Item - 2017.EX25.2

The Executive Committee recommends that:

1.  City Council amend Toronto Municipal Code, Chapter 3, Accountability Officers substantially as set out in Attachment 1 to the report (April 21, 2017) from the City Manager, delegating authority to the Accountability Officers (Auditor General, Integrity Commissioner, Lobbyist Registrar and Ombudsman) to: 

a.  recommend directly to City Council the establishment of record retention schedules for records related to each Accountability Officers' exercise of the powers and duties under Part V of the City of Toronto Act, 2006, subject to the approval of the City auditor; and

b.  clarify the application of Toronto Municipal Code, Chapter 217, Records, Corporate (City) for the administrative and transitory records of Accountability Officers.

2.  City Council amend the definition of "division head" contained in Toronto Municipal Code, Chapter 217, Records, Corporate (City) to delete the inclusion the Accountability Officers (Auditor General, Integrity Commissioner, Lobbyist Registrar and Ombudsman) in the definition.

This report responds to City Council's request to bring forward any required amendments to Toronto Municipal Code, Chapter 3, Accountability Officers ("Chapter 3") to address the records of Accountability Officers in a manner that adequately addresses the principles of Toronto's accountability framework including independence and transparency.

This report recommends that City Council amend Chapter 3 to clarify the roles of the Accountability Officers in the establishment of the records retention schedules for those records associated with their actions under Part V of the City of Toronto Act, 2006 (COTA), referred to as 'Accountability Records'. 

It is proposed that Accountability Officers' recommend directly to City Council the establishment of records retention schedules for Accountability Records while administrative and transitory records kept by Accountability Officers continue to be subject to the comprehensive retention schedules that govern City Records, as contained in Toronto Municipal Code, Chapter 217, Records, Corporate (City) ("Chapter 217").