Item - 2009.EX31.1
Tracking Status
- City Council adopted this item on April 29, 2009 with amendments.
- This item will be considered by Executive Committee on April 7, 2009. It will be considered by City Council on April 29, 2009, subject to the actions of the Executive Committee.
- See also By-law 1098-2009
EX31.1 - A Policy Framework for Toronto's Accountability Officers
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on April 29 and 30, 2009, adopted the following:
1. City Council adopt the Policy Framework as summarized in Appendix 1 of the report.
2. The policy provisions related to fixed term, appointment, renewal and removal from office, and remuneration, come into effect for future accountability officer appointments, except where these provisions are already contractually in place for current permanent incumbents.
3. City Council establish a new Toronto Municipal Code Chapter for the accountability officers, reflecting the substance of provisions described in sections 2C and 2D and summarized in Appendix 1 of this report.
4. City Council move Article VI, Auditor General and Article XIII Ombudsperson from Municipal Code Chapter 169, City Officials, to the new Municipal Code Chapter, renaming Article XIII, Ombudsman, for consistency with the wording of the City of Toronto Act, 2006.
5. City Council repeal § 140-33A. and B (8) and (10) of Municipal Code Chapter 140, Lobbying, and replace them with the provisions described in section 2D of this report and summarized in Appendix 1.
6. City Council amend § 27-99 of Municipal Code Chapter 27, Council Procedures, to provide for a 2/3 vote of all Members of City Council respecting the appointment and removal of the accountability officers, and amend § 27-62B to enable the accountability officers to submit reports directly to City Council in accordance with the provisions outlined in section 5 of Appendix 1.
7. City Council amend § 169-5 of Municipal Code Chapter 169, City Officials, to provide that the City Manager does not appoint, promote, demote, suspend and dismiss the officials named in Part V of the City of Toronto Act, 2006 or their staff; and amend § 169-7 to provide that the City Manager shall not recommend the appointment and dismissal to City Council of the officials named in Part V of the City of Toronto Act, 2006.
8. City Council amend Municipal Code Chapter 217, Corporate Records, by adding the words “Integrity Commissioner, Lobbyist Registrar, Ombudsman,” after the word “Solicitor” in Subsection (2) of the definition of Division Head in § 217-4A.
9. City Council authorize the City Solicitor to prepare and introduce in Council any bills required to enact the Policy Framework, generally in accordance with the report recommendations and policy provisions described in sections 2C and 2D of this report and summarized in Appendix 1.
10. City Council request the accountability officers, in consultation with the City Manager and City Solicitor, to develop a Conflict of Interest Policy and Code of Conduct for the accountability officers and their staff, for Council’s approval by the end of 2009; and require that the City’s Conflict of Interest Policy continue to apply until such time as a Conflict of Interest Policy and Code of Conduct for the accountability officers and their staff is approved by Council.
11. City Council authorize the City Manager, in consultation with the City Solicitor, to develop standard terms of employment for Toronto’s accountability officers consistent with the provisions outlined in section 2D of this report and summarized in Appendix 1, to give effect to Council’s decisions respecting future appointments of its accountability officers.
12. City Council authorize the City Manager, in consultation with the City Solicitor, to bring forward amendments to Council-approved policies as required in order to implement the Policy Framework.
13. City Council authorize the City Manager and Deputy City Manager and Chief Financial Officer, in consultation with the accountability officers, to review and research best practices respecting setting aside a percentage of the City’s budget for Toronto’s accountability functions and report back to Executive Committee.
14. City Council request the Accountability Officers to inform Council of the requirements, contents and timing of their annual reports.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2009/ex/bgrd/backgroundfile-19953.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-20619.pdf
Motions (City Council)
Motion 1 - That:
1. Because the Ombudsman, the Lobbyist Registrar and Integrity Commissioner present their Annual Report directly to City Council, they should be tabled as “Action” reports rather than “Information" reports.
2. The City Manager be requested to report to the Executive Committee on the role of the Accountability Officers as it applies to the Agencies, Boards and Commissions.
Speaker Bussin ruled Part 2 of motion 1 by Councillor Moscoe out of order because that matter is addressed within the Item being considered.
Motion 2 - That:
1. The Accountability Officers be requested to inform Council of the requirements, contents and timing of their annual reports.
2. The Speaker and City Clerk be requested to identify an appropriate agenda slot for the annual reports of the Accountability Officers.
(Part 1 of motion 2 was carried, Part 2 was ruled out of order.)
Challenged by Councillor Frances Nunziata
EX31.1 - A Policy Framework for Toronto's Accountability Officers
- Consideration Type:
- ACTION
- Wards:
- All
Origin
Recommendations
The City Manager recommends that:
1. City Council adopt the Policy Framework as summarized in Appendix 1 of this report;
2. The policy provisions related to fixed term, appointment, renewal and removal from office, and remuneration, come into effect for future accountability officer appointments, except where these provisions are already contractually in place for current permanent incumbents;
3. City Council establish a new Toronto Municipal Code Chapter for the accountability officers, reflecting the substance of provisions described in sections 2C and 2D and summarized in Appendix 1 of this report;
4. City Council move Article VI, Auditor General and Article XIII Ombudsperson from Municipal Code Chapter 169, City Officials, to the new Municipal Code Chapter, renaming Article XIII, Ombudsman, for consistency with the wording of the City of Toronto Act, 2006;
5. City Council repeal § 140-33A. and B (8) and (10) of Municipal Code Chapter 140, Lobbying, and replace them with the provisions described in section 2D of this report and summarized in Appendix 1;
6. City Council amend § 27-99 of Municipal Code Chapter 27, Council Procedures, to provide for a 2/3 vote of all Members of City Council respecting the appointment and removal of the accountability officers, and amend § 27-62B to enable the accountability officers to submit reports directly to City Council in accordance with the provisions outlined in section 5 of Appendix 1;
7. City Council amend § 169-5 of Municipal Code Chapter 169, City Officials, to provide that the City Manager does not appoint, promote, demote, suspend and dismiss the officials named in Part V of the City of Toronto Act, 2006 or their staff; and amend § 169-7 to provide that the City Manager shall not recommend the appointment and dismissal to City Council of the officials named in Part V of the City of Toronto Act, 2006;
8. City Council amend Municipal Code Chapter 217, Corporate Records, by adding the words “Integrity Commissioner, Lobbyist Registrar, Ombudsman,” after the word “Solicitor” in Subsection (2) of the definition of Division Head in § 217-4A;
9. City Council authorize the City Solicitor to prepare and introduce in Council any bills required to enact the Policy Framework, generally in accordance with the report recommendations and policy provisions described in sections 2C and 2D of this report and summarized in Appendix 1;
10. City Council request the accountability officers, in consultation with the City Manager and City Solicitor, to develop a Conflict of Interest Policy and Code of Conduct for the accountability officers and their staff, for Council’s approval by the end of 2009; and require that the City’s Conflict of Interest Policy continue to apply until such time as a Conflict of Interest Policy and Code of Conduct for the accountability officers and their staff is approved by Council;
11. City Council authorize the City Manager, in consultation with the City Solicitor, to develop standard terms of employment for Toronto’s accountability officers consistent with the provisions outlined in section 2D of this report and summarized in Appendix 1, to give effect to Council’s decisions respecting future appointments of its accountability officers;
12. City Council authorize the City Manager, in consultation with the City Solicitor, to bring forward amendments to Council-approved policies as required in order to implement the Policy Framework; and
13. City Council authorize the City Manager and Deputy City Manager and Chief Financial Officer, in consultation with the accountability officers, to review and research best practices respecting setting aside a percentage of the City’s budget for Toronto’s accountability functions and report back to Executive Committee.
Summary
This report recommends a comprehensive policy framework for Toronto’s four accountability officers. The recommended framework breaks new ground in Canada. Based on characteristics of independence for comparable officers in other jurisdictions, the framework sets out their features of independence, accountability mechanisms, and the administrative and operational supports for their offices.
A separate Toronto Municipal Code chapter for the accountability officers is recommended to reinforce both their separation from the City administration and their independent status within the City’s governance system.
The policy framework supports the appropriate balance of independence in the officers’ decision making processes and accountability to Council for the management of their offices, and their performance in fulfilling their mandates.
Financial Impact
There are no financial implications.
Background Information
https://www.toronto.ca/legdocs/mmis/2009/ex/bgrd/backgroundfile-19953.pdf