Item - 2014.CC51.2

Tracking Status

  • City Council adopted this item on May 6, 2014 with amendments.

CC51.2 - Unrule(y) Behaviour: An Investigation into Toronto Community Housing Corporation's Human Resources Policies and Practices

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on May 6, 7 and 8, 2014, adopted the following:

 

1.         City Council adopt the Ombudsman's report (April 2014) and in so doing, request that Toronto Community Housing Corporation implement all of the recommendations.

  

Ombudsman Recommendations:

 

Taking into account all of the evidence gathered through this investigation I am making the following recommendations. These recommendations are due by March 31, 2015, unless otherwise specified:

1.         That Toronto Community Housing Corporation comply with its own policies, procedures, processes and protocols and that any changes made by the corporation to these matters be properly communicated to staff with the appropriate notice.

 

2.         That Toronto Community Housing Corporation consult with the Human Resources Division of the City of Toronto with respect to human resources policies and practices with a view to considering the best practices already developed by the City, and to identify opportunities to improve Toronto Community Housing Corporation's policies in a cost-effective and efficient manner.

 

3.         That Toronto Community Housing Corporation ensure its policies on record creation and record keeping with respect to human resources activities including those related to hiring, promotions and terminations accord with best practices, legal and policy provisions for public sector employers and that these policies are communicated to employees and followed.

 

4.         That the Conflict of Interest Policy be expanded to capture past business relationships and other personal associations, and to require the declaration of such relationships, and to implement guidance on managing such conflicts.

 

5.         That by March 31, 2015, Toronto Community Housing Corporation develop briefing materials and training programs for its senior executives respecting the Human Resources policies of the organization on recruitment, terminations and the expanded Conflict of Interest policy, and ensure that all new senior executives receive such training promptly.

 

6.         That Toronto Community Housing Corporation train all decision makers involved in hiring and promotions regarding the policies of the organization.

 

7.         That following the external job evaluation review, the Job Evaluation Committee be resurrected and returned to its role of reviewing job evaluations and providing guidance on job evaluation decisions in a timely fashion to protect the integrity and equity of the Toronto Community Housing Corporation compensation system.

 

8.         That Toronto Community Housing Corporation immediately suspend its use of its Employment Standards Act clause until it has been fully considered by both the executive leadership team and the Board of Directors and, if Toronto Community Housing Corporation decides to implement an Employment Standards Act clause that impacts employees, such changes be properly approved and appropriate notice be provided to all employees including transparency about the implications of the clause for both the employees and Toronto Community Housing Corporation.

 

9.         That the Board of Directors clarify, document and train every member of the Board about their obligations with respect to human resources matters.

 

10.       That the Chief Executive Officer ensure standardized information regarding recruitment is provided to the Governance and Human Resources Committee and the Board, so that both the Committee and the Board can be able to verify the suitability of the candidate and the integrity of the process.

 

11.       That by December 31, 2014, a confidential procedure be implemented to permit people who wish to complain about recruitment practices may do so in a timely manner without fear of reprisal and that central tracking of the issues raised and their outcomes be documented. Such information should be reported to the executive leadership team and the Board so that any systemic issues can be addressed. Further, the draft complaints procedure is to be provided no later than November 14, 2014 to my office for review.

 

12.       That by October 31, 2014, a status update be provided to my office on the implementation of these recommendations.

 

2.         City Council, in response to the April 25th request to City Council of the Toronto Community Housing Board and in recognition of the City's dual role of Shareholder and Service Manager for Toronto Community Housing Corporation, and to ensure the continuity of services to residents, request the City Manager to establish a City staff team to provide assistance to the Toronto Community Housing Board of Directors and its executive leadership team and the City Manager and the Acting Chief Executive Officer of Toronto Community Housing Corporation consider using third party human resource consultants to ensure the distinct roles of service manager and shareholder are maintained through this process.

City Council Decision Advice and Other Information

Fiona Crean, Ombudsman, gave a presentation to City Council on her Investigation Report.

Background Information (City Council)

(April 22, 2014) Covering report from the Ombudsman, submitting an Investigation Report into Toronto Community Housing Corporation's Human Resources Policies and Practices (CC51.2)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-68891.pdf
Unrule(y) Behaviour: Investigation Report from the Ombudsman into Toronto Community Housing Corporation's Human Resources Policies and Practices
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-68837.pdf
(May 5, 2014) Supplementary report from the City Manager on City of Toronto Transition Support for Toronto Community Housing (CC51.2a)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-69073.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Deputy Mayor Norman Kelly (Amended)

That City Council adopt the following recommendation contained in the supplementary report (May 5, 2014) from the City Manager [CC51.2a]:

 

1.         City Council, in response to the April 25th request to City Council of the Toronto Community Housing Board and in recognition of the City's dual role of Shareholder and Service Manager for Toronto Community Housing Corporation, and to ensure the continuity of services to residents, request the City Manager to establish a City staff team to provide assistance to the TCH Board of Directors and its executive leadership team.

 

Amended by motion 3 by Councillor Davis

Vote (Amend Item (Additional)) May-06-2014 4:09 PM

Result: Carried Majority Required - CC51.2 - Kelly - motion 1 as amended by motion 3 by Councillor Davis
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Josh Colle, Giorgio Mammoliti
Total members that were Absent: 2 Members that were absent are Vincent Crisanti, Rob Ford

2 - Motion to Amend Item (Additional) moved by Councillor Shelley Carroll (Lost)

That City Council direct the City Manager to report back to Council through the Executive Committee on a proposal for an affordable and limited Councillor participation in the Rotman School of Management Directors Education Program or similar accredited program.

Vote (Amend Item (Additional)) May-06-2014 4:10 PM

Result: Lost Majority Required - CC51.2 - Carroll - motion 2
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Sarah Doucette, Norman Kelly, Mike Layton, Pam McConnell, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 25 Members that voted No are Michelle Berardinetti, Josh Colle, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, David Shiner, Karen Stintz
Total members that were Absent: 2 Members that were absent are Vincent Crisanti, Rob Ford

3 - Motion to Amend Motion moved by Councillor Janet Davis (Carried)

That City Council amend motion 1 by Deputy Mayor Kelly by adding the words "and the City Manager and the Acting CEO of TCH consider using third party Human Resource consultants to ensure the distinct roles of service manager and shareholder are maintained through this process" so that the recommendation now reads:

 

1.         City Council, in response to the April 25th request to City Council of the Toronto Community Housing Board and in recognition of the City's dual role of Shareholder and Service Manager for Toronto Community Housing Corporation, and to ensure the continuity of services to residents, request the City Manager to establish a City staff team to provide assistance to the TCH Board of Directors and its executive leadership team and the City Manager and the Acting CEO of TCH consider using third party Human Resource consultants to ensure the distinct roles of service manager and shareholder are maintained through this process.

Vote (Amend Motion) May-06-2014 4:07 PM

Result: Carried Majority Required - CC51.2 - Davis - motion 3
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Mike Del Grande, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Gary Crawford, Doug Ford, Mark Grimes, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, James Pasternak, Jaye Robinson
Total members that were Absent: 5 Members that were absent are Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Rob Ford

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-06-2014 4:11 PM

Result: Carried Majority Required - CC51.2 - Adopt the item as amended
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Doug Ford, Giorgio Mammoliti
Total members that were Absent: 2 Members that were absent are Vincent Crisanti, Rob Ford

Point of Privilege by Councillor Gord Perks

Councillor Perks, rising on a Point of Privilege, stated that Speaker Nunziata has previously ruled Members are not permitted to make remarks accusing the Accountability Officers of having political agendas.  Councillor Perks further stated that previously, Councillor Mammoliti was asked to leave the Chamber over such remarks.  Councillor Perks asked Speaker Nunziata to request Councillor Mammoliti to withdraw his remarks.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted Councillor Perks's Point of Privilege and requested Councillor Mammoliti to refrain from commenting about Officials and to withdraw his remarks. Councillor Mammoliti apologized.

Source: Toronto City Clerk at www.toronto.ca/council