Item - 2015.CC11.8
Tracking Status
- City Council adopted this item on December 9, 2015 with amendments.
CC11.8 - Appointment of Members to the Toronto Hydro Board
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on December 9 and 10, 2015, adopted the following:
1. City Council amend the shareholder direction to Toronto Hydro to permit one-year terms in this instance.
2. City Council direct the Board of Directors of Toronto Hydro to amend the corporation's by-laws to reflect the one-year terms in this instance.
3. City Council appoint the following candidates to the Toronto Hydro Board, at pleasure of Council, for a term of office ending on December 10, 2016:
- Derek Cowbourne
- David Williams
4. City Council appoint the following candidate to the Toronto Hydro Board, at pleasure of Council, for a term of office starting on December 11, 2016 and ending on December 10, 2017, and until a successor is appointed:
- Mary Ellen Richardson
5. City Council appoint the following candidates to the Toronto Hydro Board, at pleasure of Council, for a term of office ending on December 10, 2017, and until successors are appointed:
- Brian Chu
- Tamara Kronis
- David McFadden
- Howard Wetston
- Heather Zordel
6. City Council nominate the following candidate to the Toronto Hydro Board as Chair:
- David Williams
7. City Council request the Corporations Nominating Panel to meet at its earliest convenience to recommend other candidates for appointment to the vacancies on the Toronto Hydro Board.
8. City Council direct that the confidential information contained in Confidential Attachments 1, 2 and 3 to the report (November 16, 2015) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Hydro Board.
Confidential Attachments 1, 2 and 3 to the report (November 16, 2015) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Hydro Board.
City Council Decision Advice and Other Information
Appointees' Biographies:
Brian Chu
Brian Chu is a commercial real estate lawyer with 30 years of experience in acquisitions, dispositions and financings of all types of commercial real estate, retirement homes and long-term care facilities. Named by his peers as one of Canada’s best real estate lawyers since 2006, he has worked as a business lawyer with extensive public sector, financial and business experience, and has board level activity in the areas of energy, post-secondary education, arts and culture.
Derek Cowbourne
Derek is the former Chief Operating Officer of the Independent Electricity System Operator and has many years of leadership in the electricity industry in Canada and the USA. He has significant experience in the oversight and management of regulated provincial and municipal corporations. Derek is a Manchester University graduate, a Chartered Engineer, a Fellow of the Institution of Engineering and Technology, a member of the Professional Engineers of Ontario and an Institute of Corporate Directors certified Director.
Tamara Kronis
Tamara Kronis is a Toronto-based entrepreneur and lawyer. A graduate of Brandeis University, University of Toronto and George Brown College, Tamara worked as a commercial lawyer at Tory's LLP for several years before switching tracks, first to become legal counsel for a large UK business processing outsourcing company, and then to become a goldsmith and operate her own successful jewellery business in Toronto.
David McFadden
David McFadden has acted as counsel to corporations, municipalities and utilities involved in the generation, distribution, marketing, transmission and financing of energy. David currently is Counsel in Gowlings’ Toronto office. He is Chair of the Canadian and International Infrastructure Advisory Boards of Fengate Capital Management and is Chairman of the Ontario Energy Association. David is also a member of the Board of Directors of the Energy Council of Canada.
Mary Ellen Richardson
Mary Ellen’s career in the oil, natural gas and electricity industries spans 30 years and has included roles in marketing and sales to residential, business and industrial customers in Canada and the United States. She has also held executive and operating responsibility for legal and regulatory affairs, facilitation, market planning, stakeholder management, public relations, media relations and government liaison activities. Ms. Richardson holds an Honours degree in Economics.
Howard Wetston
Howard Wetston was CEO of the Ontario Securities Commission from 2010-2015, Vice-Chair from 1999-2004, and Chair and CEO of the Ontario Energy Board from 2003-10. He has served as a Trial Judge at the Federal Court of Canada, Ex-officio Judge of the Appeal Division, and Director of Investigations and Research at the Bureau of Competition Policy. He is an Advisory Board member for The Program on Ethics in Law and Business at the University of Toronto and is a member of the Shannon School of Business Advisory Board.
David Williams
David Williams has a career spanning 40 years in the retail service sector in Canada, including terms as CFO Loblaw Companies Ltd, President, Loblaw’s Eastern Canada Operations, President and CEO of the Workplace Safety Insurance Board, and a 10 year term with Shoppers Drug Mart as Director, Chair of the Board, and Interim President and CEO. He has been involved with many community and charitable organizations with his main focus being those directed at children at risk.
Heather Zordel
Heather Zordel is a lawyer whose practice focuses on corporate finance, securities regulatory compliance and governance for listed companies and investment funds. She is a Co-Director of the Osgoode Hall LL.M. (Securities) program, a past chair of the Securities Advisory Committee to the Ontario Securities Commission, was a member of the federal Expert Panel on Securities Regulation, and has served on corporate, non-profit and condo boards. She is also a writer & regular media commentator.
Confidential Attachment - Personal matters about identifiable individuals who are being considered for appointment to the Toronto Hydro Board
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-86267.htm
(November 16, 2015) Report from the City Clerk on Appointment of Members to the Toronto Hydro Board - Revised
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-86269.pdf
Confidential Attachment 1 - List of Candidates and Qualifications Summary, and Applications for Appointment to the Toronto Hydro Board (previously distributed with Item NC4.2)
Confidential Attachment 2 - Confidential Voluntary Diversity Information Summary (previously distributed with Item NC4.2)
Confidential Attachment 3 - Interview Schedule for the Toronto Hydro Board Interviews on November 24, 2015
(December 8, 2015) Supplementary report from the City Clerk on Withdrawal of Candidate for the Toronto Hydro Board (CC11.8a)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-86557.pdf
Motions (City Council)
That:
1. City Council delete John West from the list of candidates recommended for appointment to the Toronto Hydro Board as recommended in the supplementary report (December 8, 2015) from the City Clerk [CC11.8a].
2. City Council delete Case Ootes from the list of candidates recommended for appointment to the Toronto Hydro Board.
3. City Council request the Corporations Nominating Panel to meet at its earliest convenience to recommend other candidates for appointment to the resulting vacancies on the Toronto Hydro Board.
That:
1. City Council amend the shareholder direction to Toronto Hydro to permit one-year terms recommended in this instance.
2. City Council direct the Board of Directors of Toronto Hydro to amend the corporation's by-laws to reflect the recommended one-year terms in this instance.
Vote (Amend Item (Additional)) Dec-09-2015 7:41 PM
| Result: Carried | Majority Required - CC11.8 - Minnan-Wong - motion 1b |
|---|---|
| Total members that voted Yes: 34 | Members that voted Yes are Ana Bailão, Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 11 | Members that were absent are Paul Ainslie, Maria Augimeri, John Campbell, Justin J. Di Ciano, Frank Di Giorgio, Rob Ford, Mark Grimes, Norman Kelly, Giorgio Mammoliti, Pam McConnell, David Shiner |
Councillor Carroll, rising on a Point of Order, asked what Council could discuss in public.
Councillor Carroll, rising on a Point of Order, asked for clarification on if Members want to move a motion to substitute another name, would the name be confidential.
Deputy Mayor Minnan-Wong, rising on a Point of Order, asked whether the applications of the candidates are confidential.
The Deputy City Clerk Secretariat advised that the candidates applications are confidential, however, the names and biographies are public.
Deputy Mayor Minnan-Wong, rising on a Point of Order, asked for further clarification about substituting another candidate.
The Deputy City Clerk Secretariat advised that substitution of another candidate should be done in public and discussion of the merits of a substitute candidate should be in closed session.
Councillor Holyday, rising on a Point of Order, asked if motion to replace the name of candidate with another name would be placed in closed session.
The Deputy City Clerk Secretariat advised that a motion to replace a name of a candidate with another name would be a public motion.