Body: Council Type: Agenda Meeting: Regular Date: December 2, 2013 Collection: Council Agendas Municipality: Frontenac County
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SUSTAINABILITY ADVISORY COMMITTEE AGENDA
Date and Time
Monday, December 2, 2013 at 10:00 a.m.
Place
County of Frontenac Administrative Boardroom 2069 Battersea Road, Glenburnie
Members: Geoff Sandiford, Chair John McDougall, County Councillor
Denis Doyle, County Councillor Don Ross, Community Member
Page 1.
Call to order
Adoption of the agenda
Disclosure of pecuniary interest and general nature thereof
Adoption of minutes
3-7
•
Minutes of Meeting held October 7, 2013 Recommendation: THAT the minutes of the Sustainability Advisory Committee meeting held October 7, 2013 be approved as circulated.
8-14
Deputations and/or presentations
Reports/Topics for Discussion •
Report No. 2013-218 Sustainability Advisory Committee 2013 Work Plan Update Recommendation: THAT the Sustainability Advisory Committee receive this Sustainability - 2013 Work Plan Update report for information.
15-31
•
Report No. 2013-196 Code of Conduct for Members of County Council and Committees Recommendation: THAT the Sustainability Advisory Committee receive the Frontenac County Advisory Committees – Code of Conduct for Members of County Council and Committees report for information.
32-34
•
Report No. 2013-215 Mandatory Integrated Accessibility Standards Regulation Training
Page 1 of 34
Page 6.
Reports/Topics for Discussion Recommendation: THAT the Sustainability Advisory Committee receive the Frontenac County Advisory Committees – Mandatory Integrated Accessibility Standards Regulation Training report for information.
Other business
Next meeting date •
The next meeting of the Sustainability Advisory Committee is schedule for Monday, February 3, 2014 at 10:00 a.m. at the County Administrative Building.
Adjournment
Page 2 of 34
AgendaItem#4•
Minutes of the Sustainability Advisory Committee Meeting October 7, 2013 A meeting of the Sustainability Advisory Committee was held in the Frontenac Boardroom of the County Administrative Office, 2069 Battersea Road, Glenburnie on Monday, October 7, 2013 at 10:00 a.m. In attendance: • Geoff Sandiford, Chair • Ron Hipfner, Vice Chair • Denis Doyle, County Councillor • Don Ross, Community Member • Janet Gutowski, Warden Regrets: • John McDougall, County Councillor Staff: • Elizabeth Savill, CAO/Clerk • Kristin Mullin, Communications Officer • Jannette Amini, Deputy Clerk (Recording Secretary) • Anne Marie Young, Manager of Economic Sustainability 1. Call to order Chair Sandiford called the meeting to order at 10:06 a.m. 2.
Adoption of the agenda
Moved By: Seconded By:
Mr. Doyle Mr. Hipfner
THAT the agenda be confirmed. CARRIED 3.
Disclosure of pecuniary interest and general nature thereof
The Chair requested the Recording Secretary to make note in the minutes that no members of the committee declared any disclosures of pecuniary interest.
Sustainability Advisory Committee Meeting Minutes October 7, 2013 Received by County Council October 16, 2013 Page 1 of 5
Minutes of Meeting held October 7, 2013
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AgendaItem#4•
Adoption of minutes
Moved By: Seconded By:
Mr. Ross Mr. Hipfner
THAT the minutes of the Sustainability Advisory Committee meeting held August 12, 2013 be approved as circulated. CARRIED 5.
Deputations and/or presentations – Nil
Communications – Nil
Reports/Topics for Discussion 2013-175 2013 Work Plan Update
Moved By: Seconded By:
Mr. Ross Warden Gutowski
THAT the Sustainability Advisory Committee receive this Sustainability - 2013 Work Plan Update report for information; AND FURTHER THAT the Sustainability Advisory Committee recommend to the Council of the County of Frontenac the approval of the Sustainability Advisory Committee 2014 Work Plan as amended to move the August meeting to the second Monday of the month; AND FURTHER THAT the proposed 2014 Draft Sustainability Advisory Committee budget be forwarded to staff for inclusion in the 2014 Budget presentation to County Council. CARRIED Ms. Mullin provided an overview of the report. Mr. Sandiford thanked staff for all of their work and effort put into the ICSP Workshop which was seen by the Committee and staff as a success. With respect to volunteer opportunities with community organizations, the Committee agreed with and supported the staff recommendation to list non-profit and charitable organizations in need of volunteers on the County website. It was further agreed that general information addressing volunteer opportunities would also be added. Sustainability Advisory Committee Meeting Minutes October 7, 2013 Received by County Council October 16, 2013 Page 2 of 5
Minutes of Meeting held October 7, 2013
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With respect to the Speaker Series, the Committee looked at holding the first series on Wolfe Island sometime in November. It was suggested that the topic of discussion be the CHEERIO project. Ms. Savill provided information at this point from the session she recently attended in Ottawa at which the City of Toronto manager responsible for its CHEERIO pilot project spoke. He shared the steps taken to date and cautioned that it is a very large project requiring significant resources to be dedicated to its success. The City is also providing the funding pool. The pilot is in its very early days. Ms. Savill reminded the Committee that direction has already been given to County staff to provide a report to Council by the end of the year on the progress of the pilot. Ms. Savill suggested that the Committee could invite a speaker from Toronto to share its progress and the lessons being learned to the Sustainability Breakfast next May. It was discussed that the first session planned for Wolfe Island could focus on home energy retrofits. Homeowners could be informed of the benefits and future cost savings of home energy retrofits and be offered a brief introduction to the CHEERIO concept, something that the County is currently following. Councillor Doyle felt that there would be support to hold the speaker series in November on Wolfe Island and he felt it would receive a greater turnout at a Council meeting; however the Committee felt that the time limitations for delegations at Council meetings would hinder the speaker and it was suggested that a Town Hall meeting concept would provide greater benefit. Given this, it was suggested that a meeting be held in January which would provide staff more time to prepare for this presentation. The session could include recognition of the current successes on the Island as well as a Question and Answer period. With respect to the CHEERIO pilot, the Committee members recognized that buy in at the Township level by both Council and staff is needed to move this forward. At present, residents need to be informed about cost savings associated with energy retrofits in order to see the rewards. The next step is to introduce the CHEERIO project as something that might be coming in the future. It was suggested Brooke Gilmour, CEO of Hearthmakers, might be prepared to offer the presentation at the meeting in January. ÏAction Item Councillor Doyle and Mr. Sandiford will speak with Brooke Gilmour, Executive Director of Hearthmakers The Committee discussed promoting the upcoming speakers series by appearing as a delegation before Frontenac Islands Township Council before the session. With respect to the draft Sustainable Actions 2013 and the ICSP Workshop, staff advised attendance is tracked. It was felt by some that past attendees are not returning to the workshop. The challenge of complacency was raised as the level of satisfaction with the ICSP is high and individuals may feel their attendance at this work shop is no longer required. It was suggested that follow up take place with those not re-attending; however the County does not have the required staff resources. It was also questioned why the EMC and Frontenac News did not attend the event and there was discussion of the recent cut backs to these media outlets. Although some concerns remained that past participants did not attend this year, the Committee did acknowledge how well Sustainability Advisory Committee Meeting Minutes October 7, 2013 Received by County Council October 16, 2013 Page 3 of 5
Minutes of Meeting held October 7, 2013
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AgendaItem#4•
attended the event was again and that there is value in welcoming new faces to the sustainability workshop. Committee members debriefed and concluded it was a successful workshop. One suggestion for next year would be to ensure the purpose of the ICSP Workshop is clearly shared as it is outlined in the sustainability documents. Proposed 2014 Work Plan The Committee is required to provide a 2014 work plan and budget to Council by the end of the year. In particular, the conference budget was reviewed as the Sustainability Conference is to be held in Prince Edward Island this year; however some felt that a portion of the travel expenses could be borne by the attendee. Moved By: Seconded By:
Mr. Doyle Mr. Ross
THAT the August meeting date be moved to the second Monday of the month. CARRIED It was suggested to add a “Sustainability Corner” to the Frontenac County Bytes to highlight actions being taken by the community. Staff were also asked to bring forward ideas around a possible awards presentation similar to that which the Accessibility Committee is doing. ÏAction Item Kristin Mullin 8.
Other business
Mr. Sandiford thanked Ms. Savill for the work and effort she has put into the Sustainability Advisory Committee over the years and wished her well in her endeavors with the County of Northumberland. Mr. Hipfner advised the Committee that he will be resigning from the Sustainability Advisory Committee as he feels his work here is complete given its success to date. Ms. Savill thanked Mr. Hipfner for his work over the years and the expertise he has brought to the Committee table. 9.
Next meeting date
The next regular meeting of the Sustainability Advisory Committee is scheduled for Monday, December 2, 2013 at 10 a.m. at the County Administrative Building.
Sustainability Advisory Committee Meeting Minutes October 7, 2013 Received by County Council October 16, 2013 Page 4 of 5
Minutes of Meeting held October 7, 2013
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AgendaItem#4•
Adjournment
Moved By: Seconded By:
Councillor Doyle Mr. Hipfner
THAT the meeting hereby adjourn at 11:20 a.m. CARRIED
Sustainability Advisory Committee Meeting Minutes October 7, 2013 Received by County Council October 16, 2013 Page 5 of 5
Minutes of Meeting held October 7, 2013
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AgendaItem#6•
Report 2013-218 COMMITTEE REPORT To:
Chair and Members of the Sustainability Advisory Committee
From:
Marian Vanbruinessen Acting CAO
Prepared by:
Kristin Mullin Communications Officer
Date prepared:
November 27, 2013
Date of meeting:
December 02, 2013
Re:
Sustainability – 2013 Work Plan Update
Committee Recommendations THAT the Sustainability Advisory Committee receive this Sustainability - 2013 Work Plan Update report for information;
Background Action has been taken on a number of 2013 work plan items. An update of progress made to date follows here.
Comment The following are updates and discussion points relevant to the 2013 work plan.
- Maintain expertise in sustainability to ensure valuable advice can be offered to Council as required (strategically support webinars, workshops and conferences) including input into the annual budgeting process The Annual Integrated Community Sustainability Planning Workshop was held on September 20, 2013 at the Verona Free Methodist Church. A survey of participants has been circulated to all attendees of the event. The results of the survey are attached to this document as Appendix A. Sustainability Advisory Committee Report – 2013 Work Plan Update December 2, 2013
Report No. 2013-218 Sustainability Advisory Committee
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- Consider opportunities to further engage and educate communities including: a. Volunteer Encouragement Program With respect to volunteer opportunities with community organizations, the Committee agreed with and supported the staff recommendation to list non-profit and charitable organizations in need of volunteers on the County website. The listing will be accessed through the drop down menu “Services for you” under the title of “Volunteer Opportunities in the County”. An alternate access will be provided by clicking on the “I’d like to” navigation and choosing the option “Volunteer within the County of Frontenac”. b. Speaker Series Councillor Doyle and Mr. Sandiford will report on their meeting with Brooke Gilmour of Hearthmakers and provide a draft agenda for the first speaker series event.
- Liaise with other like-minded groups to gain insights and share expertise The 2013 ICSP Workshop provided a venue to share expertise and ideas with a variety of leaders in sustainability.
- Stimulate relationships and synergies with the Townships by presenting at Council meetings and through other meeting opportunities No updates.
- Contribute to the development and presentation of the annual Sustainable Actions report to Council Sustainable Actions 2013 was approved at the November 20th meeting of County Council. The document is currently in the print stage.
- Assist with the preparations for the Annual Workshop The ICSP Workshop, held on September 20, 2013 at the Verona Free Methodist Church, was by initial accounts a success.
- Comment on the draft Communications Plan being developed for Council’s approval in 2013 The draft communications plan has gone out to all committees and will be presented to County Council by the end of 2013. Updated Statistics on Current Communications Initiatives: Facebook 103 Likes Highest Total Reach: As high as 435 for one post during the second week of November Sustainability Advisory Committee Report – 2013 Work Plan Update December 2, 2013
Report No. 2013-218 Sustainability Advisory Committee
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Twitter 511 Followers 204 Tweets (In total) E-Newsletter Date Sent 03/28/2013 04/22/2013 06/28/2013 07/29/2013 08/30/2013 09/30/2013 10/25/2013
Email Name March 2013 April 2013 June 2013 July 2013 August 2013 September 2013 October 2013
Se nt 624 625 677 678 703 720 721
Bounces 22 19 16 18 19 27 31
Opt outs 3 1 1 1 0 2 0
Sustainability Advisory Committee Report – 2013 Work Plan Update December 2, 2013
Report No. 2013-218 Sustainability Advisory Committee
Opens
Clicks
Forwards
271 262 259 232 260 285 256
41 67 60 62 49 45 38
0 0 0 1 0 0 0
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AgendaItem#6• Appendix A
2013 Annual ICSP Workshop Evaluation
- Thinking of the day overall, did we achieve the following goals? Answer Options
No, not at all
Partially
Yes, we did well!
0
8
9
0
8
9
1
6
10
0 0
0 4
17 13
Recognize sustainability successes achieved in 2012/2013 Open conversations around potential new sustainability projects/activities Acknowledge the sustainability projects/activities underway that need continued support Talk, share, listen and learn from each other Facilitate connections that lead to collaboration
Comments It will be easier to judge this once we see the final report. My comments later may express dissatisfaction, but that is not the case. I thought the day was valuable and well-planned. Well done. People respected others comments and opinions. Good to have each working group stay together as we usually see the issue from the same perspective. Some very good ideas such as allowing/helping people to rent out part of their houses. This increases rural income for the homeowner, and allows more people to stay in the county. Habitat is also a wonderful project. I was at a similar meeting for the City – The County’s session was far and away the better one! Good day. I always enjoy these sessions. It is really important to keep them up, as the community input and feedback is vital. The recognition plaques are a good idea. Perhaps a bit more care to go through successes and future projects more comprehensively - our break out group didn’t really go through the list of existing/future projects - I wasn’t sure whether that was one of our tasks. Plenty of time for networking. 2. What, if anything, was particularly well done – anything we should keep in mind when planning a similar event in the future? Comments Allocating sufficient time for team discussion, balancing with short presentations and updates. Organization of the day was fabulous! This event should be open to the public. With the current format you cannot call it a “community sustainability plan” because the community had nothing to do with it. The list of attendees is too controlled. Its our community and everyone should have a say. The group discussions and the reporting. The venue was excellent. Food superb. Good facilitator. The event was punctual and very well organized. Nicely done. Discussion group participants all from same township was good, but may be best to keep this flexible, possibly alternate every year Keeping to time is very important. Grouping people with similar interests is very important. The installation of a Moderator or Facilitator made the whole exercise more professional and added a dimension of constant flow to entire day. The Program was kept on time geographic groupings was good, but would like a change in the afternoon food was great The venue was perfect. The group disucssions were excellent and informative. It was a very Sustainability Advisory Committee Report – 2013 Work Plan Update December 2, 2013
Report No. 2013-218 Sustainability Advisory Committee
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successful day I think. The regularity of the event itself is to be commended. Recognition awards are great The 4 pillar format used for the day was very good . Offered enough time for session discussion. Break out groups was a very good idea, as was having the ‘reporting back’ limited to two groups each time. This was better than setting a priority list and allowed for lots of meaningful conversation. 3. What could we improve on the next time we’re planning a similar event? Comments Somehow attracting more new faces and perspectives into the mix. Perhaps sharpening the focus, maybe one speaker with a more detailed presentation before each session? We needed to mix and match discussion groups to stimulate conversation and collaboration. I didn’t have a chance to hear most of the people in the room. Perhaps we tackled too broad a discussion by focusing on all the pillars. We probably should go back to a focus on ‘sustainability’ generally with projects that touch all the pillars. The day was very long. We lost many participants in the afternoon. I noticed that there were areas of sustainability that were missing almost entirely such as the medical community and the arts. Perhaps a phone call to some contacts might be necessary after the registrations. The handouts should be provided for all participants. Given the large number of no-shows we should invite more people. Do not bring in Tim Horton’s when you already have a great local caterer. Have either fewer speakers or have a shorter time for them so that we can spend more time in the roundtable discussions. All is valuable, but the time together in discussion is more valuable. An invitation to selected few does not make it a integrated community sustainability plan, it makes it a contrived, predetermined exercise that does not include the COMMUNITY as a whole. experienced facilitator with each breakout group It would be nice to see other groups from the community there as stakeholders. It always seems to be the same people there. Break-out groups should be given a bit clearer direction on their role and objectives
- Opening and closing remarks could be expanded a bit to include more info on what is about to happen for the day (beginning) and at the end perhaps a recap that would include comments from others about the day.
- Heard some comments to switch up people in the groups for the afternoon. Consider opening the invitations to the general public, similar to what the City of Kingston does. This may result in more attendees but it will also be more transparent.
- Overall, how would you rate our panel of speakers?
Answer Options Diversity of topics Quality of information provided Relevancy to sustainability
Poor
Fair
Good
Very Good
Excellent
0 0 0
0 1 0
2 5 7
12 7 6
3 4 4
Sustainability Advisory Committee Report – 2013 Work Plan Update December 2, 2013
Report No. 2013-218 Sustainability Advisory Committee
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Comments Perhaps the speakers might be given a minute or 2 more or help them prepare better. Most seem to lose track of time and then had to hurry the closing statement.. I don’t know what the process was to pick the speakers. Some of the choices were very strange, such as the RKY camp representative. Again, as much as all was excellent, we needed more time in the groups. If the speakers could have a shorter time, that would help, or have fewer speakers. The speaker content does not necessarily pertain to sustainability present or future More speakers that can provide back ground / end results such as gift shop in Verona speaker I liked the mix of keynote speakers, but - There could have been a bit more direction to the speakers to talk a bit more generally about the topic area rather than just on their particular organization. Speakers for each pillar had very relevant information to share and included suggestions and statistics. 5. Please rate the following aspects of the day. I like the format. Early start, early closing, reasonably paced timetable. See comments above Obviously some people found the day too long. Excellent time management. No Tim Horton’s muffins, please, especially at a sustainability meeting. Desert Lake makes far tastier and healthier muffins, plus Desert Lake is a LOCAL BUSINESS! Sustainability is all about local. More leadership on the topics and summary last years projects. Logistics were very good.
Answer Options Facilitator Venue Breakfast Lunch Roundtable Discussions Length of Day Start Time (7:30 a.m.) End Time (3:00 p.m.) Community Cafe
Poor
Fair
Good
Very Good
Excellent
0 0 0 0 0 0 3 1 0
0 0 0 0 2 1 1 0 0
3 2 2 2 4 4 2 3 8
9 6 6 3 7 9 9 10 4
5 9 8 12 4 2 2 3 5
- Are there any other comments you would like to add? The community should be invited to paritcipate in the “Community Sustainability Planning” not just people that the County want there. Our discussion group was all from Central Frontenac. It worked well but it is interesting to conjecture what a more heterogeneous grouping would have delivered. All in all, well done!! I think the day was valuable, but I am not sure that we captured the dreams of a BROAD spectrum of the community. I was not pleased that the press did not attend. Great opportunity to network and get to know various organizations and groups. Very enlightening It was an excellent day. It is good to speak/network/work with people who are working towards the same ends. It is great to know first hand what is going on in the County. I can only add, that an Integrated Community Sustainability Plan may only be labelled as such, if the Sustainability Advisory Committee Report – 2013 Work Plan Update December 2, 2013
Report No. 2013-218 Sustainability Advisory Committee
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entire Community is invited to attend a planning session. I found that the exercise that this survey is inquiring about, lacked this complete invitation, and as such should not be validated as an ICSP. Overall, great job with the organizing of this event. Thanks Keep it happening. Ensure ICSP receives funding into the future - community-based projects and programs are often not supported at the municipal level. This is a refreshing change from normal municipal priorities of filling potholes and collecting waste. This seemed to be the best workshop held thus far. I consider the best of five sustainability workshops I have attended – lots more conversations, great venue, and stayed on schedule! Thanks to everyone who had a hand in putting this together.
Sustainability Advisory Committee Report – 2013 Work Plan Update December 2, 2013
Report No. 2013-218 Sustainability Advisory Committee
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Report 2013-196 COMMITTEE REPORT To:
Chair and Members of Frontenac County Advisory Committees
From:
Jannette Amini Deputy Clerk
Date prepared:
October 24, 2013
Date of meeting:
150th Anniversary Planning Advisory Committee – October 30, 2013 Frontenac Accessibility Advisory Committee – November 18, 2013 Service Delivery and Organization Review Committee – November 20, 2013 Sustainability Advisory Committee – December 2, 2013 Trails Advisory Committee – December 5, 2013
Re:
Frontenac County Advisory Committees – Code of Conduct for Members of County Council and Committees
Recommendation This report is for information purposes only.
Background In 2007, additions to Part VI of the Municipal Act, 2001 created a mandatory requirement for municipalities to adopt an accountability and transparency policy. Part VI provides that Council shall adopt and maintain a policy with respect to: 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. Part V.1 of the Municipal Act, 2001, as amended by Bill 130, also creates new options for municipalities regarding accountability and transparency. The changes provided the authority, but not the requirement, for County Council to establish a Code of Conduct for County Council and its advisory committees.
Frontenac County Advisory Committees – Code of Conduct for Members of County Council and Committees Various dates, 2013 Page 1 of 3
Report No. 2013-196 Code of Conduct for Members of
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Comment In November 2007, County Council passed a by-law to adopt an accountability and transparency policy for the County of Frontenac. This Policy was based on County Council’s commitment to the citizens of Frontenac County to be open and transparent. To further enhance it’s commitment to openness and transparency, County Council, at its regular meeting held October 16, 2013 passed the following resolution: Motion #: 386-13
Moved By: Seconded By:
Councillor Jones Councillor Doyle
BE IT RESOLVED THAT the Council of the County of Frontenac receive this Administrative Services – Code of Conduct for County Council and Committee Members report; AND FURTHER THAT the Council of the County of Frontenac adopt the Code of Conduct for County Council and Committee Members, attached as Exhibit A to this report as amended to include;
- the wording of Section 13 (j) of Procedural By-law 2013-0020, Duties of the Warden, be added to Section 1.2 (v) of the Code of Conduct;
- Section 1.2 of the Code of Conduct be further amended to include the Chair of the Committee of the Whole
- Section 1.0, Statement of Intent, be deleted and replaced with, “To guide those who are covered by this Code in their day to day responsibilities on behalf of the citizens of the County of Frontenac” AND FINALLY THAT County Council authorize staff to proceed with the issuance of a Request for Expressions of Interest for the appointment of an Integrity Commissioner to be approved by Council. CARRIED AS AMENDED The purpose of a Code of Conduct for Members of County Council and Committees is to establish a set of guidelines intended to provide Members of County Council and Committees with assistance in determining appropriate behaviour and conduct that meet the highest ideals of public service. It provides guidelines on ensuring openness, transparency and equity in the County’s processes. Such guidelines also serve to distinguish the roles and responsibilities between Council, Committees and staff and to determine a benchmark for optimal governance/administrative relations. The Code of Conduct for Members of County Council and Committees is attached to this report as Appendix A. Section 7 of the Code of Conduct identifies the responsibilities of Committees and Committee Members and clearly identifies that they must respect both the word and spirit of the Code of Conduct as it applies to them, as well as provides further clarification with respect to pecuniary interest of Members and their declaration thereof at meetings. The Code of Conduct also requires that Members of County Council and Committees sign the Code of Conduct acknowledging that they have read, understood and accept it. Frontenac County Advisory Committees – Code of Conduct for Members of County Council and Committees Various dates, 2013 Page 2 of 3
Report No. 2013-196 Code of Conduct for Members of
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Sustainability Implications Good governance is critical to the sustainability of a community. As stated in Directions for Our Future government decision-making processes are clear, transparent, forward thinking and focused on the longer term.
Financial Implications There are no direct financial implications associated with this report.
Organizations, Departments and Individuals Consulted and/or Affected All members of Frontenac County Advisory Committees.
Attachments Appendix A – Code of Conduct for County Council and Members of Committees
Frontenac County Advisory Committees – Code of Conduct for Members of County Council and Committees Various dates, 2013 Page 3 of 3
Report No. 2013-196 Code of Conduct for Members of
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Appendix A
County of Frontenac Code of Conduct for Members of County Council and Committees Approved by County Council October 16, 2013
Report No. 2013-196 Code of Conduct for Members of
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1.0
Statement of Intent To guide those who are covered by this Code in their day to day responsibilities on behalf of the citizens of the County of Frontenac
2.0
Application
2.1
This Code of Conduct applies to all Members of Council, being the Warden and each Councillor. It also applies to all members of the public appointed to committees by Council. Addendum A forms part of the Code of Conduct as it relates to Fairmount Home as per the LHIN L-SAA Agreement and applies to Members of Council only.
2.2
As Council Chair and Committee of the Whole Chair, the Warden and the Chair of the Committee of the Whole have additional responsibilities and, accordingly, must: i. uphold and promote the purposes of the municipality; ii. promote public involvement in the municipality’s activities; iii. act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and iv. participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents v. To represent and support the Council, declaring its will and implicitly obeying its decisions in all things. The principles set out in this Code of Conduct apply to the distinct role of the Warden as the context requires.
. 2.3
All Members of Council and members of the public appointed to a County committee are expected to follow this Code, the Council Procedural Bylaw and other sources of applicable procedural law. They are also subject to other sources of law such as: • • • • •
Municipal Act, 2001 Municipal Conflict of Interest Act Municipal Elections Act Municipal Freedom of Information and Protection of Privacy Act The Criminal Code of Canada
3.0
Responsibilities of Council, the Warden and Councillors
3.1
Council as a whole has the authority to approve budget, policy or processes, including the structures and procedures for committees. Authority to act on behalf of Council, including through a committee, can only be delegated by Council or through law.
Code of Conduct Council and Committee Members Approved by County Council October 16, 2013
Report No. 2013-196 Code of Conduct for Members of
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3.2
Council is responsible for and dedicated to providing good and effective government for the public in an open, accountable and transparent manner.
3.3
A fiduciary relationship exists between the Council and inhabitants of the municipality.
3.4
Members of Council: i. when appointed to committees and other bodies as part of their duties must make every effort to participate actively in these bodies with good faith and care, ii. must uphold the law and conduct themselves with the highest degree of ethical behaviour and integrity, iii. must avoid conflict of interest, iv. must seek to advance the public interest with honesty and treat members of the public with dignity, understanding and respect, and v. may not make statements known to be false or make a statement with the intent to mislead Council or the public.
4.0
Members of Council and the Role of Staff
4.1
Mutual respect and cooperation are required to achieve the Council’s corporate goals and implement the Council’s strategies through the work of staff. The role of Council is to lead through setting policy and budget. It is not to manage or administer.
4.2
Staff members serve Council and work for the municipal corporation under the direction of the chief administrative officer. Council directs staff through its decisions as recorded in the minutes and resolutions of Council. Members of Council have no individual capacity to direct members of staff to carry out particular functions.
4.3
Inquiries of staff from Members of Council should be directed to the chief administrative officer or the appropriate senior staff as directed by the chief administrative officer.
4.4
Members of Council must respect that: i. staff provide advice and make policy recommendations in accordance with their professional ethics, expertise and obligations. They must not willfully injure the reputation, impugn the integrity or question the capabilities or performance of staff in a manner that is inappropriate. ii. staff undertake their duties based on political neutrality without undue influence. Members may not invite or pressure any member of staff to engage in partisan political activities.
5.0
County Assets and Gifts
5.1
Definitions:
Code of Conduct Council and Committee Members Approved by County Council October 16, 2013
Report No. 2013-196 Code of Conduct for Members of
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a) “benefit" means anything (other than a gift) given that confers an advantage, including but not limited to discounted or free services including food or beverages for immediate consumption, activities or event tickets, unless payment in any form, including the exchange of goods or services, of equal or greater value is received by the individual or entity giving the benefit; b) “gift" means any real or personal property given, including but not limited to art work, clothing, money, gift certificates or gift cards that exceeds $50, unless payment in any form, including the exchange of goods or services, of equal or greater value is received by the individual or entity giving the gift; c) “token value” means and gift received whose value does not exceed $100. 5.2
Council is the custodian of the assets of the municipality. The community places its trust in Council and those it appoints to make decisions for the public good in relation to these assets.
5.3
Members of Council and members of the public appointed to committees must not use municipal assets for personal convenience, for profit or to assist during an election or in relation to a nomination, except where such privileges are granted to the public or provided by law.
5.4
Members of Council and members of the public appointed to committees must not accept gifts and benefits except as provided for under law and in the course of their duties. They may accept gifts of token value only but should be aware that even these may place them in a position where their actions are open to serious question.
5.5
If a member of Council or member of the public appointed to a committee receives a gift or benefit and the value of the gift or benefit exceeds $100, or if the total value received from anyone source during the course of a calendar year exceeds $100, the member of County Council shall within 30 days of receipt of the gift or benefit or of reaching the annual limit, file a disclosure statement with the CAO/Clerk. The disclosure statement must indicate: a) the nature of the gift or benefit; b) its source and date of receipt; c) the circumstances under which it was given or received. Any disclosure statement made under this subsection will be a matter of public record.
6.0
Confidentiality
6.1
Members of Council have a duty to hold information received at closed meetings in strict confidence for as long and as broadly as the confidence applies. They
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must not, either directly or indirectly, release, make public or in any way divulge any such information or any confidential aspect of the closed deliberations to anyone, unless authorized by Council or required by law. 6.2
Members of Council must not disclose, use or release information in contravention of applicable privacy law. They are only entitled to information in the possession of the municipality that is relevant to matters before the Council or a committee. Otherwise, they enjoy the same level of access rights to information as any other member of the community and must follow the same processes as any private citizen.
6.3
Members of Council must not release information subject to solicitor-client privilege, unless expressly authorized by Council or required by law.
7.0
Committees and Members of Committees
7.1
Members of the public appointed to committees are appointed at the pleasure of Council. They do not hold office as elected officials nor do they represent either Council or the committee unless mandated to do so. Members of the public appointed to committees must respect both the word and spirit of this Code as it applies to them and also as it applies to Members of Council.
7.2
Committees operate only within meetings for which proper notice has been given or as a matter duly added to an agenda.
7.3
Committee work often depends on the specific expertise of members of the public appointed to committees, including their employment or business interests. Interests relating to expertise, knowledge or acquaintance of a topic or an individual does not necessarily constitute a pecuniary interest. Such an interest should still be declared, however, for the purposes of openness.
7.4
If a pecuniary interest or an appearance of such arises in relation to any matter, members of the public appointed to a Committee must declare the pecuniary interest in a matter being discussed. The member may participate in the discussion but may not vote on the matter.
7.5
Committee work is part of the public record. Committees must ensure that their recommendations are sufficiently detailed and recorded clearly so that they can be relied upon by Council or the standing committee acting upon them.
7.6
The minutes of a committee meeting must record when any member has declared an interest or a pecuniary interest well as the circumstances in which the member left the room, the times at which the person left and returned to the meeting.
7.7
In addition to the recording of minutes as required by section 7.6, where a member of a committee has declared a pecuniary interest, the declaration as well as the nature of the pecuniary interest must be recorded as part of the
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recommendation to Council so that Council may be aware of the declaration when making its decision. Compliance with the Code – Complaint 8.1
Where an alleged contravention of any provision of this Code of Conduct occurs, the following procedures will be adhered to.
8.2
Individuals (i.e. Municipal employees, members of the public) or organizations who believe they have identified or witnessed behaviour or an activity by a Member of Council that they believe is in contravention of the Code of Conduct for Members of Council, may wish to address the prohibited behaviour or activity themselves as follows: i. advise the Member of Council that the behaviour or activity contravenes the Code of Conduct; ii. encourage the Member of Council to stop the prohibited behaviour or activity; iii. keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information; iv. advise someone else (for example, another Member of Council or a senior staff member of the Municipality) about their concern, their comments to the Member of Council and the response of the Member of Council; v. if applicable, confirm to the Member of Council their satisfaction with the response of the Member of Council or, if applicable, advise the Member of Council of their dissatisfaction with the response; and vi. consider the need to pursue the matter in accordance with the formal complaint procedure outlined in Appendix B, or in accordance with an applicable judicial or quasi-judicial process. Individuals and organizations are encouraged to initially pursue this informal complaint procedure as a means of stopping and remedying a behaviour or activity that they believe to be prohibited by the Code of Conduct. However, it is not a precondition or a prerequisite that they pursue the informal complaint procedure prior to pursuing the formal complaint procedure in 8.2.
9.0
Formal Complaint Procedure - Integrity Commissioner
9.1
A Municipal staff or member of the public, who has reasonable and probable grounds to believe that a member of Council has contravened the Code of Conduct for Members of Council, may request that the matter or complaint be reviewed.
9.2
The complaint shall be in writing and shall be signed by the complainant(s).
9.3
A complaint shall set out the grounds for the belief and the contravention alleged and include a supporting affidavit that sets out the evidence in support of the complaint.
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For example, facts should include the name of the alleged violator, the provision allegedly contravened, facts constituting the alleged contravention, the names and contact information of witnesses, and contact information respecting the complainant during normal business hours. 10.0
Initial Classification by Integrity Commissioner
10.1
The complaint shall be filed with the Chief Administrative Officer/Clerk who shall forward the matter to the Integrity Commissioner for initial classification to determine if the matter is, on its face, a complaint with respect to non-compliance with the Code of Conduct and not covered by other legislation or other Council policies.
10.2
If the complaint does not include a supporting affidavit, the Integrity Commissioner may defer the classification until an affidavit is received.
10.3
If the complaint, including any supporting affidavit, is not, on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint is covered by other legislation or a complaint procedure under another Council policy, the Integrity Commissioner shall advise the complainant in writing as follows: i. if the complaint on its face is an allegation of a criminal nature consistent with the Criminal Code of Canada, the complainant shall be advised that if the complainant wishes to pursue any such allegation, the complainant must pursue it with the Ontario Provincial Police or other appropriate law enforcement agency; ii. if the complaint on its face is with respect to non-compliance with the Municipal Conflict of Interest Act, the complainant shall be advised to review the matter with the complainant’s own legal counsel; iii. if the complaint on its face is with respect to non-compliance with the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter will be referred to the Privacy Commissioner for review; iv. if the complaint on its face is with respect to non-compliance with a more specific Council policy with a separate complaint procedure, the complainant shall be advised that the matter will be processed under that procedure; and v. in other cases, the complainant shall be advised that the matter, or part of the matter, is not within the jurisdiction of the Integrity Commissioner to process, with any additional reasons and referrals as the Integrity Commissioner considers appropriate.
11.0
Integrity Commissioner Investigation
11.1
If a complaint has been classified as being within the Integrity Commissioner’s jurisdiction, the Commissioner shall investigate and may attempt to settle the complaint.
11.2
The Integrity Commissioner will proceed as follows:
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i. serve the complaint and supporting material upon the member whose conduct is in question with a request that a written response to the allegation be filed within ten days; and ii. serve a copy of the response provided upon the complainant with a request for a written reply within ten days. 11.3
If necessary, after reviewing the written materials, the Integrity Commissioner may speak to anyone relevant to the complaint, examine any other documents relevant to the complaint and may enter any County office relevant to the complaint for the purposes of investigation and settlement.
11.4
The Integrity Commissioner may make interim reports to Council as required to address any instances of interference, obstruction or retaliation encountered during the investigation.
11.5
The Integrity Commissioner shall submit a final report on the complaint to Council, no later than 90 days after the making of the complaint, outlining the findings, the terms of any settlement, or recommended corrective action.
11.6
Any recommended corrective action must be permitted in law and shall be designed to ensure that the inappropriate behaviour or activity does not continue.
12.0
Refusal to conduct inquiry
12.1
If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an inquiry, the Integrity Commissioner shall not conduct an inquiry and shall state the reasons for not doing so in the report.
12.2
If the Integrity Commissioner determines that there has been no contravention of the Code of Conduct or that a contravention occurred although the Member took all reasonable measures to prevent it, or that a contravention occurred that was trivial or committed through inadvertence or an error of judgment made in good faith, the Integrity Commissioner shall so state in the report and shall recommend that no penalty be imposed.
13.0
Reporting
13.1
The Integrity Commissioner shall file a copy of the final report with Chief Administrative Officer who will then provide a copy of the report to the complainant and the Member of Council whose conduct is concerned.
13.2
The Chief Administrative Officer shall process the report to the next meeting of Council.
13.3
Council shall consider and respond to the report within 90 days after the day the report is laid before it.
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13.4
The Integrity Commissioner shall report annually to Council on complaints affecting the Council of the County of Frontenac, filed with the Integrity Commissioner.
14.0
Municipal Support for Members of Council
14.1
In the case of a Formal Complaint, the municipality will provide up to $1,000 to the Council member to obtain professional advice or assistance. Reimbursement will be made upon provision of original invoices marked paid in full to the Chief Administrative Officer, and processed through regular accounts payable procedures.
15.0
Non-Compliance
15.1
The following enforcement measures may be instituted by County Council and applied to any member of Council under Section 223.4(5) of the Municipal Act if the Integrity Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct: i. a reprimand; ii. suspension of the remuneration paid to the member in respect of his or her services as a member of Council or the local board, as the case may be, for a period of up to ninety (90) days, and/or iii. censure including removal from appointment to an Advisory Committee of Council.
Signature The undersigned hereby acknowledges that they have read, understood and accept this Code of Conduct.
Signature of Member
Date
Printed Name of Member
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Addendum A – Fairmount Home 1.0
Background In 2013, the LHIN L-SAA Agreement executed following Council’s direction at the regular Council meeting in April requires a code of conduct to be in place covering Fairmount’s directors. Council is, under the Long Term Care Act, the board of directors for Fairmount. The provisions set out in LHIN L-SAA Agreements were proclaimed and came into force on January 1, 2008 and while Council is sitting as the Board of Management for Fairmount Home, it must confine to these rules:
2.0
Definitions “Board” means in respect of an HSP that is: (i) (ii) (iii) (iv)
A corporation, the board of directors; A First Nation, the band council; A municipality, the committee of management; A board of management established by one or more municipalities or by one or more First Nations’ band councils, the members of the board of management; (v) A partnership, the partners; (vi) A sole proprietorship, the sole proprietor. “Conflict of Interest” in respect of an HSP, includes any situation or circumstance where: in relation to the performance of its obligations under the LHIN L-SAA agreement: (i) The HSP; (ii) A member of the HSP’s Board, or (iii) Any person employed by the HSP who has the capacity to influence the HSP’s decision, has other commitments, relationships or financial interest that: (iv) Could or could be seen to interfere with the HSP’s objective, unbiased and impartial exercise of its judgement; or (v) Could or could be seen to compromise, impair or be incompatible with the effective performance of its obligations under the LHIN L-SAA Agreement. “HSP’s Personnel” is defined as the controlling shareholders (if any), directors, officers, employees, agents, volunteers and other representatives of the HSP. In addition to the foregoing HSP’s Personnel shall include the contractors and subcontractors and their respective shareholders, directors, officers, employees, agents, volunteers or other representatives.
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3.0
Conflict of Interest The HSP will use the Funding, provide the Services and otherwise fulfil its obligations under the LHIN L-SAA Agreement without an actual, potential or perceived Conflict of Interest. The HSP will disclose to the LHIN without delay any situation that a reasonable person would interpret as an actual, potential or perceived Conflict of Interest and comply with any requirements prescribed by the LHIN to resolve any Conflict of Interest.
4.0
Confidential Information Members of County Council will treat confidential information as confidential and will not disclose confidential information except with the consent of the disclosing party or as permitted or required under FIPPA, the Municipal Freedom of Information and Protection of Privacy Act, the Act, court order, subpoena or other applicable law.
Signature The undersigned hereby acknowledges that they have read, understood and accept this Code of Conduct.
Signature of Member
Date
Printed Name of Member
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Appendix A – Integrity Commissioner Duties of the Integrity Commissioner 1.0
The Integrity Commissioner shall:
1.1
Conduct inquiries and investigations into alleged contraventions of the Code of Conduct for Members of Council.
1.2
Make the decisions, including the imposition of penalties with regards to the alleged contraventions of the Code of Conduct for Council Members. Penalties may include, but are not limited to: i. Reprimand in Open Council (Censure) ii. Suspension of office for a period of not more than 90 business days; iii. Suspension of honorariums for a period of not more than 90 business days; iv. Removal from committees of Council; v. Any combination of the above. A penalty imposed by the Integrity Commissioner takes effect immediately upon the receipt by Council of the report of the Integrity Commissioner regarding the alleged contravention.
1.3
Prepare and deliver an annual report to Council containing a summary of the activities of the office of the Integrity Commissioner during the calendar year.
1.4
Detailed responsibilities of the office of the Integrity Commissioner will be outlined with the appointment of the position.
2.0
The Integrity Commissioner may, at the request of Council: i.
Prepare written materials for distribution to and use by members of Council regarding the role of the Integrity Commissioner and ethical obligations and responsibilities of members of Council under the Code of Conduct for Members of Council and any other procedures, rules or policies governing their ethical behaviour.
ii.
Prepare written materials for distribution to and use by the public to aid in their understanding of the role of Integrity Commissioner and ethical obligations and responsibilities of members of Council under the Code of Conduct for Members of Council and any other procedures, rules or policies governing their ethical behaviour.
iii.
Deliver an oral presentation to members of Council regarding their ethical obligations and responsibilities of members of Council and any other procedures, rules or policies governing their ethical behaviour.
iv.
Provide advice and recommendations to Council regarding amendments to the Code of Conduct for Members of Council and in respect of any other procedures, rules or policies governing their ethical behaviour.
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3.0
Procedure to Submit a Complaint to the Integrity Commissioner i.
Council members, employees or members of the public may submit complaints to the Integrity Commissioner relating to compliance with the Code of Conduct for Members of Council.
ii.
All complaints will be treated as confidential at all times.
iii.
Complaints shall be submitted on the established Complaint Request Review Form, attached hereto. The Complaint Review Request Form is also available on the County website or from the Clerk’s office.
iv.
All complaints must contain the following information: a. Name of Municipality; b. Complainant’s name, mailing address, telephone number and email address (if applicable); c. Nature and background of the complaint; d. Any activities undertaken (if any) to resolve the concern; e. Any other relevant information; f. Original Signature; and a g. Cheque in the amount of $125.00 made payable to the County of Frontenac.
v.
The Complaint Review Request form, accompanied by the prescribed fee, shall be dated and submitted to the Clerk by mail or personal delivery.
vi.
Upon receipt of a complete Complaint Review Request the Clerk shall prepare a package to be forwarded to the Integrity Commissioner that will include the following: a. The Complaint Review Request Form; b. A certified true copy of the Code of Conduct for Members of Council; and c. Any and all such other information or documentation supplied by the complainant that is deemed relevant.
vii.
The information package referred to above shall be forwarded to the Integrity Commissioner in hard copy format by courier or regular mail, whichever is deemed appropriate.
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Appendix B – Code of Conduct Complaint Form County of Frontenac Integrity Commissioner Complaint Review Request Form Section 223 – Municipal Act, 2001, as amended COMPLAINANT NAME ADDRESS TELEPHONE
HOME
WORK
E-MAIL PLEASE NOTE: PERSONAL INFORMATION IS COLLECTED UNDER THE AUTHORITY OF SECTION 239 OF THE MUNICIPAL ACT AND WILL BE USED BY THE INTEGRITY INVESTIGATOR TO CARRY OUT AN INVESTIGATION UNDER THE ACT. BACKGROUND
ACTION
This should provide as much information as is required to explain the nature and background of the particular occurrence. (i.e.) timing, contact and explanation. Please attach applicable documents. Attach additional sheets as needed.
Activities that the complainant has undertaken to resolve the matter; if applicable. Attach additional sheets as needed.
SUMMARY / COMMENTS Attach additional sheets as needed.
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Report 2013-215 COMMITTEE REPORT To:
Chair and Members of the Frontenac County Advisory Committees
From:
Jannette Amini Deputy Clerk
Date prepared:
November 11, 2013
Date of meeting:
Frontenac Accessibility Advisory Committee – November 18, 2013 Sustainability Advisory Committee – December 2, 2013 Trails Advisory Committee – December 5, 2013 Service Delivery and Organization Review Committee – December 9, 2013 150th Anniversary Planning Advisory Committee – December 11, 2013
Re:
Frontenac County Advisory Committees – Mandatory Integrated Accessibility Standards Regulation Training
Recommendation This Report is for information purposes only.
Background In 2001 the Province of Ontario passed the Ontarians with Disabilities Act (ODA) in order to improve opportunities for persons with disabilities by identifying and removing barriers in order to allow full participation. To further remove barriers, in 2005 the Province passed the Accessibility for Ontarians with Disabilities Act AODA) with the purpose of achieving a fully accessible Ontario by 2025. The AODA identified five standards that were to be developed, those being: ¾ The Customer Service Standard ¾ The Information and Communications Standard (Provide information & communicate (websites, brochures, flyers, invoices, order forms)) ¾ The Employment Standard (Recruit, Assessment, Selection and Retention) ¾ The Transportation Standard (Accessible Transit, including accessible buses, platforms, taxis and ferries) ¾ Design of Public Spaces Standard. ¾ The Built Environment - Physical and Architectural Frontenac County Advisory Committees – Mandatory Integrated Accessibility Standards Regulation Training November 18, 2013 Page 1 of 3
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Comment The Customer Service Standard, which came into force in 2008, outlines how we interact with persons with disabilities and how we provide service. It requires that municipalities must have in place policies with respect to the Standard and that all staff be trained on the policy which identifies how accessible customer service will be provided to persons with disabilities which is consistent with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) – and that considers the principles of dignity, independence, integration and equal opportunity. The Integrated Accessibility Standards Regulation (IASR) became law in July 2011 and encompasses general requirements of the 4 Standards as follows: ¾ ¾ ¾ ¾
The Information and Communications Standard The Employment Standard The Transportation Standard Design of Public Spaces Standard.
It also requires that municipalities must have in place policies with respect to the Standard and that all employees and volunteers must be trained on the IASR and the Human Rights Code. Council, at its regular meeting held September 18, 2013 approved the County of Frontenac’s Integrated Accessibility Standards Regulation Policy which was a requirement under the new IASR. A copy of the IASR policy was presented to the Accessibility Advisory Committee at its meeting held September 9th prior to it being presented to Council. Section 1.4 Training states: All County of Frontenac employees, volunteers, persons who participate in developing the County’s policies and third parties providing goods and services on the County’s behalf shall be required to undergo training on the requirements of the Accessibility for Ontarian with Disabilities Act, 2005 accessibility standards and on the Human Rights Code as it pertains to persons with disabilities. The training provided on these requirements shall be appropriate to the duties of the employee, volunteer or other persons. Training shall take place as soon as is practicable and upon completion, the County shall keep a record of the training provided on these requirements including the dates on which the training was provided and the number of individuals to whom it was provided. Committee members will be provided with the “Understanding the Integrated Accessibility Standards Regulation” training booklet and will be required to acknowledge that they have read and understood the Integrated Accessibility Standards Regulation. A brief questionnaire has also been provided at the conclusion of the booklet to allow readers to test their knowledge and understanding of what they have learned.
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Sustainability Implications Creating barrier-free communities through accessibility planning will enhance the County’s goal of sustainability in both the social and economic pillars of the County’s sustainability plan. As stated in Directions for Our Future, social sustainability is based on equity, diversity, connectivity, democracy and a good quality of life. It further states that economic development takes health, community, education, and environmental and social objectives into account.
Financial Implications There are no direct financial implications associated with this report.
Organizations, Departments and Individuals Consulted and/or Affected Frontenac Accessibility Advisory Committee All County of Frontenac employees, volunteers and Members of County Council
Attachments Appendix A – Understanding the Integrated Accessibility Standards Regulation
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