Item - 2015.EX10.3

Tracking Status

  • City Council adopted this item on December 9, 2015 with amendments.
  • This item was considered by the Executive Committee on December 1, 2015 and adopted without amendment. It will be considered by City Council on December 9, 2015.

EX10.3 - Review of the Functions of Toronto's Accountability Offices

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 9 and 10, 2015, adopted the following:

 

1.  City Council request the City Manager, in collaboration with the Accountability Officers, to undertake further review on a general hotline and report further on the benefits, risks, and financial implications.

 

2.  City Council authorize the City Manager to request the Province of Ontario to amend the City of Toronto Act, 2006 to clarify and reinforce the Accountability Officers' ability to share information between them as required in order to undertake their responsibilities under Part V of the City of Toronto Act, 2006, and authorize the Mayor and the City Manager to negotiate the changes as required.

 

3.  City Council authorize the City Manager to initiate a recruitment process for a Lobbyist Registrar to be appointed by City Council for a term ending in September 2019.

 

4.  City Council request the City Manager to report back prior to the end of the current Council term on the process to appoint one person as both Integrity Commissioner and Lobbyist Registrar in 2019.

 

5.  City Council extend the term of Kwame Addo, the interim Ombudsman until a permanent Ombudsman is appointed by City Council and authorize the City Manager to initiate a recruitment process for an Ombudsman.

City Council Decision Advice and Other Information

Lorne Sossin, Dean of Osgoode Hall Law School at York University, gave a presentation to City Council.

Background Information (Committee)

(November 17, 2015) Report from the City Manager on Review of the Functions of Toronto's Accountability Offices
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-85925.pdf
Attachment 1 - Review of the Functions of the Accountability Offices for the City of Toronto
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-85998.pdf

Background Information (City Council)

(December 9, 2015) Presentation by Lorne Sossin, Dean of Osgoode Hall Law School at York University on a Review of the Functions of the Accountability Offices for the City of Toronto (EX10.3a)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-86604.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Stephen Holyday (Carried)

That City Council amend Executive Committee Recommendation 4 by deleting the words "incoming Lobbyist Registrar's term with respect to the merits of" and inserting the words "current Council term on the process to", deleting the word "appointing" and inserting the word "appoint", and  deleting the word "future" and inserting the date "2019" so that it now reads as follows:

 

4.  City Council request the City Manager to report back prior to the end of the current Council term on the process to appoint one person as both Integrity Commissioner and Lobbyist Registrar in 2019.

Vote (Amend Item) Dec-09-2015 3:45 PM

Result: Carried Majority Required - EX10.3 - Holyday - motion 1
Total members that voted Yes: 30 Members that voted Yes are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Mike Layton, Chin Lee, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory
Total members that voted No: 7 Members that voted No are Paul Ainslie, Joe Cressy, Sarah Doucette, Mary Fragedakis, Josh Matlow, Joe Mihevc, Kristyn Wong-Tam
Total members that were Absent: 8 Members that were absent are Vincent Crisanti, Rob Ford, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Pam McConnell, Jaye Robinson, David Shiner

Motion to Adopt Item as Amended (Carried)

EX10.3 - Review of the Functions of Toronto's Accountability Offices

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council request the City Manager, in collaboration with the Accountability Officers, to undertake further review on a general hotline and report further on the benefits, risks, and financial implications.

 

2.  City Council authorize the City Manager to request the Province of Ontario to amend the City of Toronto Act, 2006 to clarify and reinforce the Accountability Officers' ability to share information between them as required in order to undertake their responsibilities under Part V of the City of Toronto Act, 2006, and authorize the Mayor and City Manager to negotiate the changes as required.

 

3.  City Council authorize the City Manager to initiate a recruitment process for a Lobbyist Registrar to be appointed by City Council for a term ending in September 2019.

 

4.  City Council request the City Manager to report back prior to the end of the incoming Lobbyist Registrar's term with respect to the merits of appointing one person as both Integrity Commissioner and Lobbyist Registrar in future.

 

5.  City Council extend the term of the interim Ombudsman until a permanent Ombudsman is appointed by City Council and authorize the City Manager to initiate a recruitment process for an Ombudsman.

Origin

(November 17, 2015) Report from the City Manager

Summary

City Council directed an external review of Toronto's accountability functions to explore options for delivering the functions in a combined or multiple role and in a way that would strengthen the functions and improve service to the public.  City Council requested the City Manager to work with the Accountability Officers and report to Executive Committee on the results of the external review and on an implementation strategy.  This report responds to City Council's request.

 

The City Manager retained Lorne Sossin, Dean of Osgoode Hall Law School at York University, to undertake an independent and objective review of the accountability functions following a Request for Proposal (RFP) process.

 

Dean Sossin's report confirms that the City of Toronto's accountability framework remains the leading structure of municipal government oversight in Canada, and among the leaders globally.  Notwithstanding that Toronto's accountability offices function efficiently and effectively, the report identified opportunities for improvements including:

 

-exploring the implementation of a general hotline to function as a central tip line for reporting allegations of all forms of government wrongdoing, unethical conduct and administrative unfairness in order to capture and disseminate complaints to the appropriate Accountability Office or City official;

 

-improving coordination and collaboration in key areas through the execution of a memorandum of understanding across the four accountability offices; and

 

-appointing one person to serve as both the Integrity Commissioner and Lobbyist Registrar.

 

The City Manager has reviewed the recommendations from Dean Sossin's review, in collaboration with the Accountability Officers. This report puts forward an implementation strategy.  The report recommends undertaking further due diligence to assess the benefits, limitations and financial implications of a general hotline and to report back once this work is complete.

 

The Accountability Officers have developed and executed a memorandum of understanding in order to enhance coordination and collaboration in key areas including sharing information when concurrent investigations are undertaken.  To clarify and reinforce the Accountability Officers' ability to share information with each other as required to undertake their responsibilities pursuant to Part V of the City of Toronto Act, 2006, this report recommends a technical amendment to the Act that can be considered by the Province with the other amendments the City has requested as part of the 5-year review of the City of Toronto Act, 2006.

 

The report recommends that the City Manager initiate a recruitment process for a Lobbyist Registrar for a term ending September 2019, to coincide with the term ending for the current Integrity Commissioner.  Ensuring that the terms of the incoming Lobbyist Registrar and the current Integrity Commissioner both conclude at the same time provides flexibility to City Council to make this change in 2019 and for future appointments.

 

The City Manager will report further, prior to the end of the terms for the Lobbyist Registrar and Integrity Commissioner, with respect to the merits of one person being appointed as both the Integrity Commissioner and Lobbyist Registrar.

Background Information

(November 17, 2015) Report from the City Manager on Review of the Functions of Toronto's Accountability Offices
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-85925.pdf
Attachment 1 - Review of the Functions of the Accountability Offices for the City of Toronto
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-85998.pdf

Motions

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