Item - 2011.EX6.2

Tracking Status

  • City Council adopted this item on June 14, 2011 without amendments.
  • This item was considered by Executive Committee on May 24, 2011 and was adopted with amendments. It will be considered by City Council on June 14, 2011.
  • See also By-laws 817-2011, 818-2011

EX6.2 - Whistle Blower Protection Policy

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on June 14 and 15, 2011, adopted the following:

 

1.               City Council adopt the Whistle Blower Protection Policy as attached in Appendix 1 of the report (May 9, 2011) from the City Manager.

 

2.               City Council authorize the City Solicitor to prepare and introduce in Council any bills required to enact the Whistle Blower Protection Policy as a by-law under the City of Toronto Municipal Code.

 

3.        City Council authorize the City Manager, in consultation with the Auditor General and the City Solicitor, to amend the Fraud Prevention Policy as required to reflect the new Whistle Blower Protection Policy and by-law.

 

4.        City Council request the City Manager to consult with the Accountability Officers and report to Council on the implications of this policy and by-law as it relates to the Accountability Officers.

 

 5.       City Council request the City Manager to conduct an annual review of the Whistle Blower Protection Policy and present the review to City Council, through the Executive Committee.

 

6.        City Council request the City Manager to review the concerns of COTAPSA and submit any recommendations deemed appropriate, to be included as an addendum to the Whistle Blower Protection Policy, to the Executive Committee at its meeting on October 3, 2011.

 

7.        City Council request the City Manager to review the Whistle Blower Protection Policy with the City's Agencies, Boards and Commissions and include in his report to the Executive Committee on October 3, 2011, those Agencies, Boards and Commissions which have agreed to implement the policy.

Background Information (Committee)

(May 9, 2011) Whistle Blower Protection Policy
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-38131.pdf
(May 9, 2011) Appendix 1 - Whistle Blower Protection Policy
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-38132.pdf

Communications (Committee)

(May 24, 2011) Letter from Richard Majkot, COTAPSA (EX.New.EX6.2.1)
https://www.toronto.ca/legdocs/mmis/2011/ex/comm/communicationfile-22175.pdf

Communications (City Council)

(June 13, 2011) E-mail from Miguel Avila (CC.New.EX6.2.2)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-14-2011 10:30 AM

Result: Carried Majority Required - EX6.2 - Adopt the item
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Ana Bailão, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Maria Augimeri, Shelley Carroll, Ron Moeser, David Shiner, Karen Stintz

EX6.2 - Whistle Blower Protection Policy

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.               City Council adopt the Whistle Blower Protection Policy as attached in Appendix 1 of the report (May 9, 2011) from the City Manager.

 

2.               City Council authorize the City Solicitor to prepare and introduce in Council any bills required to enact the Whistle Blower Protection Policy as a by-law under the City of Toronto Municipal Code.

 

3.        City Council authorize the City Manager, in consultation with the Auditor General and the City Solicitor, to amend the Fraud Prevention Policy as required to reflect the new Whistle Blower Protection Policy and by-law.

 

4.        City Council request the City Manager to consult with the Accountability Officers and report to Council on the implications of this policy and by-law as it relates to the Accountability Officers.

 

 5.       City Council request the City Manager to conduct an annual review of the Whistle Blower Protection Policy and present the review to City Council, through the Executive Committee.

 

6.        City Council request the City Manager to review the concerns of COTAPSA and submit any recommendations deemed appropriate, to be included as an addendum to the Whistle Blower Protection Policy, to the Executive Committee at its meeting on October 3, 2011.

 

7.        City Council request the City Manager to review the Whistle Blower Protection Policy wth the City's Agencies, Boards and Commissions and include in his report to the Executive Committee on October 3, 2011, those Agencies, Boards and Commissions which have agreed to implement the policy.

 

Origin

(May 9, 2011) Report from the City Manager

Summary

 

The purpose of this report is to recommend the implementation of the attached Whistle Blower Protection Policy for the Toronto Public Service as requested by the Executive Committee on March 21, 2011.

 

The Fraud Prevention Policy issued by the City Manager on March 12, 2007, contains a whistle blower protection clause.  The proposed Whistle Blower Protection Policy clarifies the protection from reprisal provided to City of Toronto employees and compliments the Fraud Prevention Policy which provides mechanisms for reporting instances of fraud to the Auditor General.  The policy will protect employees of the City from reprisal who make a good faith report of fraud and extend that protection to employees who report wrongdoing including waste and gross mismanagement.

 

Background Information

(May 9, 2011) Whistle Blower Protection Policy
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-38131.pdf
(May 9, 2011) Appendix 1 - Whistle Blower Protection Policy
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-38132.pdf

Communications

(May 24, 2011) Letter from Richard Majkot, COTAPSA (EX.New.EX6.2.1)
https://www.toronto.ca/legdocs/mmis/2011/ex/comm/communicationfile-22175.pdf

Speakers

Richard Majkot, Executive Director, The City of Toronto Administrative, Professional, Supervisory Association Inc. (COTAPSA)

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Michael Thompson (Carried)

That City Council request the City Manager to conduct an annual review of the Whistle Blower Protection Policy and present the review to City Council, through the Executive Committee.


2 - Motion to Amend Item (Additional) moved by Councillor Mike Del Grande (Carried)

That City Council request the City Manger to review the concerns of COTAPSA and submit any recommendations deemed appropriate, to be included as an addendum to the Whistle Blower Protection Policy, to the Executive Committee at its meeting on October 3, 2011.


3 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council request the City Manager to review the Whistle Blower Protection Policy wth the City's Agencies, Boards and Commissions and include in his report to the Executive Committee on October 3, 2011, those Agencies, Boards and Commissions which have agreed to implement the policy.


4 - Motion to Adopt Item as Amended moved by Councillor Michael Thompson (Carried)
Source: Toronto City Clerk at www.toronto.ca/council