Body: Council Type: Agenda Meeting: Special Date: November 24, 2021 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC SPECIAL COUNCIL MEETING AGENDA
Audio Broadcast to the Township’s Facebook Page https://www.facebook.com/SouthFrontenacTwp TIME: DATE: PLACE: Chambers.
7:00 PM, Wednesday, November 24, 2021 Electronic Participation/Council
Call to Order and Roll Call
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
By-laws
a)
By-law 2021-70 - Appoint a Council Member
Declaration of Office
a)
Newly appointed Councillor John McDougall will take the declaration of office.
Reports Requiring Action
a)
Vaccination Policy
Reports for Information - n/a
Information Items - n/a
Notice of Motions
Announcements/Statements by Councillors
Question of Clarity (from the public on outcome of agenda items)
Closed Session
a)
Resolution - Council will move into a closed session as permitted by the Municipal Act, Section 239.2 (b) to discuss personal matters about an identifiable individual, including municipal or local board employees with respect to organizational development, and Section 239.2 (d) to discuss matters related to labour relations or employee negotiations.
b)
Organizational Development Recommendations
c)
Resolution - Move out of Closed Session
3
4 - 14
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Confirmatory By-law
a)
By-law 2021-71
Adjournment
a)
Resolution Natural, Vibrant and Growing - A Progressive Rural Leader
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-70 A BY-LAW TO APPOINT JOHN MCDOUGALL TO THE OFFICE OF COUNCILLOR, IN ACCORDANCE WITH SECTION 263 (1) OF THE MUNICIPAL ACT. WHEREAS on October 19, 2021 the Council of the Corporation of the Township of South Frontenac declared the office filled by Councillor Pat Barr to be vacant in accordance with Section 262(1) of the Municipal Act and, WHEREAS Section 263 (1) of the Municipal Act, as amended, provides that if a vacancy occurs in the office of a member of council, the municipality shall, fill the vacancy by appointing a person who has consented to accept the office if appointed; or require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act and, AND WHEREAS Council has considered the options available to them on how to fill the vacancy, AND WHEREAS Council has completed the process they approved in order to recruit a candidate to fill the vacancy. NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
John McDougall is hereby appointed as Councillor on the Council of the Corporation of the Township of South Frontenac for the remainder of the term of Council.
All other by-laws, resolutions or action of Council that are not consistent with or which are contrary to the provisions of this by-law are hereby repealed.
This by-law shall come into force and take effect on November 24, 2021.
Dated at Sydenham this 24 day of November 2021. Read a first and second time this 24 day of November 2021. Read a third time and finally passed this 24 day of November 2021.
The Corporation of the Township of South Frontenac
Mayor Ron Vandewal
Angela Maddocks, Clerk
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To: Council Prepared by: Office of the Chief Administrative Officer Date of Meeting: November 24, 2021 Subject: Vaccination Policy Recommendation
Summary This report on behalf of the Township’s Emergency Control Group recommends the adoption of an attached COVID-19 Vaccination Policy. This policy would apply to all Township employees, including committee volunteers, volunteer fire fighters and members of Council.
Recommendation That Council adopt Policy HR-023, being a COVID-19 Vaccination Policy for the Township of South Frontenac, as attached to this report.
Background Throughout the Pandemic the Township has demonstrated its ongoing commitment to ensuring the health and safety of all its Employees and members of the public. In August of this year, the Ontario government, through the Chief Medical Officer of Health, issued a directive mandating hospitals and home and community care service providers to have a COVID-19 vaccination policy for employees, staff, contractors, students and volunteers, and for ambulance services to have a COVID-19 vaccination policy for paramedics. At a minimum these policies required those individuals to:
Provide proof of full vaccination against COVID-19; Provide a medical reason for not being vaccinated against COVID-19; or Complete a COVID-19 vaccination educational session.
Individuals who do not provide proof of full vaccination against COVID-19 are being required to undertake regular antigen testing, which is similar to the vaccination policy requirements put in place for long-term care homes earlier in the year.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 5 of 15 Township of South Frontenac Staff Report - Vaccination Policy Recommendation
Since that time, the province has given no indication that it will mandate vaccinations or vaccination policies for Municipalities or other public sector employers; however, many including law enforcement, municipal governments and educational institutions have enacted such policies with the support and recommendation of local public health officials. On October 21, 2021, Kingston Frontenac Lennox & Addington Public Health (KFLAPH) issued a letter recommending that all employers implement a mandatory vaccination policy. By this time, the four (4) Frontenac Townships were already collaborating on the development of a policy for review by their Emergency Control Groups. With case numbers at an all-time high in KFL&A, the Township’s Emergency Control Group is recommending that Council adopt the attached policy in order to better protect the health and safety of its employees and those they may come into contact with through the course of performing their duties.
Discussion/Analysis While not identical to the other Frontenac policies, the recommended policy addresses all the recommendations from KFLAPH and observes best and consistent practices in accordance with the Province’s COVID-19 Guidance Document with respect to full vaccination, rapid antigen testing, education and human rights. For volunteer firefighters, the policy is consistent with other first responders in the region. If Council approves the draft Policy on November 24th, 2021, all Employees will have to provide proof of full vaccination by January 17th, 2022 or be subject to regular rapid antigen testing. Highlights of the Policy The policy has been developed in order to protect Township employees and the public, while observing the human rights of all those it applies to, and considering the administrative and operational capacities of the Township. Highlights of the policy are as follows:
Applies to all employees, including students and volunteer fire fighters, as well as members of Council and committee volunteers;
Recognizes medical and creed-based exemptions;
Provides sufficient time for unvaccinated individuals to become fully vaccinated before the policy takes effect;
Permits twice-weekly rapid antigen testing for those who are not fully vaccinated;
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 6 of 15 Township of South Frontenac Staff Report - Vaccination Policy Recommendation
Requires those unvaccinated individuals without a medical or creed exemption to complete an education program and to cover the cost of rapid antigen testing;
Prescribes suspension without pay for all employees who fail to provide proof of full vaccination or regular antigen tests;
References Council’s Code of Conduct in addressing any failure to comply on the part of members of Council;
Addresses the protection of personal information in accordance with legislation;
Mandates full vaccination for volunteers serving on statutory committees; failing which, only virtual participation is permitted;
Rapid Antigen Testing In accordance with the Ontario COVID-19 Guidance Document – Considerations for Antigen Point-of-Care Testing (POCT): the most appropriate use for antigen POCT is for frequent, repeated screening of asymptomatic individuals. Screening should be performed at least one time per week, and up to 2-3 times per week for individuals who are not fully vaccinated. The Township’s ECG determined that the optimal frequency would be 2 times per week on Mondays and Thursdays to allow for advance scheduling and administration of receipt of the tests. New Employees New Employees hired after the Vaccination Policy is approved by Council would be required to have been fully vaccinated for at least 14 days to be eligible for employment, subject only to the duty to accommodate under the Ontario Human Rights Code for specific medical and creed-based exemptions as noted above. Contractors While some organizations have elected to extend their policy to contractors, the ECG has determined that the nature of the majority of Township contracts do not warrant extension of the policy due to the lack of public or indoor contact that occurs through the course of delivering services on behalf of or for the Township.
Financial Implications The Provincial Antigen Screening Program (PASP) provides free Antigen Rapid Test kits to high-risk communities, organizations and workplaces, including Municipalities; however, www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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because of the challenge of administering those tests to ensure their validity and the risk posed by potentially contagious individuals coming into the workplace for the test, the policy requires individuals to obtain verifiable tests at their own cost before submission to Human Resources. As noted, those with a medical or creed-based exemption would be eligible to have those costs reimbursed. It should also be noted that the policy will create additional workload for the HR office associated with proof of vaccination confidential and secure record keeping, and administration of regular antigen testing.
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan.
Notice/Consultation
SFT Emergency Control Group Frontenac Townships Frontenac County Kingston Frontenac Lennox & Addington Public Health Jillian Wilson, Human Resources & Legislative Compliance Officer Greg Dobney, Cunningham Swan
Attachments
DRAFT Vaccination Policy No. HR-023
Approvals Submitted/Approved By:
Neil Carbone Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 8 of 15 Township of South Frontenac Policy DEPARTMENT:
POLICY #: HR-023
Human Resources POLICY: COVID-19 Prevention & Vaccination Policy DATE:
REV. DATE:
Scope: All Township Personnel
November 1, 2021
Pages 5
APPROVED BY:
- OVERVIEW This Policy is intended to safeguard the health of our Township Personnel, contractors, vendors, residents, and any other stakeholders; and the community at large from illness caused by COVID-19, which can be debilitating or life-ending. Vaccinations reduce the chance that a person will become severely ill if they contract COVID-19. This Protocol is based on guidance from the World Health Organization, Public Health Services of Canada, Ontario, and KFL&A Public Health. This Policy applies to all South Frontenac Township Personnel (as defined below), in accordance with the Ontario Human Rights Code which will allow limited exemptions to this policy on the basis of disability (medical), or creed.
- DEFINITIONS Township Personnel: All employees, members of Council, Volunteer Fire Fighters, and summer/co-op students employed by the Township. Committee Volunteers: Any individuals who are formally appointed by Council to any committee of Council including but not limited to appointees to Committee of Adjustment, Heritage Committee, Police Services Board, Museum Committee and Recreation Committees. Creed: In accordance with the Ontario Human Rights Code [220], Creed is interpreted to mean “religious creed” or “religion”. It is defined as a professed system and confession of faith, including both beliefs and observances of worship. Effective date: January 17, 2022 Vaccine: Any vaccine against COVID-19 that is approved by Health Canada 1
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Fully Vaccinated: having received the full series of a COVID-19 vaccine or combination of COVID-19 vaccines approved by Health Canada (e.g., two doses of a two-dose COVID-19 vaccine series, or one dose of a single-dose COVID-19 vaccine series); and having received the final dose of the COVID-19 vaccine at least 14 days ago. 3. PROOF OF FULL VACCINATION REQUIRED South Frontenac is committed to ensuring a safe workplace and community. In so doing, it will require all Township Personnel and Committee Volunteers as defined herein to be fully vaccinated against COVID-19, as recommended by the Ministry of Health and Ontario’s Chief Medical Officer of Health (CMOH), with limited exemptions. As of the effective date of this policy, all Township Personnel and Committee Volunteers must provide proof of being fully vaccinated against COVID-19. Personal documentation on vaccination status can be retrieved from the Ministry of Health by visiting https://COVID19.ontariohealth.ca. Documentation must be submitted to Human Resources by the effective date. This will be confidentially stored in accordance with privacy legislation. 4. PRECLUSIONS FROM IMMUNIZATION/DUTY TO ACCOMMODATE 4.1. The Township recognizes its duty to accommodate those who are unable to be vaccinated for medical reasons. Accordingly, certain persons, as it relates to their own medical circumstances, may not be able to receive the vaccine at this time. Medical documentation to support this medical exemption shall be required. Such exemption shall be in the form of written proof of a medical reason, provided by a physician or registered nurse that sets out: a)
a documented medical reason for not being fully vaccinated against COVID19, and
b)
the effective time-period for the medical reason;
Current Medical Exemptions to the Covid-19 Vaccine can be found here: Medical Exemption Guidance (gov.on.ca) 4.2. The Township recognizes its duty to accommodate those who are unable to be vaccinated for reasons of creed, in accordance with the Human Rights Code. In order to qualify for exemptions on the basis of creed, individuals will need to make application to Human Resources, in writing, and a decision will be assessed and reached in conjunction with the guiding factors outlined in the Page 2 of 5
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OHRC (Policy on preventing discrimination based on creed | Ontario Human Rights Commission (ohrc.on.ca). The Township reserves the right to request further documentation from individuals seeking an accommodation on the basis of creed if necessary in order to make a determination based on the OHRC guiding factors. 5. EDUCATION With the exception of individuals with a valid and approved medical or creed based exemption, individuals who are not fully vaccinated in accordance with this policy will be required to complete an educational program, provided by the Township within 2 weeks following the effective date, consistent with the Ministry of Health recommendations. Proof of completion will be required. 6. NEW EMPLOYMENT Only fully vaccinated individuals, or individuals with a medical or creed exemption, will be offered employment with the Township following the adoption of this policy by Council. Newly hired individuals will be required to provide proof of being fully vaccinated or proof of a valid medical/creed exemption to the COVID-19 vaccine. 7. ACCESS TO COVID-19 VACCINATION CLINICS The Township will continue to support Township Personnel who are unable to obtain an appointment during non-work hours by permitting paid time off for the sole purpose of obtaining the vaccination. Township Personnel must coordinate with their supervisor and provide the date/time of the appointment. After receiving the vaccination, Township Personnel must return to work and submit proof of vaccination. 8. CONTINUED ADHERENCE TO PUBLIC HEALTH MEASURES All Township Personnel are required to practice Public Health measures to control the spread of COVID-19 regardless of their vaccination status. Township Personnel must adhere to the Township’s health and safety protocols at all times while in the workplace, including handwashing, physical distancing where possible, and the use of Personal Protective Equipment as required by their position.
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- ALTERNATIVE TO PROOF OF FULL VACCINATION All Township Personnel and Committee Volunteers shall be given until the effective date of this policy to provide proof of being fully vaccinated, or have an approved reason for exemption from vaccination as outlined above. After the effective date all Township Personnel and Committee Volunteers who are not fully vaccinated or do not have an approved medical or creed based exemption, will be deemed to be un-vaccinated for the purposes of this policy. Any Township Personnel who are not fully vaccinated as of the effective date, or who have an approved medical or creed based exemption are required to undergo rapid antigen testing on Monday and Thursday every week, with results being provided to Human Resources the same day. Those who have an approved exemption will be eligible to submit an expense claim for any costs incurred for the antigen testing. For Committee Volunteers, rapid antigen testing will not be accepted as an alternative to proof of being fully vaccinated unless it is the result of an individual’s medical or creed-based exemption as determined by the Township. See Section 11. Regarding the consequences of failure to comply with this policy.
- POSITIVE ANTIGEN RAPID TEST A positive result on an Antigen Rapid Test is considered a preliminary positive. Any Township personnel who receive a positive result, shall follow the below steps: 10.1. Do not attend work and report to HR (or designate) immediately; 10.2. Get a laboratory-based Polymerase Chain Reaction (PCR) test to act as a confirmatory test as soon as possible (ideally within 48 hours); 10.3. If the PCR test is positive, you shall follow Public Health Guidelines on isolation; 10.4. If the PCR test is negative, you may return to work, if Public Health recommends it and if you answer no to all the questions in the Township’s confidential Covid-19 Screening Questions and continue following Public Health Guidelines.
- FAILURE TO COMPLY WITH POLICY 11.1. For all Township employees including Summer and Co-op Students, failure to comply with this policy will result in Disciplinary Action, starting with immediate Page 4 of 5
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suspension without pay, up to and including termination of employment for cause, in accordance with Policy # HR-010 Progressive Discipline. 11.2. For all Volunteer Fire Fighters, failure to comply with this policy will result in Disciplinary action, starting with immediate suspension without pay, and may result in termination of employment for cause in accordance with SOP 106Change in Employment Status and Leave of Absence 11.3. Any Member of Council who fails to comply with this policy is not permitted to attend any meetings or other official event of the Township, in person; and further, may be subject to investigation and penalty in accordance with Council’s Code of Conduct. 11.4. For all Committee Volunteers, failure to comply with this policy will result in volunteers being permitted to attend Committee meetings and/or other official committee events by virtual means only, failing which, Council may remove those individuals from said Committee positions. 12. CONFIDENTIALITY Information relating to an individual’s proof of vaccination and/or the reason for exemption will be stored confidentially with Human Resources, in accordance with PIPEDA and MFIPPA. The information will not be disclosed except as may be required for the purposes of;
applying and enforcing this policy; ensuring the safety of individuals in the event of a COVID-19 outbreak, ensuring every reasonable precaution is taken to protect the health and safety of Township Personnel; or, otherwise may be required by law
- ADHERENCE TO LEGISLATION This policy adheres to legislative requirements on the date of its approval by Council. If any changes to legislation are introduced, and this policy is deemed to not comply, legislation shall prevail. This policy will be reviewed at the earliest of:
June 1, 2022 The local State of Emergency is lifted in the Township Public Health agencies declare the end to the COVID-19 pandemic
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RECOMMENDATIONSFOR ESTABLISHINGA COVID-19 WORKPLACE VACCINATIONPOLICY:
KFL&APublic Health staff have revied best practices and what other jurisdictions in Ontario have done and have prepared the following:
THEREFORE BE IT RESOLVED that Kingston, Frontenac, and Lennox & Addington Public Health calls upon local organizations to implement a vaccination policy that encourages all staff be fully vaccinated against COVID-19 with proof of vaccination or related medical exemption. We understand that each organization has to review their individual situation, their current employee vaccination rate and take into consideration operational issues, so while some will make it COVID -19 vaccination a condition of employment others may elect not to go that far, however we would like to see all organizations document their policy.
WHEREAS vaccine policy is a major component targets necessary to prevent transmission
WHEREAS high rates of COVID-19 vaccination are required to prevent further transmission in the community
WHEREAS COVID-19 vaccine is one of the best ways to protect against the risks of COVID19
WHEREAS COVID-19 illness continues health emergency
n September 22, 2021, the KFL&A Board of Health passed the following motion:
The Board of Health at Kingston, Frontenac, and Lennox & Addington (KFL&A)Public Health is strongly recommending that all local organizations consider implementing workplace vaccination policies requiring employee vaccination to protect their employees’ and the public from COVID-19 either as universal or risk-based policies. A risk-based approach may be considered for enclosed indoor settings or when there is contact with vulnerable populations.
Dear Municipal Partners:
RE: Organizational
October 21, 2021
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-71 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON NOVEMBER 24, 2021 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2,subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, HEREBY ENACTS AS FOLLOWS: 1.
The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on November 24, 2021 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held November 24, 2021 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on November 24, 2021 except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
This By-law shall come into force and take effect on the date of its passage.
Read a first and second time this 24 day of November, 2021. Read a third time and finally passed this 24 day of November, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
