City of Owen Sound Presentation to Council

Municipal Act, 2001 (Bill 130)
Legislative Requirements
as of January 1, 2008
Presentation to Owen Sound City Council
November 19, 2007

Glen Henry, C.M.O., Director of Corporate Services
Marion Koepke, C.M.O., City Clerk


TOPICS TO BE DISCUSSED
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General Overview
“MANDATORY POLICIES” (January 1, 2008)

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Closed Meeting Complaints and Meeting Investigator
Public Notice
Sale and Disposal of Land
Hiring of Employees
Procurement of Goods and Services

Accountability and Transparency
Delegation of Powers
Agencies, Boards, Commissions/Committees –
Accountability and Transparency
Notice Requirements in the Procedure By-law


“OPTIONAL POLICIES”
Code of Conduct and Integrity Commissioner
 Ombudsman
 Auditor General
 Lobbyist Registry
 Presiding Officer
 Financial Administration
 Corporations and Municipal Service Boards
 Fees and Charges
 Licensing
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General Overview
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Policies and/or By-laws to be adopted by
January 1, 2008 dealing with mandatory topics
Report to Council dated April 19, 2007
(Attachment 1)
Powers of Municipal Council

 Mandatory

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and Optional Requirements

Related Bill 130 Items
Table Format of Report
 Topic
 Issues

to Consider
 Staff Comments
 Recommendations
 Attachments


Closed Meeting Complaints and
Meeting Investigator
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Revised Municipal Act, 2001 enables any person to
request that an investigation of whether a municipality or

local board has complied with either the statutory
requirement for closed meeting or a Procedure By-law
As of Jan. 1,2008 all municipalities shall have a “noncourt” process in place whereby any person may request
an investigation into closed meetings of Council and its
local boards/committees
As of Jan.1, 2008 all municipalities shall appoint an
investigator charged with independently investigating
whether the City or its local boards/committees have
complied with closed meeting rules as outlined in
legislation or in the City’s Procedure By-law
If investigator has not been appointed such
responsibilities will fall to the Ontario Ombudsman


Closed Meeting Complaints and
Meeting Investigator
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Investigator must be:
 Independent
 Impartial
 Maintain

confidentiality
 Maintain credibility of the investigative
process


Closed Meeting Complaints and
Meeting Investigator

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“Local Board”
Does not include Police Services Board or
Public Library Board

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“Committee”
An advisory or other committee, subcommittee or similar entity of which at least
50% of the members are also members of
one or more Councils or Local Boards


Closed Meeting Complaints and
Meeting Investigator
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Meeting Investigator Requirement applies to:
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City Council
Owen Sound Municipal Non-Profit Housing Corporation (under
review)
Owen Sound Housing Company (under review)
Tom Thomson Memorial Art Gallery Board
Downtown Improvement Area Board
Escarpment Centre Ontario (ECO) Board
Budget Committee
Financial Advisory Committee
Tourism Advisory Committee
Environmental Waste Advisory Committee
Land Bank Advisory Committee
By-law Committee


Closed Meeting Complaints and
Meeting Investigator
OPTION 1
 Appoint Investigator on Own (by Jan 1/08)
 Investigator

would likely be familiar with Owen Sound
 Council involved in recruitment and selection process
 Terms of Reference must be prepared
 Complaint process to be in place
 Council could be criticized for selecting an individual
who is “sympathetic” to Council
 Costs negotiated

 Agreement to be signed
 Appointment could be part-time, full-time
or on-call


Closed Meeting Complaints and
Meeting Investigator
OPTION 2
 Appoint Joint Investigator (by Jan 1/08)
 Seek

partners to share an investigator
 Willing partners need to be determined
 Surrounding municipalities have not pursued
this option
 Grey County selection is LAS


Closed Meeting Complaints and
Meeting Investigator
OPTION 3
 Execute an agreement with AMO Program
managed by LAS (Local Authority Services)
(by Jan 1/08)
 3rd

party company – Amberley Gavel Ltd.
 2 year contract with 90 day termination notice
 Annual retainer fee of $600 plus $1,250 per day
based on an 8 hour day or an hourly rate if less

than on day (minimum fee of ½ day) plus
expenses



Closed Meeting Complaints and
Meeting Investigator
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LAS investigation request process in place
 Identifies

responsibilities of municipality, Amberley
Gavel Ltd. And LAS

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Solicitor could review any contract agreement to
ensure it includes:
 Provisions

to guard against unreasonable costs
and/or delay in investigation process
 Municipal ability to request change to Review Officer
if conflict exists
 Duties and procedures of Review Officer to be
included in agreement
 Indemnity clause if the agreement is amended

Closed Meeting Complaints and
Meeting Investigator
OPTION 4
 Default to the Ontario Ombudsman
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If investigator not appointed by Dec. 31/07 enquiries undertaken
by Ontario Ombudsman
Sophisticated investigation process in place
Generally anonymous complaints will not be investigated
Generally Ombudsman will not investigate complaints
retroactively
Ombudsman has discretion over what will be investigated
Investigations conducted at no charge to municipality or
complainant
Municipality is at arms length from investigation
Public reporting of opinion and reasons and makes
recommendations deemed appropriate
No ability to impose sanctions or penalties


Closed Meeting Complaints and

Meeting Investigator
If Ombudsman used there could be
negative local perception of Provincial
involvement in municipal operations
 Ombudsman staff may need to gain better
knowledge of municipal context
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Closed Meeting Complaints and
Meeting Investigator
Council needs to determine if a fee will be
charged for an investigation
RECOMMENDATION:
 Option 3 (LAS)
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 Timeline

requirement of Jan 1/08
 Process already established


Public Notice
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Revised Municipal Act, 2001 requires all
municipalities to adopt and maintain policies for
circumstances in which the City shall provide
notice to the public including the form, manner
and times notice shall be given
Notice provisions now broader
Can be adopted in a policy
Need to identify form, manner and times notice
shall be given
In many cases requirements for public
meetings have been removed


Public Notice
Notice provisions being recommended to
be adopted in a Policy
 Table (pages 8-13) outlines relevant
sections of Act, topic, and
recommendations for notice
 Table (Attachment 3) identifies
changes/revisions to the Act for sections
and topics
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Public Notice
City of Owen Sound By-law 2005-028
(Attachment 2) established notice provisions
under former regulations of Municipal Act

 Feel accountability and transparency has been
established with enactment of By-law 2005-028
and most provisions should remain
 Keep general intent of 2 weeks notice of
adoption of By-laws under this legislation
RECOMMENDATION:
 Repeal By-law 2005-028 and replace with
Policy CC29 (Attachment 4)
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Sale and Disposal of Land
Revised Municipal Act, 2001 requires
policy be adopted regarding sale and
disposal of land
 By-law 2005-029 (Attachment 5) enacted
by Council meets requirements of Bill 130
RECOMMENDATION:
 Prepare By-law to re-enact By-law
respecting sale and disposal of land
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Hiring of Employees
Revised Municipal Act, 2001 requires policy be adopted
regarding hiring of employees
 Comprehensive staffing policy (Attachment 6) and
procedure already in place
 Policy applies not only to staff but elected officials which
addresses expanded accountability and transparency

requirements of Bill 130
 Inclusion of elected officials could also be included in a
Code of Conduct for Council members
RECOMMENDATION:
 Policy AS18 respecting hiring of employees remain in
effect
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Procurement of Goods and
Services
Revised Municipal Act, 2001 requires policy be
adopted regarding procurement of goods and
services
 Comprehensive Purchasing By-law 2000-120
(Attachment 7) already in place that meets
requirements of Bill 130
RECOMMENDATION:
 By-law 2000-120 Procurement By-law remain in
effect
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Accountability and Transparency
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Revised Municipal Act, 2001 requires development of a
policy regarding the manner in which the municipality will

try to ensure it is accountable to the public for its actions
and that its actions are transparent to the public
“Accountable”
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Principle that the City is responsible to its stakeholders for
decisions made and policies implemented as well as its actions
or inactions

“Transparent”
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Principle that the City actively encourages and fosters
stakeholders participation and openness in its decision making
process. Additionally, transparency means that the City’s
decision making process is open and clear to the public


Accountability and Transparency
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Accountability and Transparency Provisions:
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Practices and Procedures (Procedure By-law, Minutes, Open Meetings, Access
to Agendas)
Municipal Conflict of Interest Act
Bill 130 Tools (Code of Conduct, Lobbyist Registry, Meeting Investigator, Auditor
General) for Council and local boards
Municipal Freedom of Information and Protection of Privacy Act
OMBI and Other Performance or Outcome Measurements and Reporting
Requirements
Public Notice and Meeting Requirements
Delegation of Authority By-law
Strategic Plan
Operating and Capital Budgets
Procurement Policy
Public Sector Accounting Board (PSAB) Provisions
Development Charges, Fees/Charges By-law
Open Meetings, Public Consultation Measures
Governance Review

Accessibility and Customer Service Goals
Policy Regarding Employment of Relatives
Performance Review Program
Complaint and Feedback Process


Accountability and Transparency
Accountability and Transparency Policy
should become “umbrella policy”
RECOMMENDATION:
 Adopt Policy CC28 (Attachment 8) as
Accountability and Transparency Policy
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