, the County will be contacting only those selected for an interview/presentation. 5.3

Documentation

a) One (1) copy of the proposal is required b) All proposals must be legible and typewritten 5.4

Interview /Presentation

It is anticipated that an interview will be necessary to assist in the evaluation process. Shortlisted proponents will be advised and may be required to attend an interview on Thursday, October 17, 2013. Please ensure your firm is available on October 17, 2013 for a possible interview. It can be conducted remotely. 5.5

Negotiations

The County retains the right to negotiate the scope, work plan, payment schedule and fees of the preferred proponent prior to award and execution of the contract. 5.6

Communications

County of Frontenac – RFP for a County Strategic Plan Closes: Wednesday, October 9, 2013 at 3:00 p.m.

2013-165 Request for Proposals –

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AgendaItem#6a)

All requests for information and/or clarification as well as questions regarding the interpretation of the terms set out in this document should be referred to Susan Brant, Deputy Treasurer, at ap@frontenaccounty.ca. The County reserves the right to distribute any or all questions and answers to the other proponents. 5.7

Withdrawal or Substitution of Submission

A proponent may withdraw or substitute all or part of his/her proposal at any time up to the official closing time by submitting a letter bearing the signature as in the proposal to Angelique Tamblyn, Executive Assistant, who will mark thereon the time and date of receipt. No telegrams or telephone calls or telephone transmissions by facsimile copies will be considered. The last proposal received shall supersede and invalidate all proposals previously submitted by that proponent for this proposal. 5.8

Alterations or Variations

No alterations or variations of this document shall be valid or binding upon the County unless authorized in writing in accordance with the procedure set out above in Communications 5.6. 5.9

Oral Explanation or Interpretation

No oral explanation or interpretation shall modify any of the documents or provisions of the County’s request for proposal documents. 6

Proposal Evaluation

6.1

Qualification evaluations

Proposals will be evaluated based on the following criteria: 1. 2. 3. 4. Total:

Applicable expertise and resources Similar project experience Proposed approach/work plan Cost factor

20% 30% 40% 10% 100%

Proposals will be evaluated on the basis of all information provided by the proponent(s). Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the RFP. Failure to comply with these requirements may deem the proposal non-responsive. The County reserves the right to accept or reject any or all proposals, for any reason whatsoever, and to accept or reject any proposal, if considered best for the interests of the County. The lowest bid or any proposal will not necessarily be accepted. 6.2

Contract

The successful Proponent(s) will be required to enter into a formal Contract with the County. The completed Request for Proposal will form part of the Agreement. The County will prepare the Contract document for execution by both parties. The County will not accept a Contract document prepared by the Proponent(s) or a third party. During the term of the Contract, the successful proponent(s) shall maintain in full force and effect, professional liability insurance with a minimum limit of $2,000,000 and shall provide the County with proof of insurance. Proof of WSIB coverage and a valid and up to date Clearance County of Frontenac – RFP for a County Strategic Plan Closes: Wednesday, October 9, 2013 at 3:00 p.m.

2013-165 Request for Proposals –

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AgendaItem#6a)

Certificate must also be provided to the County. The Clearance Certificate must be kept up to date for the balance of the Contract. Failure to execute the contract and to file all documentation, as required herein, within the specified time period shall be just cause for the cancellation of the contract. The County shall then have the right to award the Contract to any other proponent or re-issue the Request for Proposals. 7

General Conditions

7.1

Confidentiality

The Proposal must not be restricted by any statement, covering letter or alteration by the Proponent(s) in respect of confidential or proprietary information. The County will treat all quotes as confidential. The County will comply with the Municipal Freedom of Information and Protection of Privacy Act, and its retention by-law pursuant to the Municipal Act, in respect of all quotes. 7.2

Errors and Omissions

The County shall not be held liable for any errors or omissions in any part of this Request for Proposals. While the County has used considerable effort to ensure an accurate representation of information in this Tender, the information contained in the Tender is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the County, nor is it necessarily comprehensive or exhaustive. 7.3

Acceptance of Tenders

The County is not obliged to accept the lowest or any tender. 7.4

Cancellation of Tenders

The County reserves the right to cancel this bid document at any time up to the award of the contract 7.5

Laws, Notices, Permits and Fees

All Proponents and proposals must comply with any law, including all legislation and regulations, which may be applicable to the services provided subsequent to the RFP. Please be advised that a condition of the agreement will be a requirement that the successful proponent comply with the applicable laws of Ontario and Canada, including the: Occupational Health and Safety Act (Ontario) Ontario Human Rights Code Pay Equity Act (Ontario) Any agreement that results from this RFP will be subject to the laws of the Province of Ontario and Canada. 7.6

Indemnification

The successful Proponent(s) agrees to indemnify and save harmless the County from and against all actions, claims, and demands of any nature which may be made by any person or entity arising from or in connection with the services provided including all bodily injury, death, property damage, losses, charges, costs and expenses which the County, its employees, County of Frontenac – RFP for a County Strategic Plan Closes: Wednesday, October 9, 2013 at 3:00 p.m.

2013-165 Request for Proposals –

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AgendaItem#6a)

officers or agents may incur or be liable for in consequence of any such claims, demands or actions or in consequence of damages sustained to the County property or facilities. 7.7

Payment

Payment for work completed shall be invoiced on a monthly basis, with supporting documentation or invoices to the satisfaction of the County. 7.8

Incurred Costs

The County shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent(s) prior or subsequent to or by reason of the acceptance or non-acceptance by the County of any proposal by reason of any delay in the acceptance of a proposal.

County of Frontenac – RFP for a County Strategic Plan Closes: Wednesday, October 9, 2013 at 3:00 p.m.

2013-165 Request for Proposals –

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AgendaItem#6c)

Report 2013-205 ADMINISTRATIVE REPORT To:

Warden and Council Members of the County of Frontenac

From:

Marian VanBruinessen, Treasurer

Date prepared:

November 1, 2013

Date of meeting:

November 6, 2013

Re:

Administrative Services – KPMG Report – Chief Administrative Recruitment Strategy

KPMG Recommendation THAT the Committee of the Whole receive the Administrative Services – KPMG Report – Chief Administrative Recruitment Strategy report for information. AND FURTHER THAT the County of Frontenac retain the services of an executive search consultant to conduct the search for a new Chief Administrative Officer; AND FURTHER THAT the County of Frontenac retain the services of an external consultant to advise and manage the RFP for an executive search firm.

Staff Recommendation AND FURTHER THAT should Council accept the KPMG recommendation that an external consultant be engaged to conduct the search for the CAO, and should Council accept the KPMG recommendation that an external consulting firm be contracted to advise and manage the RFP for the executive search firm, that KPMG be requested to take on the latter role and bring forward the terms of reference for the executive search firm to the November 20th Council meeting at a cost no greater than $7,000.

Background With the resignation of Elizabeth Savill, CAO/Clerk effective November 18, 2013, staff brought forward a report to the October 16, 2013 County Council meeting with respect to the replacement and recruitment of the CAO/Clerk position. At that meeting, County Council adopted the following resolution: Administrative Report Administrative Services – KPMG Report – Chief Administrative Officer Recruitment Strategy November 6, 2013

2013-205 KPMG Report – Chief

Page 1 of 3

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AgendaItem#6c)

Motion #: 389-13

Moved By: Seconded By:

Councillor Jones Councillor Doyle

RESOLVED THAT the Council of the County of Frontenac receive the Human Resources –CAO/Clerk Recruitment Process report for information; AND FURTHER THAT KPMG be requested to provide preliminary recommendations regarding the CAO/Clerk position in its interim report to County Council in November; AND FURTHER THAT the commencement of the recruitment process of a CAO/Clerk position be deferred to the November County Council meeting pending interim recommendations from KPMG; AND FURTHER THAT Marian VanBruinessen be appointed as Acting Chief Administrative Officer, at a salary increase of ten percent (10%) applied to her current rate of pay, until such time as a candidate for the CAO/Clerk position is appointed by the County; AND FURTHER THAT Jannette Amini be appointed as Acting Clerk at a salary increase of up to ten percent (10%) applied to her current rate of pay, until such time as a candidate for the CAO/Clerk position is appointed by the County; AND FURTHER THAT Angelique Tamblyn be appointed as Acting Deputy Clerk until such time as a candidate for the CAO/Clerk position is appointed by the County. AND FINALLY THAT a by-law be introduced later in the meeting reflecting the above noted appointments. CARRIED

Comment The SDOR Project Manager and staff met with KPMG on October 16, 2013 to discuss the request by County Council for KPMG to provide preliminary recommendations regarding the CAO/Clerk position in its interim report to County Council in November. KPMG did advise that it would be possible for KPMG to prepare a smaller report that deals specifically with the CAO position for the November 6th Committee of the Whole meeting of County Council. The KPMG report of the Chief Administrative Officer Recruitment Strategy is attached to this report as Appendix A. The first recommendations contained in this report were provided to staff by KPMG for County Council’s consideration. As KPMG is currently undertaking the Service and Organizational review and is very familiar with the County and its operations, staff would recommend that in the interest of facilitating the process expeditiously, that KPMG be requested to accept the task of advising and managing the RFP process for the external consultant and bring forward the terms for the executive search firm to the November 20th Council meeting. Administrative Report Administrative Services – KPMG Report – Chief Administrative Officer Recruitment Strategy November 6, 2013

2013-205 KPMG Report – Chief

Page 2 of 3

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AgendaItem#6c)

Sustainability Implications As noted in Directions for our Future, Government decision-making processes are clear, transparent, forward thinking and focused on the longer term. Hiring an Executive Search Firm with specialized experience in the municipal field and a demonstrated pattern of success with recruitments at the senior management level will prove the most effective process to ensure positive results are achieved.

Financial Implications The financial implications of KPMG’s recommendations are estimated as follows:

  1. The cost of an external consultant to advise and manage the RFP for an executive search firm is estimated at $7,000. There are sufficient funds in the 2013 budget for the Service Delivery and Organizational Review to cover this cost.
  2. The cost of an executive search firm is estimated at $40,000.

Organizations, Departments and Individuals Consulted and/or Affected

Attachments Appendix A – KPMG Report – Chief Administrative Officer Position Review

Administrative Report Administrative Services – KPMG Report – Chief Administrative Officer Recruitment Strategy November 6, 2013

2013-205 KPMG Report – Chief

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2013-205 KPMG Report – Chief

CAO R Recruitment it t Strategy

AgendaItem#6c)

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2013-205 KPMG Report – Chief

CAO Recruitment Strategy Advantages/Disadvantages of a Search Consultant

Advantages of a Search Consultant Confidentiality The best potential CAO candidates will likely be currently employed and not keen on having their current employer know they are seeking another job. As well, internal candidates may not come forward if they think their names will be known if they are unsuccessful. f l Objectivity Professional search consultants are trained to make objective judgments about possible candidates and to advise the client accordingly. They are experienced interviewers and can recognise from an unemotional stance, the merits or faults of a particular candidate. Search Capability The County will find high quality candidates from a variety of sources. Some will come from advertising, but the majority of candidates will surface from a targeted search campaign. It is difficult for the municipality to conduct search activity on its own behalf given the regulatory environment within which municipalities operate. References Checking a candidate’s reference is one of the most important parts of the selection process. People’s opinions of other people’s characteristics, h i i ability bili and d potential i l can b be biased, bi d personally ll prejudiced j di d or so non-committal i l as to b be useless l iin the h evaluation. l i Experienced consultants have prepared reference checklists and structured questions designed to ensure the maximum amount of information is elicited in the shortest possible time.

Disadvantages of a Search Consultant Familiarity with Municipal Environment

Cost The cost of a search consultant is an additional cost to the municipality. As a general rule, search consultants cost approximately 20% - 25% of the position’s annual salary plus expenses.

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

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AgendaItem#6c)

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There are a limited number of search consultants familiar with the municipal environment. It is important that any search consultant retained by the County have the necessary experience with municipal CAO searches.

2013-205 KPMG Report – Chief

Search Consultant Appointment Process

It is important that the administrative background work is

Council resolution to use search firm

completed before

•November 20, 2013 Regular Council Meeting

Christmas to allow the selected search firm to begin its work immediately following the holidays.

Draft RFP •Advertise in appropriate media •Directly distribute to known municipal search firms

Release RFP •Two week turnaround •Approximate close of December 5th

Review Responses Price Municipal Expertise & Track Record

Select Search Firm

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

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AgendaItem#6c)

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Appointment at December 2013 Regular Council Meeting Sign contract next day to authorize start of search

2013-205 KPMG Report – Chief

CAO Recruitment Strategy

CAO Recruitment Phases

March

Jan ar January

February

December

Project Initiation

  1. Contract 1 C t ta search consultant to conduct a search for a new CAO

Position Profile Development 2. C 2 Collect ll t relevant information on the current organization and finalize key skills and competencies

The Search

First Interviews

  1. Develop and interview a short list of candidates

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

Final Interviews

  1. E 5 Establish t bli h th the final 2-3 candidates for consideration and conduct interviews; hold an informal f social meeting with the preferred candidate

Offer & Close

  1. Develop 6 D l and d present an offer to the preferred candidate; close the employment offer

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AgendaItem#6c)

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  1. Active 3 A ti search is conducted employing an agreed to advertising plan and networking effort

April

2013-205 KPMG Report – Chief

CAO Recruitment Strategy Proposed CAO Recruitment Plan – 1. Project Initiation

Overview

Activities

• It is recommended that the Recruitment Plan can best be accomplished through the retaining of an outside consultant

• Determine whether a search consultant should be retained or the search conducted internally • Meet with Warden & Council to confirm objectives and requirements, as well as overall governance for the assignment • Gather/identify available pertinent background information

• Meet with Warden and Council to clarify expectations, understand client needs, and sign off on an engagement letter

  1. Project Initiation

  2. Position Profile Development

  3. The Search

Deliverables

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

  1. Final Interviews

  2. Offer & Close

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AgendaItem#6c)

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  1. First Interviews

• Signed engagement letter with an external search consultant • Weekly Project Status Updates • Meeting schedule for the project

2013-205 KPMG Report – Chief

Proposed CAO Recruitment Plan– 2. Position Profile Development

Overview

Activities

Deliverables

• This is the stage at which key qualifications and attributes are identified, which are later employed as the criteria for evaluating candidates

• Gather and review available pertinent background information utilizing the position profile provided by KPMG • Meet with the Warden and each member of Council and SMT to elicit their input as to the future requirements of the CAO position • Recommend a strategy for advertising and for direct contact with key potential candidates, and confirm the time schedule developed by KPMG

• Individual interviews with Council and the Department Heads • Approved Position Profile & Summary • Advertising strategy and time schedule for recruitment

  1. Project Initiation

  2. Position Profile Development

  3. The Search

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  1. Final Interviews

  2. Offer & Close

16

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  1. First Interviews

2013-205 KPMG Report – Chief

Proposed CAO Recruitment Plan– 3. The Search

Overview

Activities

• This phase is the stage where the active candidate search is conducted

  1. Project Initiation

Deliverables

• Draft and place the advertisements in agreed upon media • Contact potential candidates that have the appropriate background and knowledge to test their interest and knowledge of other potential candidates • Receive queries and applications • Short list a group to be recommended for interviews • Maintain absolute confidentiality

  1. Position Profile Development

  2. The Search

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  1. Final Interviews

  2. Offer & Close

17

AgendaItem#6c)

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  1. First Interviews

• Advertisements placed in agreed media • Administration of interested queries and applications • Short list recommended for interviews • Absolute confidentiality

2013-205 KPMG Report – Chief

Proposed CAO Recruitment Plan– 4. First Interviews

Overview

Activities

• In this phase the candidates are shortlisted and the interviews prepared • It is also the stage where the first high level interviews are conducted

  1. Project Initiation

Deliverables

• Meet with Council to review all the applications and outline why short list candidates are recommended for interviews and why others are not • Add to the short list any candidates that elected officials believe should be interviewed • Develop the interview schedule and prepare standard interview guide for Council • Chair the interviews for consistency • Review the candidates performance with Council and recommend a second interview group of 2 -3 candidates

  1. Position Profile Development

  2. The Search

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  1. Final Interviews

  2. Offer & Close

18

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  1. First Interviews

• Meeting with Council to short list • Short list of candidates to interview • Interview schedule and questions • Review and recommendation on a second interview group • Absolute Ab l t confidentiality fid ti lit

2013-205 KPMG Report – Chief

Proposed CAO Recruitment Plan– 5. Final Interviews

Overview

Activities

• In this phase the final candidates are interviewed and references checked

  1. Project Initiation

Deliverables

• Develop the interview schedule and prepare a second interview guide for Council • Chair the interviews for consistency • Review the candidates performance with Council • Check references on the final two candidates

  1. Position Profile Development

  2. The Search

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  1. Final Interviews

  2. Offer & Close

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AgendaItem#6c)

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  1. First Interviews

• Second interview schedule and guide • Summary of findings from the references • Absolute confidentiality

2013-205 KPMG Report – Chief

Proposed CAO Recruitment Plan– 6. Offer & Close

Overview

Activities

• In this phase an offer is presented and negotiated with the preferred candidate • It is also the phase where the timing becomes more urgent. Once Council has determined a preferred candidate the deal should be swiftly negotiated and closed

• Negotiate an employment agreement with the preferred candidate and present it to Council for consideration • Discuss and sign off on the employment agreement • The agreement should include such items as compensation, moving expenses, start date, holidays, probationary period, education allowance and performance evaluation process

  1. Project Initiation

  2. Position Profile Development

  3. The Search

Deliverables

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

  1. Final Interviews

  2. Offer & Close

20

AgendaItem#6c)

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  1. First Interviews

• Draft employment agreement • Signed employment agreement with the preferred candidate • Absolute confidentiality

2013-205 KPMG Report – Chief

CAO Position P iti Description

AgendaItem#6c)

Page 26 of 41

2013-205 KPMG Report – Chief

Job Description

Draft CAO Appointment Bylaw

The CAO job description

THE CORPORATION OF THE COUNTY OF FRONTENAC

can be documented in a

BY-LAW NO. 00-14

similar manner to other

A BY-LAW TO PROVIDE FOR THE APPOINTED

job descriptions in the

OFFICE OF CHIEF ADMINISTRATIVE OFFICER

organization or it can be

AND THE DUTIES AND RESPONSIBILITIES

detailed in an appointing

ASSOCIATED THEREWITH

bylaw. For reasons of transparency and accountability, we

WHEREAS Section 229 of the Municipal Act, R.S.0 2001, c. M.25, as amended, provides that the Council may by by-law appoint a Chief Administrative Officer, who,

suggest that the job

(a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and

description for the most

(b) performing such other duties as are assigned by the municipality. 2001, c. 25, s. 229.

senior position in the organization be documented as part of an

AND WHEREAS, it is deemed desirable that the County of Frontenac deems it necessary and expedient to appoint a Chief Administrative Officer. THEREFORE, the Municipal Council of The Corporation of the County of Frontenac enacts as follows:

appointing bylaw. SHORT TITLE - CAO BY-LAW

PART 1 - CHIEF ADMINISTRATIVE OFFICER 1 . Office - established

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The appointed office of Chief Administrative Officer is hereby established

2013-205 KPMG Report – Chief

Job Description

Draft CAO Appointment Bylaw

PART 2 - GENERAL PROVISIONS 2.1 Head - Civic Administration - accountability The Chief Administrative Officer shall: ((a)) be the head of the Civic Administration of the Municipal p Corporation p (b) be directly responsible and accountable to the Council and shall exercise the powers and perform the duties which, from time to time, are lawfully assigned to or vested in the position by the Council.

2.2 Council - powers - encroachment - not authorized Nothing in this by-law by law authorizes or empowers the Chief Administrative Officer to exercise or encroach upon the authorities or powers of the Warden as Chief Executive Officer of the Municipal Corporation or the Council or upon the statutory duties of appointed officers of the Municipal Corporation.

PART 3 - DUTIES - RESPONSlBlLlTIES 3.1 Duties - responsibilities - set out Without restricting the generality of Section 2.1 of this by-law, the duties and responsibilities of the Chief Administrative Officer shall be as set out in Sections 3.2 to 3.17 of this by-law.

3.2 Administration - business affairs - Senior Management

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

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The Chief Administrative Officer shall administer the business affairs of the Municipal Corporation and to that end leads and direct the members of Senior Management in carrying out the responsibilities of the municipality, in accordance with the policies and plans approved and established by the Council.

2013-205 KPMG Report – Chief

Job Description

Draft CAO Appointment Bylaw

3.3 Authority - direction - all employees - exception The Chief Administrative Officer shall have authority over and direction of all County employees except those appointed as public officials under statute to the extent only of their statutory duties and responsibilities to public officials.

3.4 Appointed officials - statutory duties - ensured The Chief Administrative Officer shall ensure that appointed officials with statutory duties in respect of the Municipal Corporation carry out those duties in a proper manner.

3.5 Strategic Plan The Chief Administrative Officer shall assist the Council in the development of a strategic plan for the County.

3.6 Policies - programs - implementation - reports The Chief Administrative Officer shall direct the formulation of corporate policies and programs and shall ensure that information and reports that are requested by the Council or that, in the Chief Administrative Officer’s opinion, could be of assistance to the Council are obtained bt i d or prepared d and d submitted b itt d to t the th C Council, il such h reports, t where h appropriate, i t tto provide id a recommended d d course off action ti and to identify suitable alternatives.

3.7 Effectiveness - efficiency - improvement - structure The Chief Administrative Officer shall review regularly with members of Senior Management collectively or the affected member of Senior Management individually, as the case may be, the municipality’s municipality s organization and departmental structure and implement any changes that would, in the Chief Administrative Officer’s opinion, improve the effectiveness or the efficiency of the structure.

The Chief Administrative Officer shall co-ordinate and direct, where appropriate, the compilation, consideration, preparation and presentation of recommendations to the Council for its adoption, and shall propose by-laws and resolutions to give effect to such recommendations d i as are adopted d db by the h C Council. il

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

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3.8 Recommendations - advice - presentation - assistance

2013-205 KPMG Report – Chief

Job Description

Draft CAO Appointment Bylaw

3.9 Report - to Council - regularly - various projects The Chief Administrative Officer shall direct the presentation, at regular intervals, to the Council, of reports with respect to finances and works projects, indicating the progress in terms of the programs of the Council and any matter that, in the Chief Administrative Officer’s opinion, should be reported to Council.

3.1 0 Financial control - direction - estimates - budgets The Chief Administrative Officer shall direct the exercise of a general financial control of all Municipal Departments, and direct the presentation to the Council of the annual estimates of revenues and expenditures and the capital budget and the subsequent administration and control of the municipality’s affairs according to the estimates and the budget, as approved by the Council.

3.1 1 Employees - advice - to Council The Chief Administrative Officer shall recommend to Council the terms of employment, the appointment or dismissal of the Heads of Departments, consistent with any applicable Council policy. The Chief Administrative Officer shall have the authority to suspend the Heads of Departments as required.

3.1 2 Heads of Departments - co-ordination - limitation The Chief Administrative Officer shall, within the terms of collective bargaining agreements and the human resources policies of the Council, oversee and authorize the exercise by the Heads of Departments of their responsibilities in the appointment, employment, suspension or dismissal of employees.

3 13 C 3.13 Collective ll ti b bargaining i i - co-ordination di ti - direction di ti

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

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AgendaItem#6c)

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The Chief Administrative Officer shall co-ordinate and direct collective bargaining with all employees and recommend to the Council agreements concerning wages, salaries, fringe benefits and working conditions; and upon approval by Council, direct the administration of such agreements.

2013-205 KPMG Report – Chief

Job Description

Draft CAO Appointment Bylaw

3.14 Meetings - Council - attendance The Chief Administrative Officer (or a designate of the Chief Administrative Officer) shall attend all Council meetings (and Standing or Advisory Committee meetings if required) with the right to speak, when recognized by the Warden or presiding officer.

3.15 Liaison - boards - agencies - other governments The Chief Administrative Officer shall be responsible for administrative liaison with the local boards, commissions, agencies, other municipalities, and the provincial and federal governments.

3.16 Corporate representative - documents and meetings The Chief Administrative Officer shall have the right to represent and speak on behalf of the Corporation in documents and meetings, in a manner consistent with the direction of Council.

3.17 Acting Chief Administrative Officer - designated by Chief Administrative Officer The Chief Administrative Officer shall have authority to designate a member of Senior Management to act on the Chief Administrative Offi ’ b Officer’s behalf h lf d during i any absence b off th the Chi Chieff Ad Administrative i i t ti Offi Officer d due tto ill illness. vacation ti or otherwise. th i

26

AgendaItem#6c)

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2013-205 KPMG Report – Chief

Job Description

Draft CAO Appointment Bylaw

PART 4 - SENIOR MANAGEMENT TEAM 4.1 Meetings - regularly - purpose The Chief Administrative Officer shall meet regularly and collectively with the members of Senior Management and such other appointed officials as the Chief Administrative Officer may determine for the purpose of: (a) advising and assisting the Chief Administrative Officer in carrying out the Chief Administrative Officer’s duties and responsibilities. (b) ensuring representation from each operational and support service department concerning the effects or implications on it of corporate or departmental matters; and (c) achieving efficient and effective co-operation and co-ordination of all departments of the Municipal Administration.

PART 5 - APPOINTMENT 5.1 That

is hereby appointed as Chief Administrative Officer for the Corporation of the County of Frontenac.

5.2 That such appointment be confirmed through the execution of employment agreement attached hereto as Schedule “A.

PART 6 - REPEAL - ENACTMENT 6.1 By-law - previous That By-law No., passed the th day of , is hereby repealed.

6.2 Effective Date This by-law comes into force on the day it is passed.

BY-LAW read a SECOND time this 5th day of April, 2014. BY-LAW read a THIRD time and FINALLY PASSED this 5th day of April, 2014.

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

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AgendaItem#6c)

Page 32 of 41

BY-LAW read a FIRST time this 5th day of April, 2014.

2013-205 KPMG Report – Chief

R Recommendations d ti

AgendaItem#6c)

Page 33 of 41

2013-205 KPMG Report – Chief

Recommendations

y of Frontenac retain the services of an executive search consultant to conduct the search for a new That the County Chief Administrative Officer; and,

That the County of Frontenac retain the services of an external consultant to advise and manage the RFP for an executive search firm.

29

AgendaItem#6c)

Page 34 of 41 © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

2013-205 KPMG Report – Chief

Disclaimer

This report is based on information and documentation that was made available to KPMG at the date of this report. KPMG has not audited nor otherwise attempted to independently verify the information provided unless otherwise indicated. Should additional information be provided to KPMG after the issuance of this report, KPMG reserves the right (but will be under no obligation) to review this information and adjust its comments accordingly. Pursuant to the terms of our engagement, it is understood and agreed that all decisions in connection with the implementation of advice and recommendations as provided by KPMG during the course of this engagement shall be the responsibility of, and made by, the County of Frontenac. KPMG has not and will not perform management functions or make management decisions for the County of Frontenac. The determination of the high level organizational structure and the detail design of the organization is the responsibility of the County of Frontenac management. This report may make reference to future oriented financial information. Readers are cautioned that since these financial projections are based on assumptions regarding future events, actual results will vary from the information presented even if the hypotheses occur and the variations may be material occur, material. Comments in this report are not intended, nor should they be interpreted, to be legal advice or opinion. KPMG has no present or contemplated interest in the County of Frontenac nor are we an insider or associate of the County of Frontenac or its management team. Our fees for this engagement are not contingent upon our findings or any other event. Accordingly, we believe we are independent of the County of Frontenac and are acting objectively.

30

AgendaItem#6c)

Page 35 of 41 © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

2013-205 KPMG Report – Chief KPMG CONFIDENTIAL The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International.

AgendaItem#6c)

Page 36 of 41

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

AgendaItem#8a)

MINUTES OF THE MEETING M O THE CO OF OMMITTEE OF THE WHOLE W September 4, 20 013 A meetin ng of the Committee of o the Whole e was held in the Fron ntenac Room of the County Administrat A tive Office, 2069 Batte ersea Road, Glenburnie on Wedn nesday, Septemb ber 4, 2013 3 at 9:00 a.m m. PRESEN NT:

REGRETS: ALSO PRESENT: P

Warden Janet Gu utowski, Deputy Warde en Bud Clay yton, Councillors Gary Davison, Jo ohn McDou ugall, Denis s Doyle and d John In nglis Councillors David Jones and d John Purd don County y: Liz Savilll, CAO/Clerk; Marian VanBruines V ssen, Treasu urer; Paul Charbonnea C au, Directorr of Emerge ency & Transp portation Se ervices; Juliie Shillingto on, Adminis stratorFairmo ount Home; Anne Mariie Young, Manager M of Economic Sustain nability; Joe e Gallivan, Manager of o Sustainab bility Plannin ng; Colleen n Hickey, Hu uman Reso ources Specialist/Labo our Relatio ons; Jannettte Amini, Deputy D Clerk; Angeliqu ue Tamblyn, Executtive Assista ant Media:: Elliot Ferg guson, The Whig

C CALL TO ORDER O

Councillor McDoug gall, Chair, called c the meeting m to order o at 9:0 09 a.m. 2.

A ADOPTION OF AGENDA

COW25-13

Motion #:

d By: Moved Secon nded By:

Councillor Doyle Councillor Davison n

VED THAT T the agend da for the September 4, 4 2013 mee eting of the e Committee e of RESOLV the Who ole be adop pted as ame ended to ad dd under Otther Busine ess the mee eting with th he Minister of Municipal Affairs and Housing g at the AM MO Conference. CARR RIED Staff will begin plac cing the pre evious meeting minute es of the Co ommittee off the Whole e on nda for eas sier referenc ce by the members m as s well as ad dd Other Bu usiness and d the agen Notice of o Motions as a standing agenda ite ems.

Committee e of the Whole Minutes Septemberr 4, 2013

Minutes of the Committee of the Whole Meeting held

Page 1 of 5

Page 37 of 41

AgendaItem#8a)

DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

The Chair requested the Clerk to record that in accordance with the Municipal Conflict of Interest Act no disclosures of pecuniary interest were declared. 4.

DEPUTATIONS AND/OR PRESENTATIONS – Nil

REPORTS

Mr. Nigel Bellchamber, Amberley Gavel Ltd., provided a PowerPoint presentation for the Committee regarding Council Codes of Conduct and specifically, the draft County of Frontenac Code of Conduct. A copy of the presentation is attached to the record in the Clerk’s Office. Each member was asked to provide an overview of their background and to write down their concerns with respect to a Code of Conduct. The Committee was informed of the hierarchy of codes for organizations such as Moral Codes, Ethical Codes, Codes of Conduct, and Policies and Procedures, including the definition of a Code of Conduct. Mr. Bellchamber noted the changes to municipal government after 1998 which attempted to rationalize government and services. Services to vulnerable individuals were transferred to municipal governments under the Local Service Realignment (LSR) in exchange for the Province taking over School Boards without the same oversight previously provided through the Provincial Ombudsman’s Office. Bill 130 introduced amendments to the Municipal Act including broader municipal authority; however it also mandated that municipalities must now have policies on how they will be accountable and transparent, including a process for closed meeting investigations. With this also comes the option for Codes of Conduct. The Committee recessed at 10:15 a.m. The Committee reconvened at 10:25 a.m. Mr. Bellchamber provided input on the following issues he has observed with the County of Frontenac’s Draft Code of Conduct. Opening Statement of Intent The Code should include an opening statement of intent such as: Those who are covered by this Code must adhere to these specific behaviours: ¾ To act with honesty and integrity ¾ To treat people with dignity and respect ¾ Not to abuse the special powers and authority elected official are granted ¾ To act in a manner that does not discredit or undermine public confidence in Frontenac County services Committee of the Whole Minutes September 4, 2013

Minutes of the Committee of the Whole Meeting held

Page 2 of 5

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AgendaItem#8a)

Gifts This section needs to be tightened so as not to open members to criticism, and should include: ¾ Definition ¾ Value ¾ Circumstances ¾ Disclosure – if gifts are accepted, they must be disclosed and it should include what happens to those gifts ¾ Disclosure of other financial matters ¾ A gift of hospitality whose value does not exceed $100 is exempt Mr. Bellchamber also advised members of County Council that they may wish to disclose any perceived conflicts of interest. The Conflict of Interest Act at present only requires members to disclose any pecuniary interest of certain persons, those persons being either a parent, spouse or child so although not legally required to declare any conflict where a close friend or relative is involved, this could be perceived by the public as a conflict of interest for the member. To questions raised, Mr. Bellchamber felt the dollar amount of a token value should be determine by public perception although he suggested it should not be less than $50 and should not exceed $100. Ms. Shillington noted the definition of a conflict of interest under the L-SAA Agreement is much broader than that of the Conflict of Interest Act. Mr. Bellchamber suggested that an addendum should be added to the Code of Conduct that reflects the L-SAA indicating that while Council is sitting as the Board of Management for Fairmount Home, it must conform to these rules. Penalties and Enforcement Mr. Bellchamber supported the use of an Integrity Commissioner. He suggested that the removal of a member from a Committee, Board and/or liaison role be amended to only include the removal from an Advisory Committee of Council. Complaints The purpose of the complaint process is to provide the opportunity for vulnerable individuals and members of the public to file a complaint. Benefits of a Code of Conduct ¾ Protects vulnerable parties ¾ Demonstrates accountability ¾ Avoids complaints under other procedures ¾ Avoids Provincial intervention Given that in the past Provincial Legislation has been influenced by trends in the municipal sector with respect to policy and by-laws such as what was seen with anti smoking by-laws, Mr. Bellchamber suspects that in the future, the Province will require municipalities to adopt Codes of Conduct.

Committee of the Whole Minutes September 4, 2013

Minutes of the Committee of the Whole Meeting held

Page 3 of 5

Page 39 of 41

AgendaItem#8a)

Next Steps ¾ Clarify what are acceptable gifts ¾ Add a Statement of Intent ¾ Bring enforcement in line with the Municipal Act ¾ Determine who can impose penalties ¾ Adopt a Code of Conduct for all Frontenac Council responsibilities ¾ Issue an RFP for an Integrity Commission Mr. Bellchamber read the concerns that were submitted by members of County Council at the beginning of the session and answered those concerns. Regarding concerns around the cost of an Integrity Commissioner, Mr. Bellchamber advised many Integrity Commissioners are lawyers and retainers could run around $5,000. Some, however, do not charge any fees unless they are called in to carry out an investigation. The Committee supported the comments made by Mr. Bellchamber and the following motion was made: Motion #: COW26-13

Moved By: Seconded By:

Councillor Doyle Warden Gutowski

BE IT RESOLVED THAT Report 2013-094, Code of Conduct for County Council and Committee Members be referred back to staff to include the suggested amendments by Mr. Bellchamber and brought forward to the September 18, 2013 County Council meeting. CARRIED Motion #: COW27-13

Moved By: Seconded By:

Councillor Doyle Councillor Davison

BE IT RESOLVED THAT the presentation provided by Mr. Nigel Bellchamber regarding Council Code of Conduct be received. CARRIED 2013-094 Code of Conduct for County Council and Committee Members (Referred from the June 19, 2013 County Council meeting) This report was referred back to staff. 6.

OTHER BUSINESS

Councillor Davison and Councillor Doyle expressed concerns over a recent newspaper article that spoke about the meeting at the AMO Conference between the Warden, CAO and the Minister of Municipal Affairs and Housing with respect to the County’s draft Official Plan. It was noted that at the July County Council meeting where the report regarding a meeting with the Minister was considered, some Council members expressed concerns that a meeting might be premature. The motion concerning the Committee of the Whole Minutes September 4, 2013

Minutes of the Committee of the Whole Meeting held

Page 4 of 5

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AgendaItem#8a)

report was lost. Warden Gutowski clarified that the report presented at the July County Council meeting was for information only and that no other subsequent motion came forward with respect to the report. She advised that it is the duty of the Warden to represent the municipality and to communicate with other levels of government. Concerns were expressed that other members of Council that attended the AMO Conference were not invited to join the meeting with the Minister. County Council was advised by staff that Council direction must be through motions. Given that the Municipal Act and the County’s Procedural By-law do not permit note or comment in Council minutes, the only record of direction is through motions. Councillor Doyle moved a motion to have the previous minutes of Committee of the Whole meetings included on the Committee of the Whole agenda; however the motion did not receive a seconder. 7.

RISE AND REPORT

Motion #: COW28-13

Moved By: Seconded By:

Councillor Doyle Deputy Warden Clayton

THAT the Committee of the Whole Council rise; AND FURTHER THAT the report of the Committee of the Whole Council be forwarded to County Council for Adoption. CARRIED 8.

PUBLIC QUESTION PERIOD

ADJOURNMENT

Motion #: COW29-13

Moved By: Seconded By:

Councillor Doyle Deputy Warden Clayton

RESOLVED THAT the meeting hereby adjourn at 12:05 p.m. CARRIED

Janet Gutowski, Warden

K. Elizabeth Savill, Clerk Committee of the Whole Minutes September 4, 2013

Minutes of the Committee of the Whole Meeting held

Page 5 of 5

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