2010 – 2014 Council Orientation Chapter 1: Oakville Community Chapter 2: Corporate Overview Chapter 3: Remuneration, Resources & Services Chapter 4: Meetings & Procedures Chapter 5: Council Conduct Chapter 6: Local Boards, Committees & External Organizations Chapter 7: Briefing Notes Chapter 8: Educational Resources Chapter 1 – Oakville Community Table of Contents History of Oakville ........................................................................................................... 3 Oakville coat of arms/crest.............................................................................................. 3 Corporate identity ........................................................................................................... 3 Town characteristics ....................................................................................................... 4 Oakville Museum ............................................................................................................ 4 Historical societies .......................................................................................................... 4 Ward map ....................................................................................................................... 4 Oakville demographics and statistics .............................................................................. 5 Council Orientation Manual — Chapter 1 1-2 Council Orientation Manual — Chapter 1 Oakville Community History of Oakville In 1827, Colonel William Chisholm purchased 960 acres of land at the mouth of Sixteen Mile Creek and began to develop the harbour and the village of Oakville. Chisholm’s first economic priorities were to develop the harbour, build a grist and sawmill, and set up a shipyard. The harbour soon prospered with trade between Hamilton, Toronto and foreign cities. In 1834, Oakville was declared a Canadian port of entry. Commercial and residential growth in the mid-1800s transformed the town’s rural character. From 1835 to 1860, Oakville’s population doubled and property values increased by 400 per cent due to the construction of the Great Western Railway and the success of the harbour as a major shipping centre. On May 27, 1857, the Town of Oakville officially incorporated as a municipality. In just 30 years, Colonel William Chisholm’s vision of the town became a reality. George King Chisholm became Oakville’s first mayor in 1857. Oakville continued to grow and thrive over the next 100 years. Its population increased over 166 per cent from 1,648 in 1871 to 4,399 in 1945. The town experienced economic growth in the 1950s when Ford Motor Company of Canada located its national office in Oakville. To accommodate both residential and commercial growth, the township of Trafalgar and village of Bronte were amalgamated with Oakville in 1962 to form the current Town of Oakville. The Town of Oakville now covers 138 square kilometres, conveniently located almost an equal distance between Toronto and Hamilton. Oakville has retained the best features of small-town living while accommodating progressive and well-planned development. Its prosperity, municipal infrastructure and geographic location continue to attract both businesses and residents. Oakville coat of arms/crest Oakville's coat of arms was designed by Stanley Arculus, a Scarborough artist in heraldry. The Town of Oakville obtained formal recognition of the coat of arms in 1966. The silver oak trees are symbolic of white oak, the type of oak tree associated with the early history of Oakville. The boars’ heads are taken from the Chisholm coat of arms and the boat represents an early ship building industry. The water alludes to Lake Ontario and Oakville's two picturesque harbours. The town motto, avancez, means to go forward, and the civic crown is reminiscent of the walled cities of ancient times and is used in many civil coats of arms. The town crest is a ceremonial coat of arms used exclusively for specific applications related to Oakville’s elected municipal officials. The Council Chamber may display the crest prominently. Corporate identity The town’s corporate identity conveys an open and inviting feel that embodies the values of Oakville in serving its residents and businesses. The stylized oak leaf logo represents heritage and nature, and symbolizes the cycle of change and the future aspirations of the community. The town identity is based on the distinctive combination of two colours: Oakville Blue and Oakville Gold. The corporate logo was approved by Council on March 1, 1999. The corporate identity/logo is synonymous with the quality and level of service provided by the town. The Strategy, Policy and Communications department provides direction on the appropriate use of the logo. 1-3 Council Orientation Manual — Chapter 1 Town characteristics Oakville has countless traits that make the town unique, including 145 kilometres of trails, 1,350 hectares of parkland, two natural harbours, and a historic downtown where many 19th century buildings remain. Oakville’s harbours feature 1,000 slips and moorings to accommodate several hundred sail and power boaters. The scenic Sixteen Mile Creek is more than 35 kilometres long and flows through extensive farmland and urban areas, offering commercial and recreational transit routes to residents and visitors. Home to over 178,000 people, Oakville radiates small-town charm, natural beauty and cultural vitality while providing all the advantages of an economically diverse and well-serviced urban community. Over 300 businesses have their national or international headquarters in Oakville and this number continues to grow as companies are attracted to Oakville’s proximity to major markets, easy access to transportation routes, and its educated workforce. By 2021, the population of Oakville is expected to grow to over 230,000 and over 30,000 new jobs will be created. Oakville Museum The Oakville Museum at Erchless Estate is located in downtown Oakville. Museum visitors can enjoy a selfguided tour of its gardens and grounds. Historical societies Oakville has three active volunteer historical societies that preserve Oakville’s history and celebrate its past: Oakville Historical Society, Bronte Historical Society and Trafalgar-Township Historical Society. Ward map 1-4 Council Orientation Manual — Chapter 1 Oakville demographics and statistics 1-5 Council Orientation Manual — Chapter 1 1-6 Council Orientation Manual — Chapter 1 1-7 Council Orientation Manual — Chapter 1 1-8 Council Orientation Manual — Chapter 1 1-9 Chapter 2 – Corporate Overview Table of Contents Organizational Structure..................................................................................................3 Council Function .............................................................................................................9 Council Duties and Responsibilities .......................................................................... 9 Disqualifications ...................................................................................................... 10 Departmental Overviews ............................................................................................... 11 CAO’s Office .................................................................................................................11 Strategy, Policy and Communications department .................................................. 11 Internal Audit department ........................................................................................ 12 Service Innovation .................................................................................................. 12 CORPORATE SERVICES COMMISSION .................................................................... 13 Clerk’s department .................................................................................................. 13 Facilities and Construction Management ................................................................ 13 Finance ...................................................................................................................15 Human Resources department ............................................................................... 16 Information Systems + Solutions department .......................................................... 17 Legal department .................................................................................................... 17 COMMUNITY SERVICES COMMISSION ..................................................................... 18 Recreation and Culture department ........................................................................ 18 Parks and Open Space department ........................................................................ 19 Oakville Fire Department ........................................................................................ 20 Oakville Public Library ............................................................................................ 20 INFRASTRUCTURE AND TRANSPORTATION SERVICES COMMISSION ................ 22 Engineering and Construction department .............................................................. 22 Roads and Works Operations department .............................................................. 23 Oakville Transit ....................................................................................................... 23 Environmental Policy .............................................................................................. 24 PLANNING AND DEVELOPMENT SERVICES COMMISSION ..................................... 25 Building Services department ................................................................................. 25 Development Engineering department .................................................................... 25 Economic Development department ....................................................................... 26 Planning Services department ................................................................................ 26 Council Orientation Manual — Chapter 2 Working with Administration .......................................................................................... 29 Policy Decisions...................................................................................................... 29 Administration’s Role .............................................................................................. 29 Direction by Individual Councillors .......................................................................... 30 Corporate Strategic Plan ............................................................................................... 30 Frequently Asked Questions ......................................................................................... 33 CAO’s Office ........................................................................................................... 33 Corporate Services Commission ............................................................................. 33 Community Services Commission........................................................................... 35 Infrastructure Services Commission........................................................................ 37 Planning, Development and Building Commission .................................................. 39 2-2 Council Orientation Manual — Chapter 2 Council Function Council Duties and Responsibilities Role/Duties of Mayor The Mayor, as head of Council, is the Council spokesperson and is responsible for the following additional duties as specified in the Municipal Act, 2001 s.225: • • • • • • To act as chief executive officer of the municipality To preside over council meetings To provide leadership to Council To provide information and recommendations to Council with respect to their role regarding procedures, accountability and transparency To represent the municipality at official functions To carry out the duties of the head of Council under this or any other act. Role/Duties of Acting Mayor The purpose of this position is to ensure that the Office of the Mayor is filled at all times to address the duties of the Mayor. A rotating schedule is established at the inaugural meeting of each new Council term for the position of acting Mayor. When the Mayor is unable to perform the duties of the Mayor due to illness, absence or other reasons, the acting Mayor assumes the position of Mayor. Role/Duties of Council As specified in the Municipal Act, s.224, the role of Council is as follows: • • • • • • • To represent the public and to consider the well-being and interests of the municipality To develop and evaluate the policies and programs of the municipality To determine which services the municipality provides To ensure administrative practices and procedures are in place to implement the decisions of Council To ensure the accountability and transparency of the operations of the municipality including the activities of senior management of the municipality To maintain the financial integrity of the municipality To carry out the duties of council under this or any other act. The role of a councillor is one of great importance since you, as a councillor, must decide on various policies that affect the whole town. 2-9 Council Orientation Manual — Chapter 2 Town of Oakville Council Region of Halton Council • Local planning and zoning • Region planning • Local storm sewers • Water and wastewater • Local roads, streets and sidewalks • Solid waste • Local transit services • Regional roads and storm sewers • Libraries • Police services and emergency planning • Local museums • Social and public health services • Fire protection • Debt financing • Local parks and recreation services • Regional museum • Collection of taxes • Tourism promotion Disqualifications The Municipal Act, 2001 s.258 and 259, specifies certain actions that lead to the disqualification of Members of Council. Actions Leading to Disqualification You must be eligible for nomination under the Municipal Elections Act when you are nominated and you must remain eligible throughout the term. A Member of Council is disqualified if he/she: • • • • • • • • • • Ceases to be a Canadian citizen or a resident, owner or tenant of land in the municipality or spouse of such owner or tenant Becomes a judge, a member of the Senate, House of Commons, or the Legislative Assembly Becomes a crown employee, except in accordance with Part III of the Public Service Act Becomes an employee of the municipality Is convicted of an offense under ss.123-125 of the Criminal Code or one punishable by imprisonment for five or more years Is deemed disqualified by a judge for contravening the Municipal Conflict of Interest Act by not disclosing a direct or indirect pecuniary interest Fails to make the declaration of office before the deadline in section 232 Is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council Has his/her office declared vacant in any judicial proceeding Forfeits his/her office under this or any other act. 2-10 Council Orientation Manual — Chapter 2 Departmental Overviews CAO’s Office The chief administrative officer’s (CAO) office ensures that quality services are delivered to residents and businesses, and that these services are aligned with Council-approved policies and strategic directions. As head of the municipal administration, the CAO provides professional advice to the Mayor and Council along with direction and leadership to employees as they implement the policy directives of Council. The CAO's office is responsible for the provision of professional services delivered by all Commissions. In addition, the following departments/offices report directly to the CAO’s office: Strategy, Policy and Communications department The Strategy, Policy and Communications department provides strategic planning, corporate policy and internal and external communications advice and support to the organization. The department works to ensure the town’s vision, mission and strategic priorities are understood and reflected across the diverse programs and services delivered by the town. Key Services and Activities • Strategic and business planning • Policy development • Government and stakeholder relations • Corporate projects/initiatives • Media relations and issues management • Strategic communications planning • Corporate publications such as the annual report and your town guide • Graphic design and desktop publishing • Advertising • Visual identity • Web-based communications • Market research • Employee communications Quick Facts The Strategy, Policy and Communications department: • Provides support and advice to the CAO on strategic initiatives and projects • Manages annual strategic planning process and updates • Issues about 160 news releases/advisories annually • Manages internal communications including electronic weekly e-Talk newsletters, quarterly You Matter newsletter and monthly CAO Update • Develops and implements communications plans to increase awareness and support for Council's strategic priorities, departmental programs and services and key corporate initiatives such as public consultation on new hospital • Manages weekly advertising on behalf of the corporation • Updates town website daily 2-11 Council Orientation Manual — Chapter 2 Internal Audit department The Internal Audit department assists the town in accomplishing its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes. Key Services and Activities • Serves Council and management, assesses the ethical climate, effectiveness and efficiency of operations, and provides a safety net for the town’s compliance with rules, regulations and overall best business practices • Prepares and presents annual internal audit plan for Council approval • Conducts cash handling audits, prioritized projects, comprehensive reviews, follow-up audits, special projects and advisory services, reports back to Council and management on observations and recommendations Quick Facts • The town’s internal audit position was re-established in January 2007. The internal auditor developed the mandate for the internal audit function; implemented a risk-based approach to the annual audit plan, established an anti-fraud program and is rolling out the Integrated Risk Management program to the Executive Management Team. Service Innovation The manager of Service Innovation oversees the ServiceOakville program, which develops and implements the town’s customer service strategy. The strategy’s focus is single-window service for the public. The implementation is being conducted in phases, gradually integrating basic services and inquiries into Service Oakville’s function. Key Services and Activities • Main reception customer service at Town Hall • Switchboard service for the town’s main phone number • Oakville tourism inquiries • Ongoing implementation of service-oriented projects Quick Facts • The ServiceOakville Desk opened in April 2009. Since that time, over 35,000 requests have been handled at the desk. • In 2010, 69 per cent of the requests were closed without referring the citizen to another department • ServiceOakville coordinates the availability of language interpretation services to staff when serving individuals who require assistance in a language other than English 2-12 Council Orientation Manual — Chapter 2 CORPORATE SERVICES COMMISSION The Corporate Services Commission provides support services to ensure corporate responsibilities are met relating to financial responsibilities, legal and real estate services, legislation and regulations, Council and committee information and support, technology systems and solutions, human resource management, and facility management, construction and maintenance . The Corporate Services Commission is responsible for the provision of professional services delivered by the following departments: Clerk’s department An essential link between Oakville residents and council, the Clerk's department provides a full range of meeting services to Council and its committees. It is responsible for maintaining corporate records and processing requests under the Municipal Freedom of Information and Protection of Privacy Act. The department is also responsible for by-law services, business and lottery licensing, vital statistics registration and the administration of municipal elections. Key Services and Activities • Providing services for Council and committee meetings • Administering legislative requirements • Maintaining corporate records and information • Processing requests under the Municipal Freedom of Information and Protection of Privacy Act • Conducting municipal elections • Coordinating corporate policy and procedure review • Issuing business licences including taxicabs • Administering lottery licensing functions on behalf of the province • Enforcing regulatory by-laws, excluding parking, throughout the community • Providing for commissioner of oath services and civil marriage services Quick Facts • The Clerk’s department oversees about 44 Council and Planning and Development Council meetings, and 56 standing committee meetings annually. • Each year, about… o 110 advisory committee meetings are facilitated o 1,000 death registrations are processed o 700 marriage licences are issued o 100 civil marriage ceremonies are conducted o 1,800 by-law investigations are performed o 2,000 business licences are issued o 650 licensing inspections are performed o 180 lottery licences are issued Facilities and Construction Management The Facilities and Construction Management department is responsible for the design, construction, commissioning, maintenance, repair and demolition of all buildings owned by the Town of Oakville. Our goal is to ensure that all town-owned buildings are developed and maintained in an energy efficient, fully accessible, sustainable manner, and are safe, comfortable and welcoming to all throughout their entire life cycle. 2-13 Council Orientation Manual — Chapter 2 Key Services and Activities New Construction Develop new facilities (including major renovations and additions) Design standards and specifications Construction documents Tendering support Construction administration and project management Facilities Maintenance and Repairs Maintain and repair existing facilities Preventative maintenance programs Building condition assessments Standards and specification review Major repairs and replacements (architectural, mechanical, electrical) Accessibility and barrier removal program Energy management Compliance services (designated substances such as asbestos, etc.) Facilities Operations Town Hall facilities operations General health of building Service contracts management Daily operations Room bookings and furniture set-ups Routine repairs and replacements Security/access card program Cafeteria and catering functions Health and safety Minor renovations and moves Quick Facts The Maintenance and Repair division manages a portfolio of about 100 buildings, including Town Hall, all recreation and community centres, fire halls, museums, galleries, libraries, parking garages, etc. The department conducts an accessibility audit of all Town of Oakville facilities in 2011 and implements the requirements of current and new legislation to ensure that the Town of Oakville’s facilities are compliant. Capital expenditures on major building projects are expected to average about $20 million per annum over the next 10 years. The New Construction division just completed the 196,000-square -foot quad pad arena at Sixteen Mile Sports Complex, and is managing the development of the 260,000-square-foot Oakville Transit Maintenance and Bus Storage Garage, the 144,000-square -foot Queen Elizabeth Community and Cultural Centre, the uptown core transit employee facility, the new Fire Administration Offices facility as well as the full renovation of about 90,000 square feet of Town Hall and other projects. The operation of Town Hall, including security, after-hours access, all photo ID cards, room bookings, the cafeteria and catering and the Emergency Control Centre are all managed by the Town Hall Operations division. 2-14 Council Orientation Manual — Chapter 2 In Town Hall, approximately 400 room bookings are managed per year, including OMB hearings and external groups. Meeting rooms at Town Hall are only available to registered charitable and non -profit groups. A non-profit group is viewed as “any group that is working for the public good.” Rooms are available free of charge from 8:30 a.m. to midnight. (If a Member of Council or a charitable or non-profit group wishes to book a room they should contact the Town Hall operations clerk at ext. 3441 and ext. 3015 to arrange for catering.) Finance Financial Operations and Financial Planning departments are collectively responsible for the financial integrity of the town through its fiscal stewardship. They provide centralized professional financial and accounting support services and advice and develop financial policy and short- and long-term financial plans to ensure sustainable funding for the town's programs and services. Services are based on key operating and financial principles, which ensure fiscal responsibility, internal control and compliance with all legislation and regulations. The directors ensure effective operation and integration of these services, and meet the demands of internal and external clients. The functions within the Finance section are being realigned under the two departments — Financial Operations and Financial Planning — to align with a new structure and to meet the needs of our clients. Key Services and Activities • Financial planning and budgeting • Billing and collection of property taxes • Management and protection of property assessment base • Purchasing and risk management • Accounting and financial reporting • Payroll and benefit services • Management reporting • Asset management • Development financing • Investment and cash management • Development charges administration Quick Facts • The Revenue and Tax division bills and collects tax revenue of approximately $380 million, on behalf of the town, Region of Halton, school boards and BIAs. • The Taxation division is responsible for managing the town's assessment base and is the centralized point of receiving and banking for all town revenues. • There are approximately 60,000 taxable properties in Oakville, which are taxed on the basis of the assessment value place on property by the Municipal Property Assessment Corporation (MPAC). • The Accounting function is centralized and services all town departments plus the Oakville Public Library, and provides services to the Oakville Galleries and the three BIAs. • Accounting issues approximately 10,400 cheques annually (totalling $200 million for good and services acquired by town departments and local boards) and issues 1,100 invoices to recover $13 million in revenue. • The Payroll division administers in-house bi-weekly payroll, health and dental benefits and OMERS pension for all town employees, as well as provides services to library and gallery employees. 2-15 Council Orientation Manual — Chapter 2 • • • • • • • • • The Payroll division processes approximately 2,600 T4s annually for a total of approximately $87 million in employment income. The Development Financing and Investment section administers the management and investments of all cash assets of the town and provides financial services to the development process, which includes collection and management of development charges, securities and deposits. Development Financing and Investments administers an average of 500 letters of credit with a total value of $85 million along with an average investment portfolio of $200 million in cash and securities. Purchasing administers about 120 competitive bids annually totaling over $36 million. Purchasing processes and monitors over 3,000 purchase orders annually. Risk Management processes about 500 insurance claims against the town each year. Financial Planning oversees development of the 3-year operating budget – 2010 gross expenditures of $205.8 million and capital budget – 2010 $111.8 million Financial Planning provides monthly management reporting to all departments and quarterly reports to Council. The Asset Management division maintains the corporate fixed asset registry for PSAB compliance, which houses over 35,000 records, and implements asset management business processes to internal departments. Human Resources department The Human Resources department assists in the achievement of the town’s corporate priorities through the use of human resource practices that enhance both the effectiveness and satisfaction of individuals, groups and teams in the town. Key Services and Activities • Labour and employee relations • Total rewards • Health, safety and wellness • Learning and development • Organizational development • Recruitment and staffing • Employee administration Quick Facts Oakville’s employee complement includes about: • 982 full-time employees • 82 per cent of the workforce is unionized as follows: o 274 CUPE 1329 (inside workers) o 178 CUPE 136 (outsider workers) o 150 CAW 1256 (Transit) o 205 Ontario Professional Fire Fighters Association • 30 per cent of full-time employees are female • 70 per cent of full-time employees are male 2-16 Council Orientation Manual — Chapter 2 Information Systems + Solutions department The Information Systems + Solutions department (IS+S) provides enabling technology infrastructure and application support to assist town departments in delivering high-quality programs and services. The department supports the development of e-government systems that meet the needs and expectations of the community. Key Services and Activities • Geographic Information System (GIS) • Support for corporate applications including library cataloguing, theatre ticketing, iris, financial information system (CIS), Amanda, ESRI GIS, Microsoft Sharepoint, Microsoft Outlook/Exchange and CLASS • Network services and technical infrastructure support and development • Client services and support including provision of workstations, applications and equipment Quick Facts • The Help Desk receives 17,000 calls per year (325 calls per week). • Oakville’s website gets almost 1.5 million visits per year. • IS+S relays almost two million valid e-mails per year, and filters out 17 million spam messages per year. • IS+S supports 1,100 computers in 55 buildings. Legal department The Legal department is committed to delivering high-quality, efficient and cost-effective legal and realty services to our clients. This office provides advice and other legal services in a professional and timely manner to ensure the risks to the municipality are managed and the town's interests are protected. Key Services and Activities • Research, opinions and legal advice • Representation before the courts and administrative tribunals • Litigation • Strategic administration of real estate transactions and holdings • Negotiation and preparation of contracts, reports and by-laws • Legal administration Quick Facts • Handles and oversees approximately 25 board hearings per year • Takes 75 to 100 by-law prosecutions to trial on behalf of the town every year • Manages a large portfolio of town land and lease holdings • Processes about 30 land transactions and lease renewals per year • Registers about 150 real estate documents every year • Generates frequent reports to Council (every report going forward to Council with legal implications requires review and sign-off by the Legal department) 2-17 Council Orientation Manual — Chapter 2 COMMUNITY SERVICES COMMISSION The Community Services Commission is responsible for parks and open space, fire protection and prevention, emergency management and the delivery of recreation and cultural services. The commission also provides a corporate link to the Oakville Public Library, Oakville Galleries and Town of Oakville Water and Air Rescue Force (TOWARF). The Community Services Commission is responsible for the services delivered by the following departments and offices: Recreation and Culture department The Recreation and Culture department provides a diverse range of recreational, cultural and leisure services and facilities that enhance the quality of life for Oakville residents and help build a healthy and vibrant community. Key Services and Activities • Arts, heritage and culture o Oakville Centre for the Performing Arts o Oakville Museum at Erchless Estate o Cultural grants o Cultural programming • Multi-use community centres o Three main community centres (River Oaks, Glen Abbey, Iroquois Ridge) with a variety of components including pools, arenas, fitness centres, libraries and community rooms. The centres offer both direct programming and communitybased services o Future community centre (QEP) is currently under construction and scheduled to open in early 2012 • Arenas o A total of 13 ice surfaces: three stand-alone single pad arenas (Kinoak, Maplegrove, Oakville), one twin pad arena (Joshua’s Creek), one quad pad arena (Sixteen Mile Sports Complex), two twin pads as part of community centres (Glen Abbey, River Oaks) • Aquatic services o Five indoor pools (Centennial, White Oaks, Glen Abbey, Iroquois Ridge, QEP), five outdoor pools (Brookdale, Bronte, Falgarwood, Lions, Wedgewood) o Learn-to-swim programs, leadership, fitness swim programs, public swimming and rentals • Direct recreation programs o Active living, cultural, recreation and sport activities for adults, children and youth • Seniors services o Two stand alone seniors centres (Sir John Colborne, Oakville Seniors Centre) and two centres operating out of community centres (River Oaks, Iroquois Ridge) • Youth services o Two youth centres (Oakville, Bronte) o Urban art program o One seasonal indoor skateboard park 2-18 Council Orientation Manual — Chapter 2 • • Permitting and registration o Registration for all recreation and library programs o Bookings of all facilities and sport fields Community development and support o Special events o Volunteer development o Community engagement o Community group support Quick Facts • Oakville has approximately 54,200 eligible program spaces annually. • Recreation programs and services generate over $13,000,000 in revenue annually. • Volunteers offer 68,000 hours of their time each year to the Recreation and Culture department. • There are over 66,000 tickets sold for performances at the Oakville Centre for the Performing Arts each year. • There are about 12,500 visits to the Oakville Museum at Erchless Estate or outreach sites each year. • There are 690,000 hours of facility bookings annually. • Staff provides assistance to over 360 events each year. Parks and Open Space department The Parks and Open Space department is responsible for the planning, design and maintenance of Oakville's parks, trails and sports fields, as well urban forestry, municipal cemeteries and Oakville's two harbours. Providing the perfect balance for healthy living, the Parks and Open Space department is committed to preserving the natural environment, while simultaneously promoting enjoyment of Oakville's parks and open spaces. Key Services and Activities • Parks and trails maintenance (turf management, washroom facilities, waste pick-up, etc.) • Parks structure maintenance (playgrounds, stairs, bridges, boardwalks, picnic tables, etc.) • Sports field maintenance (mowing, topdressing, overseeding, irrigation, etc.) • Winter control at community centres and parks • Horticultural display maintenance in parks and business improvement areas • Park planning and development • Urban forestry (tree inspection, pruning, planting, removal, etc.) • Woodlot management • Harbours • Cemeteries Quick facts • The Parks and Open Space department maintains over 150 kilometres of trails and 1,420 hectares of parkland and sports fields. • In Oakville’s parks there are currently o 55 soccer fields o 48 baseball diamonds o 2 field hockey fields o 59 public tennis courts and 14 club courts o 6 basketball courts 2-19 Council Orientation Manual — Chapter 2 o o o 13 splash pads 3 skateboard parks 5 leash free zones Oakville Fire Department The Oakville Fire Department (OFD) is a skilled force of 213 career staff serving the diverse needs of the community. Activities of the department include fire suppression, fire prevention, public education, training and emergency planning. Key Services and Activities • Fire prevention and public education • Fire investigations • Fire code building inspections • Fire suppression and rescue (search and rescue, auto extrication, hazardous materials response, confined space rescue, technical rope rescue, cold water rescue, etc.) • Mutual aid to local emergency services • Emergency planning Quick Facts • Seven pumpers, an aerial truck and two rescue trucks operate daily • Seven fire stations with 36 firefighters on duty 24-7 • Responds to approximately 6,000 calls per year (16 calls per day) • There are on average 300 fires per year in Oakville • The Fire Prevention division conducts 2,100 fire code inspections each year (eight inspections per day) • The OFD has a fire underwriters classification of 3. • Emergency planning — conduct test exercises to meet provincial requirements Oakville Public Library While governed by a library board appointed by Council consisting of two councillors and nine citizen members, the Community Services Commission also provides a corporate link to the Oakville library. The Oakville Public Library is all about bringing people and ideas together. With staff expertise, excellent resources and innovative partnerships in the community, the library provides information, recreation and learning opportunities for residents of all ages and abilities. Key Services and Activities • Adult and children’s book collections • Magazines and newspapers • ebooks and downloadable audio books • Digital reference collections • Audio and visual materials (DVDs, CDs, CD-ROMs) • Multilingual collection • Special needs services (talking books, large print, home delivery, reading machines) • Early childhood literacy programming • Teen services • Adult programming • Information Oakville 2-20 Council Orientation Manual — Chapter 2 • • • • • Reference services Local History Genealogy research Internet/computer access Meeting/event space Quick Facts • Over 70 per cent of Oakville residents have a library card. • Service delivery points include five full-service branches (Central, Woodside, White Oaks, Iroquois Ridge and Glen Abbey) and one neighbourhood branch (Clearview), an online library at www.opl.on.ca, plus eight Book Nooks for children located throughout the community (Oakville Parent Child Centre on Sixth Line, Oakville YMCA, Kerr Street Market, Kids & Me, Oakville Parent Child Centre Kingsway, Oak Park Mom’s & Tots). • Over 56,000 spots were used by residents in the children’s, teen and adult programs in 2009. • 209 staff members, with 119 FTEs. 2-21 Council Orientation Manual — Chapter 2 INFRASTRUCTURE AND TRANSPORTATION SERVICES COMMISSION The Infrastructure and Transportation Services Commission is responsible for the coordination and delivery of programs and services related to transit; environmental policy and initiatives; the town’s municipal public works infrastructure (roads, bridges, sidewalks, cycling facilities, traffic control systems, storm water management, creek channels and shorelines); fleet management; and municipal parking operations and enforcement. The Infrastructure and Transportation Services Commission carries out these responsibilities through the services delivered by the following departments: Engineering and Construction department The Engineering and Construction department delivers engineering services for public works infrastructure related to municipal transportation and water resources assets (roadways, traffic control, pedestrian and cycling facilities, bridges and culverts, storm sewers, storm water management ponds, creek channels and shorelines) as well as managing the municipal parking operations and enforcement within the Town of Oakville. Key Services and Activities • Capital project planning, budgeting and forecasts • Engineering and construction standards • Infrastructure assessments and capital rehabilitation planning • Engineering studies and environmental assessments • Land and engineering surveys, mapping and drafting • Engineering designs and approvals • Public consultations • Contract tendering, construction administration, inspection, and quality assurance/quality control • Road corridor management, municipal consents, permit processing and inspections for works on town roadways • Traffic engineering studies, data collection, road & intersection safety and capacity assessments • Traffic calming and road noise level assessments • Municipal parking operations and enforcement Quick Facts • Carries out major capital programs valued from $25 to 30 million annually. • Oversees approximately 20 kilometres of road improvements (reconstruction/resurfacing) every year. • Manages 116 kilometres of creek channels and 8.8 kilometres of Lake Ontario shoreline. • There are approximately 1,535 commercial parking spaces in the town’s inventory. • Approximately 45,000 parking ticket infractions are processed every year. 2-22 Council Orientation Manual — Chapter 2 Roads and Works Operations department The Roads and Works Operations department is responsible for the operation and maintenance of Oakville’s roadways, traffic control devices and water resources infrastructure. In addition, the department manages the town’s fleet and equipment inventory (excluding fire and transit vehicles). Under agreements they also carry out regional road maintenance within Oakville and provide fleet maintenance services to Oakville Hydro. The overall goal is to provide safe and convenient mobility for users and ensure the longevity of the town's infrastructure through costeffective and environmentally responsible means. Key Services and Activities • Winter control (snow plowing, de-icing for roads and sidewalks, anti-icing and snow removal for roads) • Road maintenance (pavement, curb and sidewalk repairs) • Roadside debris and litter control • Street sweeping/cleaning • Traffic control device maintenance (traffic signals/signs and street lights) • School crossing guard program • Loose leaf collection and disposal • Graffiti removal • Water resources maintenance (storm sewers, storm water management ponds, creeks and channels) • Shoreline protection maintenance • Fleet management/maintenance Quick Facts • Maintains a network of about 1,700 lane kilometres of town roads, 250 lane kilometres of regional roads, 856 kilometres of sidewalks, 55 bridges and 60 major culverts. • Operates and maintains 119 town-owned traffic signals and maintains a further 280 traffic signals for the Region of Halton and the Town of Milton. • Operates and maintains about 15,000 streetlights. • Maintains about 1486 kilometres of storm sewers and 22 storm water management ponds. • Manages about 100 school crossing guard locations. • Collection of about 4,500 tons of bulk leaves annually. • Clean up of over 3,000 graffiti locations per year. Oakville Transit Oakville Transit has been providing bus service for Oakville since 1972 and provides an affordable choice of mobility options for transit users through its conventional accessible low floor buses and its care-A-van service. Oakville Transit offers safe, convenient and frequent service within the town and into neighbouring municipalities. Key Services and Activities • Conventional accessible transit service operating seven days per week including statutory holidays • Care-A-van bus service for people with mobility challenges • Special fixed route service for seniors • Zone Express late night GO train pickup • Charters and rentals 2-23 Council Orientation Manual — Chapter 2 Quick Facts • Fleet includes 106 buses, including conventional and care-A-van buses. • There are currently 26 transit routes, including six grid routes that travel within Oakville. • Service is supplemented during the school year by eight school specials. • There are on average 2.6 million regular transit and 35,000 care-A-van rides in Oakville each year. Environmental Policy The Environmental Policy department is responsible for advancing sustainability through the development and implementation of corporate environmental and energy management strategies, policies and initiatives; and promoting community environmental stewardship and energy conservation. Key Services and Activities • Environmental Strategic Plan • Environmental and energy programs • Community outreach and education • Policy development and implementation • Health protection air quality by-law Quick Facts • Manages and coordinates environmental and energy programs for environmental sustainability, sustainable green fleet, sustainable purchasing, sustainable building, corporate energy management, air quality improvement and Towards Zero Waste. • Actively participates in intergovernmental partnerships and associations: ICLEI Local Governments for Sustainability, FCM Partners for Climate Protection, GTA-Clean Air Partnership, AMO Energy Efficiency Task Force, Alliance for Resillient Cities, Recycling Council of Ontario, Halton Partners for Naturally Green, Halton Partners for Clean Air, Water Environment Association of Ontario, Canadian Water and Wastewater Association, Canadian Water Resources Association, Environmental Managers Network, Air and Waste Management Association. • Coordinates the town’s Environmental Management Team, West Nile Virus Team, Corporate Smog Response Team and Corporate Energy Management Team. • Manages, coordinates or supports many public education programs including: Environmental stewardship, air quality/anti-idling, Oakville Conserves (for energy conservation events), Summer Fun Bike and Bus Day, ecological footprint, Halton Children’s Water Festival, Clean Air Commute, Yellow Fish Road. • Participates in community events including the Halton EcoFest, Midnight Madness and farmer’s markets. 2-24 Council Orientation Manual — Chapter 2 PLANNING AND DEVELOPMENT SERVICES COMMISSION The Planning and Development Services Commission is responsible for guiding private development proposals to achieve the town’s Livable Oakville strategic goal and other legislative requirements. The commission meets this goal through the development of official plan policies, promotion of economic development opportunities, and review of planning, building, development engineering and site alteration proposals. The Planning and Development Services Commission is responsible for the following departments: Building Services department The Building Services department is responsible for the administration of the Ontario Building Code Act, the town's zoning by-law and the administration of the Committee of Adjustment and consent process. The department oversees the permit application process, ensures that all other applicable laws are complied with, provides interpretation of the building code regulations, issues building permits, provides inspections for all new or renovated buildings, and administers the Committee of Adjustment. Key Services and Activities • Building permit review • Building permit issuance • Building inspections • Committee of Adjustment administration • Building by-law administration • Zoning by-law administration Quick Facts • Issues approximately 2,500 building permits per year. • Over 30,000 building inspections are completed each year. • The average construction value for permit activity exceeds $500 million. • The Committee of Adjustment processes over 200 applications for variances and consents annually. Development Engineering department The Development Engineering department is responsible for the review, approval and inspection of all new urban infrastructure in the town through the development process (site plan activity and greenfield up to and including assumption of plans of subdivision). In addition, the department is responsible for providing engineering review of planning applications and review and approval of site alteration work, lot grading/drainage, pool permit/inspections, forestry inspections and related environmental studies. Key Services and Activities • Engineering review of all planning applications • Review of related environmental studies • Subdivision agreement, registration and assumption review • Site alteration permit issuance • Pool enclosure permit/inspections 2-25 Council Orientation Manual — Chapter 2 • Municipal tree protection and tree by-law permits related to development proposals Quick Facts • Issues approximately 740 pool/site alteration permits per year. • Conducts more than 2,800 inspections annually. • Approves development agreements in accordance with standards and policy, reviews subdivision engineering submissions and technical report submissions. Economic Development department The Economic Development department is focused on implementing the town’s Economic Development strategy, which is focused on three primary goals of attracting knowledge-based industries in the professional services, advanced manufacturing and life science sectors; responding to the needs of the business community to foster retention and expansion and exploring international business opportunities. Key Services and Activities • Marketing and promotion, positioning Oakville as an ideal business location • Site information for commercial and industrial properties • Economic, demographic and real estate data for Oakville • Advocacy for Oakville businesses • Business outreach • Assisting companies with industrial and commercial relocation and expansion process Quick Facts • Economic Development responds to an average of 40 business assistance inquiries per month. • Oakville’s 10-year Economic Development Strategy won the RBC/EDAC Economic Development Achievement of the Year award in 2009. • Oakville’s online business directory is operated through a partnership between the Economic Development department and the Oakville Chamber of Commerce. Planning Services department The Planning Services department is responsible for assisting Council with growth management in Oakville. This is achieved through the review of development applications, policy development, research and the statutory requirements of the Planning Act. The Planning Services department is comprised of Long Range Planning, Current Planning and Heritage Planning, and Urban Design. The review of all development applications are addressed by a team associated with a specific district and includes team members from Development Engineering. The geographic districts and the team contacts are shown on the following map. 2-26 Council Orientation Manual — Chapter 2 Planning and Development Commission – District Map Planning and Development Commission Commissioner, Jane Clohecy, ext. 4243 Administrative Assistant, Kathy Bradley-Comeau, ext. 4241 Planning Services Director Planning Services, Dana Anderson, ext. 6020 Administrative Assistant, Stephanie Livingstone, ext. 3172 Senior Manager-Current Planning, Manager-Urban Design, Christina Tizzard, ext. 3266 Manager-Long Range Planning, Diane Childs, ext. 3986 Development Engineering Director Development Engineering, Darnell Lambert, ext. 3320 Administrative Assistant, Carole Williams, ext. 3130 Manager-Development Engineering, Manager-Permits and Construction, Doug Ferguson, ext. 3170 Building Services Director Building Services, John Tutert, ext. 3195 Administrative Assistant, Lynne McCracken, ext. 3172 Senior Manager-Building Inspections, Senior Manager-Permits and Zoning, Economic Development Director, Economic Development, Dorothy St. George, ext. 4240 District Manager District 1 Charles McConnell ext. 6042 District 2 District 3 Gabe Charles (acting) ext. 3984 Heinz Hecht ext. 3311 Senior Planner Robert Thun ext. 3029 tbd Leigh Musson ext. 3371 Planner Brenda Stan ext. 3034 Tricia Collingwood ext. 3833 tbd Planning Clerk tbd Lina Bulgaretti ext. 3035 Heritage Planner Urban Designer Susan Schappert ext. 3870/ Carolyn Van Sligtenhorst ext. 3875 Susan Schappert ext. 3870 Carolyn Van Sligtenhorst ext. 3875 Susanna Willie ext. 3959 2-27 Geoff Abma ext. 3026 Long Range Planner Ita Waghray ext. 3264 Development Engineering George Trenkler ext. 3343 Shadi Adab ext. 3132 Lesley Gill Woods 3261 tbd Philip Wiersma ext. 3795 Ramona Boddington ext. 3032 Dan Bijsterveld ext. 3763 Council Orientation Manual — Chapter 2 Key Services and Activities • Land use planning studies • Policy and program development • Official plan amendments • Zoning by-law amendments • Plans of Subdivision • Committee of Adjustment reports • Heritage planning • Site plan approvals Quick Facts • The Planning Services department issues, on average, 40 heritage permits, and evaluates five official plan amendment applications, 15 zoning amendment applications, seven subdivision applications, and 120 site plan applications per year. • There are about 40,000 single and semi-detached dwellings, 8,400 townhouses and 10,200 high-density apartment/condominium units in Oakville. 2-28 Council Orientation Manual — Chapter 2 Working with Administration Policy Decisions Council consists of the Mayor and 12 councillors who are all elected and whose decisions, while in office, are accountable to the electorate. Council as a whole represents the people, their values and their beliefs. Governance is achieved by Council setting policies within its legislative authority that are then acted on by the administration under the direction of the chief administrative officer (CAO). Indemnification Under section 448 of the Municipal Act, 2001, no proceeding for damages or otherwise shall be commenced against a Member of Council or an officer, employee, or agent of a municipality, for any act done in good faith in the performance of a duty or authority under the Act or a by-law passed under it, or for any alleged neglect or default in the performance in good faith of the duty or authority. Such immunity does not, however, relieve the municipality of liability to which it would otherwise be subject in respect of a tort (wrong) committed by a member of council, or an officer, employee, or agent of the municipality. In addition, no proceeding based on nuisance, or in connection with the escape of water or sewage, shall be commenced against a municipality, or a member of council, officer, employee, or agent of the municipality. The Act further provides that no action shall be commenced against a municipality, or member of council, officer, employee, or agent of a municipality, where such action is based on negligence in connection with the exercise or non-exercise of a discretionary power or function, if the action or inaction results from a policy decision of the municipality made in a good faith exercise of the discretion. Members of Council and employees of the municipality, while performing their duties as such, are included as insured’s in the Municipal Liability Insurance Policy of the Town of Oakville. Administration’s Role Council speaks by resolution. The Administration’s role is to carry out the policies established by resolution of Council. Once a policy is determined, Council should not be required to make decisions on how the policy will be carried out. Since the role of the Administration is to implement Council’s policies, the Administration is always accountable to Council for its actions. The Administration acts under the direction of the CAO. The CAO is authorized to delegate his/her authority. The Municipal Act, 2001 ss.229 outlines the duties of the CAO as being responsible for the following: • • Exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality Performing such other duties as are assigned by the municipality. 2-29 Council Orientation Manual — Chapter 2 Although the Administration can provide policy advice to Council, its main function is to implement the policies determined by Council. It is up to the CAO to oversee the development and implementation of processes or procedures to carry out Council’s policies. The Chief Administrative Officer (CAO) is appointed by by-law 2007-144 which establishes the duties and responsibilities of that position and the authority to delegate such responsibilities to other Town employees. Statutory Officers Role 1 The positions of municipal Clerk, Treasurer, Chief Building Official and Fire Chief are required by legislation to fulfill certain duties which may not be superseded or affected by Administration or by Council direction or resolution. Direction by Individual Councillors Council directs the Administration by resolution. Individual councillors may not give direction to the Administration, civic agencies, or employees, nor interfere with the performance or work of the Administration, unless Council has delegated authority to that councillor to give direction. The CAO is responsible by by-law for the direction of town employees. Corporate Strategic Plan The Town of Oakville’s Strategic Plan is guided by three fundamental elements: our vision, our mission and our values. Our vision is the desired future toward which our entire strategic plan is directed. It describes a future view of our community that we are committed to achieving. Our mission describes both our purpose and our practices. It acknowledges that the town serves multiple stakeholders, and all of their interests are important to us. Both our vision and mission are founded on the values that guide all our actions and decisions. For our mission, vision and values to have significant impact on the organization, they also have to be accompanied by deliberate plans of actions to move us toward our desired future. Council determines its areas of focus on an annual basis and staff then prepares annual action plans to ensure Council achieves its strategic priorities. Vision: To be the most livable town in Canada Mission: • We create and preserve Canada’s most livable community that enhances the natural, cultural, social and economic environments. We achieve this by continuously improving programs and services that are both accessible and environmentally and fiscally sustainable. • We are highly valued and widely celebrated due to the innovative and outstanding way we satisfy the needs of our residents, businesses and employees. As a result, the process is as fulfilling as the outcome. • We ensure our staff receives the same level of respect, commitment and caring that they are expected to deliver to the community. 1 References: Municipal Act, 2001, Building Code Act, Fire Protection and Prevention Act. 2-30 Council Orientation Manual — Chapter 2 Values: • Accountability – We deliver what we promise. We are accountable for our own actions and results. We are accountable for the efficient and effective use of public funds. • Dedication – We willingly take on responsibility. We are committed to serving our community. We take initiative and we take on our share of the work. • Honesty - Each of us demonstrates personal integrity, truthfulness and honesty in how we do our job. We inspire public confidence and trust in our government. • Innovation - We pursue innovation by being creative, showing initiative and taking risks. We encourage employees to exercise judgment in meeting customer needs. • Respect – We value an open, respectful and positive workplace. We value the cultural and social diversity of our community. We make it possible for every citizen to participate in our government. • Teamwork – We act as a team. We demonstrate high levels of trust and cooperation. We collaborate across departments to achieve our goals. 2-31 Council Orientation Manual — Chapter 2 2-32 Council Orientation Manual — Chapter 2 Frequently Asked Questions CAO’s Office Question Answer How do I book a Town Hall tour for my school/class? Town Hall tours can be booked by phoning 905-3384173. Does the Mayor offer congratulatory letters for anniversaries and achievements? The Mayor does offer congratulatory letters for milestone Wedding Anniversaries and Birthdays by request. Full details can be found on the Town’s website www.oakville.ca under Council and Mayor’s Office. How can I share my comments with the CAO? Comments are always welcome and can be shared with the CAO in person by requesting a meeting; in a telephone discussion; or via e-mail. What publications does the Town produce? The main corporate publications are Annual Report, Ward Newsletters, Parks and Recreation Guide, and the Your Town Guide. The Town also produces many pamphlets, brochures and fact sheets to support individual programs and services. For more information, please contact 905845-6601, ext. 3038. Corporate Services Commission Question Answer Where can I get a marriage licence or birth/death certificate? Marriage licences may be obtained at the Clerk’s Department. Full details can be found on the town’s website or by phoning 905-815-6015 for information. Applications for birth/death certificates can be obtained at the Clerk’s Department or downloaded from the Ministry of Government Services website. When are Council meetings scheduled and can I attend? All Council meetings are advertised on the town website and are open to the public. There are occasions when a Council meeting or a portion of a meeting is closed to the public in accordance with the provisions of the Municipal Act, 2001. How do I get to speak before Council? You can phone 905-338-4235 to request that you be listed as a delegation to speak to Council on a specific item on an agenda, no later than 12 noon on the day of the meeting. How can I get involved in Committee work? Vacant positions for Committee work are advertised on the town’s website and in the local newspaper. Applications are available on -line or at the Clerk’s Department at Town Hall. 2-33 Council Orientation Manual — Chapter 2 How do I reach the town’s Commissioner for Taking Affidavits? You can phone the Clerk’s Department at 905-8156015 to make an appointment with the town’s Commissioner for Taking Affidavits. Who can I contact about my neighbour’s barking dog? You can phone the By-law Enforcement section of the Clerk’s Department at 905-845-6601 ext. 3254. Who can I contact about my neighbour’s fence? You can phone the By-law Enforcement section of the Clerk’s Department at 905-845-6601 ext. 3254. What is the recruitment process? All jobs are posted on the town’s website (www.oakville.ca, click on employment, and click on current opportunities). Job postings provide the job title, pay rate, reporting relationship, job duties and qualifications. Some jobs require criminal records checks. Directions for applying to a posting are found at that website. Applications are only received electronically*. Only those applicants selected for an interview are contacted. Applicants may undergo testing and interviews. The town interviews and considers internal candidates prior to interviewing external candidates. Individuals are invited to call the Human Resources department (905-845-6601 ext 3241 or 3248) if they have general questions about our recruitment process *Hard copy school crossing guard applications are accepted by Human Resources, Town Hall. How do I get a summer job with the town? Student positions in the Town are posted on the town’s website (www.oakville.ca – human resources – employment –student employment) in the November – December period. All applications must be submitted electronically through the town’s website. The town does not retain unsolicited resumes. Do you have any planning intern positions or other co-op positions available? Interns and co-ops are recruited by town staff through college and university campuses. Can my councillor get me a job? Do you have to know someone at town hall to get a job? An employee of the Town of Oakville, a member of Council or a member of a Local Board may not advocate for the employment of any individual by the Town of Oakville. How do I get a Record of Employment? You can call 1-800-263-8364 to obtain a Record of Employment. How do I apply for Employment Insurance? You can call 1-800-206-7218 for information on Employment Insurance applications. 2-34 Council Orientation Manual — Chapter 2 A piece of equipment that is owned by the Town damaged my car – how do I get reimbursed for repairs? It is very important for Councillors to be noncommittal regarding any incident that could lead to an insurance claim against the Town. Simply suggest that the constituent contacts our risk management section at 905-338-4197. Never admit fault. Never offer to intervene. What do I do if I disagree with my property assessment? Property assessment values are determined by the Municipal Property Assessment Corporation (MPAC). The Town has no authority to change assessments. Residents who would like to challenge their assessment must apply through either a Request for Reconsideration or file an appeal with MPAC. Information and forms are available at www.mpac.ca or by calling 1-866-296-6722. Why do I have to pay penalties when my tax payment is late? The Town bills and collects taxes on behalf of the Town, Region, School Boards and BIA’s. We are legislated to forward amount to all parties regardless of whether taxes are paid or not. As like all bills, a deadline must be enforced to ensure the Town can meet its financial obligations. If installments are not paid by the deadline, late payment charges apply at a rate of 1.25% per month or 15% annually. In order to ensure all taxpayers are treated fairly and consistently, staff have no authority to waive late payment charges. What are Development Charges? Development charges replaced lot levies as the primary way for Ontario municipalities to raise funds for required services and infrastructure improvements resulting from development. Every development application is evaluated to determine to what extent development charges are applicable. Can I appeal Development Charges? Yes, through a section 20 complaint process of Development Charges Act. When are Development Charges collected? Development Charges are payable at the issuance of any building permit at the rate in effect at that time. Community Services Commission Question Answer How do I register for recreation programs? There are three ways to register: IRIS on-line at www.oakville.ca 24 hour on–line registration IRIS by phone at 905-815-2000 By fax, mail or drop off How do I go about becoming a firefighter? Access the Fire Department website at www.oakvillefire.ca and click on ‘Recruitment’ for details. 2-35 Council Orientation Manual — Chapter 2 How do I schedule a fire station tour? Call the Fire Prevention Division at 905-338-4404 and provide the date and time of the requested tour. How do I get a library card and how much does it cost? Library cards are free to all residents. To sign up, just drop by one of our branches. For more information visit www.opl.on.ca. What kinds of cultural activities does Oakville offer? The Town owns and operates the Oakville Centre for Performing Arts and the Oakville Museum. Through Recreation Services, several sports, arts and dance programs are available to children, adults and seniors. The Oakville Public Library offers a wide range of cultural activities for residents of all ages. Are there any town owned fitness centres? There are three fitness centres located with community centres: River Oaks, Glen Abbey and Iroquois Ridge. How can I book a room at a community centre Bookings for all sport fields and facilities are done (or arena, playing fields, parks or pool etc.)? centrally by calling 905-815-5989. What are the quality standards for recreation programs? The Town sets high standards for quality and adheres to provincial quality assurance programs and best practices. Is there a Seniors club and where is it? Activities for seniors are offered at a number of locations: Sir John Colborne Centre, Oakville Seniors, Iroquois Ridge and River Oaks. Where can I go public skating? All arenas offer public skating times. These are staggered to ensure there is a range of times available to the public. Where can I go public swimming? All town-owned swimming pools offer public swimming times. Are there any youth centres? There are two youth centres. One on Lakeshore Road in Bronte, and one on Cross Avenue. Where can I get information on either municipal or private tree by-laws? Municipal trees are protected by By-law 2009-045 and private trees are protected by By-law 2008-156. You can check the web site or call 905-845-6601 x 3848 for more information. 2-36 Council Orientation Manual — Chapter 2 Infrastructure Services Commission Question Answer When will my road or sidewalk be plowed? It depends on the type of road a resident lives on. Primary and secondary roads are cleared first to ensure that individuals and emergency service vehicles like fire trucks and ambulances, can safely travel to hospitals, schools and work, and get to public transportation systems during or immediately after a snowfall. Local residential streets are plowed only after snow accumulates in excess of 10 centimetres. When all streets require plowing, they are to be cleared within 24 hours after the end of the storm. Heavy snowfalls or successive storms can sometimes extend this period longer than 24 hours. Sidewalks are cleared only after snow accumulates in excess of five centimetres, and only after roads are cleared. Sidewalks located on primary and secondary roads with schools are plowed first, followed by residential sidewalks. Sidewalk salting and sanding is done only on primary and secondary sidewalks when extremely slippery conditions exist. For more information call 905-815-5999. How do I get a municipal tree that has died replaced? Contact the Forestry Section at 905-845-6601 ext. 3395. My streetlight is out, how do I get it fixed? To report a malfunctioning or broken streetlight, please contact Oakville Hydro at 905-825-9400 or fill out their online form at www.oakvillehydro.com. Who should I contact about repairing the pavement or sidewalk on my street? For general road & sidewalk maintenance, please contact the Works Operations Division of the Roads and Works Operations Department at 905-338-4392 or e-mail roads&works@oakville.ca. How can I deal with traffic concerns? Questions or concerns related to traffic operations and safety, or requests for changes in traffic control measures such as: all way stop control; traffic calming devices; parking prohibitions or posted speed limits should be referred to Traffic Engineering staff at 905845-6601 ext. 3307 or 3397. The Town’s traffic calming policy and programs are provided for information and reference at www.oakville.ca/trafficcalming.htm. 2-37 Council Orientation Manual — Chapter 2 Where can I pay my parking ticket? Town of Oakville parking tickets can be paid on-line at paytickets.ca; in person at the Oakville Parking / Halton Court Services Office on the second floor of Town Hall, or by mail to Parking Operations, P.O. Box 310, 1225 Trafalgar Road, Oakville, ON, L6J 5A6. Additional details and contact information is available on the Town web-page www.oakville.ca/parking.htm. How much is it to take the bus in Oakville? It is a $3.00 cash fare. Tickets and passes are available from ticket agents located throughout the Town. Visit www.oakvilletransit.ca for further information. Where do I find information timetables, maps, and the cost of taking the bus? Oakville Transit schedule information, route map and pricing information is available on-line at www.oakvilletransit.ca, by e-mail at transitinfo@oakville.ca, by calling 905-815-2020, in-person at 480 Wyecroft Road, or at Town Hall. Schedule information is also available from our many ticket agent locations throughout the Town. Do I need a permit to widen my driveway? Yes. Permits for any proposed work within a Town road allowance, including driveway entrances, are obtained from the Road Corridor Office in the Engineering & Construction Department. Town bylaws and policies do place limitations on the dimensions and other components of a driveway entrance. For additional information check the Town web-page www.oakville.ca/roadpermits.htm or call 905-845-6601 ext. 3302 or 3398. When will the Town collect leaves on my street? The Town provides bulk leaf collection service in designated areas in Oakville in the spring and autumn. The schedule is advertised in local papers and is also available online at www.oakville.ca. You may also contact the Works Operations Division of the Roads & Works Operations Department at 905338-4392 or e-mail roads&works@oakville.ca. Who should I contact about the timing cycle of a traffic signal? To inquire about the timing cycle of traffic control devices, contact the Traffic Operations Division of the Roads & Works Operations Department at 905-3384392 or e-mail roads&works@oakville.ca. I would like a stop sign installed, whom do I talk to about this? Requests for new traffic control devices such as stop signs, traffic signals, parking prohibitions, etc. are reviewed by the Traffic Engineering Section within the Engineering & Construction Department. Contact Traffic Engineering at 905-845-6601 ext. 3307 or 3397. 2-38 Council Orientation Manual — Chapter 2 The ditch in front of my property does not drain properly, who do I talk to about this? Please contact the Works Operations Division of the Roads & Works Operations Department at 905-3384392 or e-mail roads&works@oakville.ca. Do I need a permit to carry out work on or adjacent to a Town roadway? Yes, permits for any proposed work within a Town road allowance are obtained from the Road Corridor Office in the Engineering & Construction Department. For additional information check the Town website www.oakville.ca/roadpermits.htm or call 905-8456601 ext. 3302 or 3398. What is Oakville’s Environmental Strategic Plan? The Town’s Environmental Strategic Plan (ESP) presents recommendations for hundreds of actions by the community, businesses and governments to improve Oakville’s environment. The ESP Advisory Committee has been established to support, promote, communicate, monitor and review all aspects of the implementation of the ESP. Additional information can be found on the Town's website www.oakville.ca/bpo-esp.htm How can I help my environment? The town’s website has lots of information on how residents can enhance and protect the environment and conserve energy. Information can be requested by email at environment@oakville.ca, on the Town’s website at www.oakville.ca/environment.htm, or by calling (905) 845-6601 ext 3948, 3910 or 3898. Where can I get information on the Health Protection Air Quality By-law? Please contact Oakville’s Research Policy Analyst – Air, at (905) 845-6601 ext 3149 or e-mail at healthprotection@oakville.ca Planning, Development and Building Commission Question Answer Where can I get a building permit? You can apply for a building permit at the Building Services Department. What do I need a permit for? A building permit is required for any new building, addition or material alteration to an existing building, for any accessory building over 107 sq ft (10m2), any size building that contains plumbing or plumbing not located in a structure. Material alterations to an existing building include HVAC and plumbing system changes or installation of roof top solar collectors. How can I find out about pending development applications? Contact the Planning Services Department at 905-8456601 to speak to the Planner on Duty or refer to the Town’s website at www.oakville.ca/planservapps.htm. 2-39 Council Orientation Manual — Chapter 2 Can I renovate my heritage home? Yes, a permit is required to ensure that any renovations respects the heritage attributes which have been designated as a heritage home under the Ontario Heritage Act. Contact the Planning Services Department at 905-845-6601 to speak to a Heritage Planner for further details. How can I find out the zoning and permitted uses of specific lands in Oakville? Contact a Zoning Officer in the Zoning section of the Building Services department. What is an official plan? An official plan is a municipality’s primary strategic document for managing and guiding land use and development. It establishes policies to direct the form, extent, nature and rate of growth and change. An official plan is generally designed to guide community decisions within an established timeframe. What is a zoning by-law? A zoning by-law controls the uses of land in a community. It determines: how land may be used where buildings and structures may be located types of buildings that are permitted and how they may be used lot sizes and dimensions, parking requirements, building heights and setbacks. How do I find out the zoning and official plan designation for my property? When purchasing a property it is a good idea to first obtain zoning and official plan information. Official plan information is available from the Planning Services Department and may be obtained by telephone, e-mail at planning@oakville.ca or inperson at Town Hall. Zoning by-law information is available from the Zoning Administration Section of the Building Services Department. When do you need a zoning by-law amendment? A rezoning by-law may be required if you propose to alter your property in a manner that differs from the requirements of the existing zoning, such as: a change in use of a building major reductions in zoning provisions inclusion of additional uses If you intend to alter your property in a manner which results in minor deviations from the zoning by-law requirements, a “minor variance” may be an alternative to a rezoning. For more information call the Planning Services Department at 905-845-6601. How do I find out what is planned to be built in a certain area of town? Contact the Planning Services Department at 905-8456601 to speak to the Planner on Duty who can provide the information requested. 2-40 Council Orientation Manual — Chapter 2 There is a proposal sign on a parcel of land and I would like to know what is proposed. Contact the Planning Services Department at 905-8456601 to speak to the Planner on Duty who will determine which planner in the department has been assigned to the file and you will be directed to this planner for further information. What school will my child be attending? The Halton District School Boards determine the geographical boundaries for students attending their schools. Contact the following for further information: Halton District School Board at 905-335-3665 for information on the public school system, or Halton Catholic School Board at 905-6326300 for information on the catholic school system. Where and how do I get maps? Many maps may be obtained through the Town’s website. Contact Cartographic Services in the Planning and Development Commission at 905-8456601 for further information. How can I get involved? If you receive a public notice in the mail, see a proposal sign on a property or read a public notice in the newspaper, call the Planning Services Department at 905-845-6601 for more information. If you have specific concerns on an application the planner assigned to the file can meet with you to discuss them. You may also: provide your written comments discuss your concerns with a ward councillor attend the public information meetings, workshops, and/or open houses where the proposal will be discussed attend the public hearing where the proposal will be discussed before Town Council and a decision made on the proposal. I gave a builder a deposit when I bought my home, when will this be returned? Builders typically ask for deposits prior to closing of an agreement of purchase and sale to ensure that new owners do not alter lot grading prior to assumption of the plan by the Town. Therefore the builder is the holder of the deposit and they should be contacted to determine when the refund is due. Development Services Department can be contacted for date of assumption. 2-41 Chapter 3 – Remuneration, Resources & Services Table of Contents Stipends ..........................................................................................................................3 Future adjustments of remuneration ................................................................................3 Pension ...........................................................................................................................3 Benefits ...........................................................................................................................3 Remuneration — provision of office equipment and materials ......................................... 4 Reimbursements .............................................................................................................4 Reimbursement procedure ..............................................................................................4 Annual allowance ............................................................................................................5 Corporate promotional products ......................................................................................5 Let’s Talk Oakville newsletter ..........................................................................................5 Canada Savings Bonds payroll savings plan ................................................................... 5 Support to Members of Council .......................................................................................5 Councillors’ offices ..........................................................................................................5 Council orientation/information sessions ......................................................................... 6 Council Orientation Manual — Chapter 3 3-2 Council Orientation Manual — Chapter 3 Council Remuneration, Resources and Services Policy G-GEN-005 and its associated procedures, posted on the town website at www.oakville.ca/G-GEN-005.htm govern Council remuneration, resources and expenses. Stipends Effective December 1, 2010, the annual stipends for Members of Council are as follows: Mayor: $111,496 Councillors: $45,737 (a) Stipends are paid by the treasurer of the corporation and payable to Council as part of the regular bi-weekly municipal payroll. Stipends include payment for attendance at Council meetings and any of its committees, and for attendance at any other committee, board or commission to which the Mayor and councillors may be appointed by resolution. Stipends are fully taxable. In addition to the above stipend, the Mayor and councillors elected to Halton Regional Council or appointed to any other body, are entitled to receive any remuneration payable to them in that capacity. (b) (c) (d) Future adjustments of remuneration A review of a comparator group of municipalities is undertaken each regular election year to determine the remuneration rates for the newly elected Council. A comparator group of sufficient size to provide a meaningful sample is used and the 75th percentile rate acts as a guiding principle together with any other factors determined relevant and applicable. Stipends adopted by the current Council are effective December 1 of the election year for the incoming Council. In non-election years, stipends for both the Mayor and Members of Council are automatically increased by the average percentage increase received by both unionized and non-unionized employees of the Town of Oakville, effective December 1 of each non-election year. Pension By-law 2000-204 directs that the Mayor and Members of Council be enrolled in the Ontario Municipal Employees Retirement System (OMERS) pension plan, if eligible. Benefits Each Member of Council is eligible to enroll in the benefit plan, which includes coverage for life insurance, accidental death and dismemberment, dental and extended health care. The Group Benefit Plan booklet, distributed by the Payroll division of Finance, outlines the plan’s terms, conditions and limitations. As well, Members of Council can enroll in optional life and accidental death and dismemberment benefits at their own cost. For details, please contact: • • Benefit inquiries: Natasha Cowan, 905-845-6601, ext. 3082 Payroll and Pension inquiries: Thelma Payne, 905-845-6601, ext. 3075 An individual who ceases to be a Member of Council is entitled to receive medical and dental coverage for three months after leaving office provided the individual served two terms of office and was not disqualified from holding office under section 258 or 259 of the Municipal Act. 3-3 Council Orientation Manual — Chapter 3 Remuneration — provision of office equipment and materials To effectively perform their duties and responsibilities, Members of Council receive an allowance (determined every election year) for office furniture/set-up as a one-time payment for the term of office. The town also provides councillors with the following: (a) (b) (c) A personal laptop computer with appropriate software and a printer/fax device A phone line with fax capabilities and an Internet-based communications link to the town’s systems with unlimited internet access A BlackBerry-based personal digital assistant (PDA) and/or a cell phone All of the above provisions are based on town standards. The director of the Information Systems + Solutions (IS+S) department coordinates the delivery and installation of the home office technologies; ongoing support and training; and cell phone usage and long-distance packages. Reimbursements (a) (b) (c) (d) (e) (f) Office furniture At the beginning of each term of Council, each councillor is provided with a one-time payment of $1,200 to purchase office furniture to establish a home office. Cell phones, PDAs and air-time packages Members of Council are give a cell phone or BlackBerry and a corporate air-time package. Coucillors are reimbursed monthly for the cost of the town-related corporate air-time package through Payroll. The air-time package is terminated at the end of a councillor’s term, at which time the cell phone can be purchased at residual value. Mileage reimbursement Members of Council are eligible to receive monthly reimbursement for mileage if they are required to travel on town business as a result of their position. Reimbursement is made in accordance with the established per-kilometer rate for non-union employees based on current Treasury Board rates. Mileage related to travelling from a councillor’s home to a normal meeting location (e.g., municipal offices) is not eligible for reimbursement. Car allowance for Mayor Upon taking office, the Mayor receives a monthly $750 taxable car allowance, provided through Payroll. Credit card The Mayor receives a corporate credit card. Credit card receipts must be submitted to Payroll together with original detailed receipts and a brief written explanation for the purpose of the purchases. Out-of-pocket expenses The town reimburses councillors for reasonable out-of-pocket expenses incurred while conducting municipal business. Reimbursement procedure (a) (b) Members of Council are responsible for submitting a monthly reimbursement expense form, to the executive assistant (EA) to council, for the specified corporate air-time package for communications equipment and related home office expenses (fax, cell phone, PDA, etc.). Members of Council retain all original bills and receipts relating to any claimed expenses for their term of office and have them available for audit. 3-4 Council Orientation Manual — Chapter 3 (c) (d) At the end of the councillor’s term, reimbursement for the phone and Internet access and air-time package is discontinued, at which time councillors may purchase the computer, printing equipment and PDA at its residual value. The EA forwards all reimbursement expense forms for processing to Payroll as part of the bi-weekly payroll cycle. Annual allowance The approved annual budget includes an annual allowance for each councillor to cover the cost of attendance at conferences, seminars and expenses related to maintaining a community profile, such as attending community events, annual general meetings (AGMs), fundraising events, and advertising and sponsorship of local community group brochures and literature. The current allowance for each member is $3,500 and is subject to annual review. Expenses charged to the annual allowance, subject to limits outlined in the Corporate Conference and Business Expense Policy, are authorized by the individual councillor and submitted to the Finance department for reimbursement within 30 days of incurring the expense. A quarterly recap of expenses is prepared by the Finance department and distributed to councillors for review. Corporate promotional products From time to time, town pins, flags and other town products may be made available to the public and service clubs. Let’s Talk Oakville newsletter Let’s Talk Oakville is a town-wide newsletter prepared and distributed three times a year. Each ward is provided with a writer to assist in the preparation of their section. The cost of publishing the newsletter is viewed as a corporate expense, and is provided for in the annual budget. Canada Savings Bonds payroll savings plan Members of Council can purchase Canada Savings Bonds through payroll deductions. Once signed up, bond purchases are deducted from each pay. During the town’s annual Canada Savings Bonds sales period (October), changes to contribution amounts or opening a new plan can be easily accommodated. Please contact the Payroll division if changes are required at other times of the year. Should a councillor’s term of office expire prior to the full deduction being completed, arrangements can be made to have bond purchases continue by debit from a personal bank account or through a new employer, assuming they sponsor the payroll savings program. Support to Members of Council The EA to Council provides support to councillors in the areas of policy deliberations, communications, community relations and issues management. Members of Council and the CAO’s office share the resources of 1.5 administrative assistants who provide general administrative support including reception services, word-processing, scheduling meetings, managing expense reimbursements and ordering office supplies. Councillors’ offices A meeting room and office are available as needed on a first-come first-served basis in the Mayor’s and councillors’ office area. These facilities or alternative rooms/facilities for larger meetings may be reserved for specific dates through one of the administrative assistants. 3-5 Council Orientation Manual — Chapter 3 Council orientation/information sessions Ongoing orientation/training sessions are scheduled as needed to help Members of Council in meeting their responsibilities. Please advise the CAO’s office of topics that would be of assistance to you. 3-6 Chapter 4 - Meetings & Procedures Table of Contents Meeting schedule ............................................................................................................3 Attendance and voting at meetings .................................................................................3 Statutory requirements ....................................................................................................3 Agenda item submissions ...............................................................................................3 Meetings .........................................................................................................................3 Council (regular meetings) ........................................................................................3 Special Council meetings ..........................................................................................4 Planning and Development Council meetings ........................................................... 4 Committee of the Whole ...........................................................................................4 Public meetings ........................................................................................................4 Standing committees ................................................................................................4 Community Services Committee ...............................................................................5 Administrative Services Committee........................................................................... 5 Budget Committee ....................................................................................................5 Membership on Administrative Services and Community Services committees ........ 6 Attendance ...............................................................................................................6 Quorum.....................................................................................................................6 Procedure By-law and Parliamentary Law and Rules of Order ........................................ 7 Meeting record ..........................................................................................................7 Notice of meeting ......................................................................................................7 Preparation of the agenda ........................................................................................7 Consent agenda .......................................................................................................7 Committee reports ....................................................................................................7 Role of chair .............................................................................................................8 Determination of acting Mayor ..................................................................................8 Call to order ..............................................................................................................8 Order of business .....................................................................................................8 Adoption of previous minutes ....................................................................................8 Closed meeting session — in-camera discussion ..................................................... 9 Closed meeting investigations ..................................................................................9 Council Orientation Manual — Chapter 4 Rules of conduct and debate at Council .................................................................... 9 Notices of motion .................................................................................................... 10 Reconsideration ...................................................................................................... 10 Voting on motions ................................................................................................... 11 Recorded vote ........................................................................................................ 11 Point of privilege ..................................................................................................... 11 Point of order .......................................................................................................... 12 By-laws ...................................................................................................................12 Adjournment ........................................................................................................... 12 Lack of time ............................................................................................................ 12 Standard items sent to Council via email ....................................................................... 12 Notices of planning applications .............................................................................. 12 Notices of passing of by-laws (zoning/OPAs) .......................................................... 12 Notices of appeal .................................................................................................... 12 Notices regarding Committee of Adjustment ........................................................... 12 Site plan applications .............................................................................................. 12 Tender openings ..................................................................................................... 13 Council information items ........................................................................................ 13 Dispositions of Council, Planning and Development Council, and standing committee meetings ................................................................................................ 13 E-Clippings ............................................................................................................. 13 Schedule of meetings ............................................................................................. 13 News releases ........................................................................................................ 13 Emergency Management .............................................................................................. 14 Municipal Freedom of Information and Protection of Privacy Act / Corporate Records .. 15 Principles of the act ................................................................................................ 15 Impact of the act ..................................................................................................... 15 Definition of a record ............................................................................................... 15 Records of elected officials ..................................................................................... 16 Municipal freedom of information and privacy officer............................................... 16 Corporate records ................................................................................................... 16 4-2 Council Orientation Manual — Chapter 4 Meetings & Procedures Meeting schedule Each year Council is requested to approve an annual schedule of meetings. Normally, Council meets on the first and third Mondays of each month; Planning and Development Council on the second and fourth Mondays; and standing committees on the second and fourth Tuesday. Certain variations to the normal schedule are usually proposed to allow for major events and holidays. Attendance and voting at meetings Attendance at and participation in Council and committee meetings is important if you are to fulfill the representative and legislative responsibilities of elected office. Statutory requirements The Municipal Act, 2001 s.259, states that you will be disqualified from remaining a Member of Council if you are absent from Council meetings for three successive months starting from the date of the first meeting missed. You are not disqualified if your absence is authorized by a resolution of Council. You are required to vote on all items of business, unless you have an obligation or right to abstain under the Municipal Conflict of Interest Act. You must abstain if you have a pecuniary interest in the matter or if you are absent for all of the statutory public hearings on the issue. Agenda item submissions Staff reports proposed to be included as agenda items on any Council or committee agenda are signed off by the commissioner and submitted to the town clerk for the review and approval of the CAO in accordance with the following deadlines: Council: by Wednesday at 9 a.m., eight working days prior to the meeting Planning and Development Council: by Wednesday at 9 a.m., 13 working days prior to the meeting Standing committees: by Wednesday at 9 a.m., nine working days prior to the meeting Where it is deemed that further information or reports are necessary for Council and/or committees to properly review an item of business, the town clerk may postpone the placement of an item to a future agenda to arrange for the provision of the necessary information. Meetings Council (regular meetings) Regular Council meetings are held on the first and third Monday of each month at 7 p.m. in the Council Chamber. Regular Council meetings deal with recommendations from standing committees, reports of a routine or urgent nature and the passing of by-laws. 4-3 Council Orientation Manual — Chapter 4 Special Council meetings Special Council meetings may be called at any time by the Mayor, by Council resolution, or by the submission to the clerk of a petition signed by a majority of councillors. Notice of a Special Council meeting specifies the purpose of the meeting and no other business is transacted at the meeting. A Special Council meeting may be held, without notice, to deal with an emergency situation provided that an attempt has been made to reach the Members of Council by telephone at their respective residences and places of business. No business except business dealing directly with the emergency situation is discussed at the meeting. Planning and Development Council meetings Planning and Development Council meetings are held on the second and fourth Monday of each month at 7 p.m. in the Council Chamber. Planning and Development Council meetings are held to consider planning and development matters, such as land use policy studies, subdivision approvals, official plan and zoning amendments, associated legal matters and heritage issues. At each meeting, the Council resolves into Committee of the Whole to relax procedures to facilitate public meetings under the Planning Act. Committee of the Whole Council may resolve at any time into a Committee of the Whole session by resolution, at which time the rules of procedure governing standing committees prevail. The Mayor may leave the Chair and, if he/she elects to do so, he/she shall first appoint a chair of the Committee of the Whole who shall maintain order in the committee. The Mayor shall resume the chair in the event of disorder in the meeting. Committee of the Whole meetings are held to consider and report on communications that have been referred to the committee and any other matter that has been referred to the committee by resolution of Council. Public meetings The Municipal Act, 2001 requires that all Council and committee meetings be open to the public except where authorized to be closed. (see “Closed session — in-camera discussions”) Standing committees There are currently three standing committees: • • • Community Services Committee Administrative Services Committee Budget Committee Standing committees are committees comprised of Council members only, which operate under more relaxed rules of procedure than those applied to Council to permit more detailed discussion of agenda items. All recommendations from the standing committees must be submitted to Council for final approval. Each committee reviews items listed on its agenda and makes recommendations on each item to the next regular scheduled Council meeting. Council may approve, amend or reject committee recommendations, but has to defeat the recommendations from the standing committee prior to making a contrary motion. The Mayor is an ex-officio member of all standing committees, which means that he/she is not required to attend and his/her non-attendance does not affect quorum. When in attendance; however, the Mayor is a voting member of the committee and can be included in the count of members necessary to achieve a quorum. 4-4 Council Orientation Manual — Chapter 4 Community Services Committee This committee is comprised of six Members of Council and meets on the second and fourth Tuesday of the month at 7 p.m. at Town Hall to review reports from Town of Oakville staff concerning policy, operations and administrative matters pertaining to the Community Services and Infrastructure and Transportation Services Commissions including: • Engineering and Construction • Roads and Works • Environmental Policy • Oakville Transit • Parks and Open Space • Recreation and Culture • Oakville Fire Department • Relative Advisory Committees and Boards Administrative Services Committee This committee is comprised of the remaining six members of Council and meets on the second and fourth Tuesday of the month at 7 p.m. at Town Hall to review reports from Town of Oakville staff concerning financial matters and corporate policy as well as operations and administrative matters pertaining to the CAO’s Office and Corporate Services Commission including: • • • • • • • • • • • • Administration Strategy, Policy and Communications Clerk’s Facilities and Capital Maintenance Financial Operations Financial Planning Internal and External Audit Human Resources Information Systems + Solutions Legal Related advisory committees and boards Citizen appointments to boards and advisory committees Budget Committee The Budget Committee reviews annually the operating and capital budgets as submitted by various town departments. It is comprised of the Mayor and four Members of Council. The membership changes each year with one member of the previous year’s committee being appointed where possible to provide continuity. Budget Committee meets as required annually, holding at least one public meeting, prior to final operating and capital budget recommendations going forward to Council. At the first Budget Committee meeting each year the members elect a chair. 4-5 Council Orientation Manual — Chapter 4 Membership on Administrative Services and Community Services committees The Administrative Services and Community Services committees consist of six Members of Council and the Mayor. The councillors appointed to these standing committees are recommended to Council and confirmed by by-law. Each member, excluding the Mayor, rotates the position of chair in alphabetical order. In the absence of the designated chair, the responsibility of chair is passed to the next member on the alphabetical listing. The first chair for a new term of Council is, where possible, a returning Member of Council. Members are appointed for one-year terms with the option to change at the end of November each year. The Mayor remains on both committees by virtue of office in an ex-officio capacity. Attendance All Members of Council may attend any standing committee meeting. Although a councillor attending a meeting may present his/her views or opinions, he or she may not make any motions or vote unless he/she is a member of the committee. Quorum Quorum for all committee meetings is the majority of members. If there is no quorum present within half an hour after the time appointed for the meeting, the committee stands adjourned until the date and time of the next regular meeting and the clerk or his/her representative records the names of the members present. 4-6 Council Orientation Manual — Chapter 4 P ro c e d u re By-la w a n d P a rlia m e n ta ry La w a n d Ru le s o f Ord e r The Procedure By-law 2009-114, as amended, is provided separately for easy access and referral as required by the members. The by-law and any amendments are also available on the town website. Meeting record The Municipal Act, 2001 specifies that minutes be kept of all meetings of Council. The town also provides a web-streamed delivery of Council, Planning and Development Council and Budget Committee meetings on the town website. Notice of meeting The clerk gives notice of every Council meeting to Members of Council, the CAO, commissioners, department heads and the public. Notice to councillors is in the form of an agenda, including all reports and any relevant material for consideration at the meeting. The agenda is delivered to each councillor no later than 48 hours prior to the meeting date and time. Notice to the public of meetings is posted on the town website. Notice to the public about meetings at which specific types of decisions are to be considered is also given in accordance with the relevant legislation or the town’s Notice and Public Engagement Policy. Agendas are posted on the town’s website and provided to the public, resident and community associations upon request. Preparation of the agenda The clerk is responsible for the preparation and distribution of agendas, in accordance with the procedure by-law and related procedures for agendas. Consent agenda The agendas are prepared to reflect consent items and discussion items. Consent agendas include items that are routine and/or non-controversial and where there is no indication of public interest. Items listed under the consent agenda may be adopted in a single motion and the passage of such motion is taken to confirm that all recommendations as proposed in the relevant staff reports are approved. Any Member of Council may request the separation of an item from the consent agenda for discussion purposes prior to the motion to adopt being placed or voted upon. Committee reports Standing committee reports may be adopted and confirmed by Council in a single motion. The passage of such motion is taken to confirm all of the proceedings taken in the meeting and to adopt and ratify all recommendations therein, except for those matters dealt with or voted on separately. Prior to the adoption of a committee report, any Member of Council may request that an item be separated for further discussion, or to be voted on separately. Where an item has been separated for the purpose of discussion, the procedure by-law requires that the recommendation of the standing committee be disposed of prior to a contrary motion being presented for consideration. 4-7 Council Orientation Manual — Chapter 4 While Council may amend the recommendation of the standing committee, it may not consider a contrary motion without first voting down the recommendation of the committee. Role of chair The Mayor (as chair of Council) or chair of a committee is responsible for presiding over the meeting and maintaining order and good conduct. The procedure by-law provides the ability to perform this function by establishing appropriate standards of conduct for Members of Council and the public. The chair must ensure that all Members of Council have an equal opportunity to participate in debate in addition to determining the speaking order. The chair may expel any person for improper conduct at a meeting. The Mayor is the presiding chair at all Council meetings and in his/her absence the acting Mayor presides. The chair of each committee is responsible for ensuring that the provisions of the procedure by-law are upheld during committee meetings. Determination of acting Mayor At the first meeting in a year following a municipal election, Council, by by-law, will appoint a councillor to act as the acting Mayor in the absence of the Mayor. The councillor has all the rights, powers, duties and authority of the Mayor while so acting. The designation of the acting Mayor is done monthly in alphabetical order by the councillor’s surname. If the Mayor and acting Mayor are both absent from the municipality the next councillor on the alphabetical list serves as acting Mayor. The first acting Mayor for December is, where possible, a returning Member of Council and the rotation of councillors shall proceed thereafter in alphabetical order. Call to order A meeting is called to order by the Mayor, acting Mayor or chair at the appointed hour provided a quorum of councillors is present. If a quorum is not present within half an hour of the scheduled start time, the meeting stands adjourned and the business of the agenda is dealt with at the next regular scheduled meeting. Order of business The business of each meeting is taken up in the order in which it stands on the agenda unless the chair or the councillors by majority vote decide otherwise. Adoption of previous minutes Minutes of previous Council meetings are circulated in the agenda package for Council approval. If there are any errors or omissions, Council must correct the minutes and adopt them as amended. The clerk should be advised immediately upon the discovery of an error to ensure the minutes are corrected in accordance with procedure. 4-8 Council Orientation Manual — Chapter 4 Closed meeting session — in-camera discussion In accordance with the provisions of the Municipal Act, 2001, a meeting or part of a meeting may be closed to the public if the subject matter being considered is: • The security of the property of the municipality; • A personal matter about an identifiable individual, including municipal employees; • A proposed or pending acquisition or disposition of land by the municipality; • Labour relations or employee negotiations; • Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; • Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; or • A matter in respect of which Council or a committee may hold a closed meeting under another Act. A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act. A motion to proceed in closed session must identify the nature of the subject matter to be discussed and be approved prior to Council or the committee proceeding to close the meeting to the public. Upon approval of the motion, the chair announces its passage confirming the nature of the matter(s) to be considered in closed session and asks the public to leave the meeting room. A vote may be taken while in closed session on procedural matters or for giving direction to staff or retained agents regarding the subject matter(s) for which the meeting was authorized to be closed. Closed meeting investigations Any person may request that an investigation take place as to whether the municipality or its local boards have complied with the provisions of Section 239 of the Municipal Act, 2001 whereby all meetings are to be open to the public subject to legislated exceptions. The procedure to be followed for a closed meeting investigation is posted on the town website at www.oakville.ca/G-GEN-009-001.htm. The clerk is responsible for ensuring this procedure is followed. Council is responsible for addressing and implementing any corrective actions resulting from adverse decisions of the closed meeting investigator and for determining whether filing fees are to be refunded to the requester. The town has appointed Local Authority Services Ltd. (LAS), a wholly owned subsidiary company of the Association of Municipalities of Ontario (AMO) as its closed meeting investigator. Rules of conduct and debate at Council The Mayor as chair presides over the conduct of a meeting, ruling on points of order and deciding all motions relating to the orderly procedure of the meeting. The Mayor may answer any questions and comment in a general way, but if he or she wishes to speak to an item, taking a definite position and endeavouring to persuade Council to support that position, the Mayor shall first leave the chair. If the Mayor has to leave the chair for the purpose of taking part in the debate, the chair is passed to the acting Mayor. 4-9 Council Orientation Manual — Chapter 4 When two or more councillors wish to speak, the Mayor names who is to speak first. When a councillor is recognized by the Mayor, he or she shall confine his/her remarks to the motion on the floor and be limited to speak for a maximum of five minutes, unless an extension is granted by Council. A councillor may speak for a second time for a further five minutes to a motion but only after every councillor who wants to speak a first time has been given the opportunity to do so. All questions are to be asked through the Mayor to be directed to the previous speaker or members of staff. A councillor shall not: • Disturb Council by any disruptive or distracting conduct, including private conversations among councillors at a meeting; • Use profane or offensive words or insulting expressions; • Disobey the rules of procedure; • Leave his/her seat or make any noise or disturbance while a vote is being taken; • Speak until he/she has been recognized by the chair; or • Interrupt a councillor who is speaking, except to raise a point of order or point of privilege. In the event that a councillor persists in breaching the procedure by-law the Mayor, with the consent of Council, may order the councillor to leave. If the councillor apologizes, the Mayor, with the consent of Council, may permit the councillor to resume his/her seat. As a supplement to the procedure by-law, procedure G-GEN-007-003 (www.oakville.ca/G-GEN007-003.htm) establishes appropriate meeting protocol for public attendees at all meetings, including Council, and standing and advisory committees, and determines procedures to be followed in the event of disturbances arising at meetings. Notices of motion Notices of motion provide an opportunity for councillors to bring forward an item for action by Council. Notices of motion may not be considered upon introduction but be introduced orally or listed on a Council agenda for debate and consideration at the next regular Council meeting so that all councillors can become familiar with the subject matter. All notices of motion require a mover and a seconder. The clerk may receive a notice of motion at any time. When a notice of motion is received before noon the Wednesday one week prior to the meeting, the item is included on the agenda as a new business item, and if received after that time, it is introduced orally under new business on the agenda. If a Member of Council believes a matter is urgent and cannot wait for consideration until the next meeting, he/she may ask Council to waive the procedure by-law allowing the notice of motion to be considered upon introduction. This requires the approval of two-thirds of the entire Council. The chair may provide the councillor a very brief opportunity to explain the subject of the motion and why the councillor believes consideration of the matter cannot wait until the next meeting. Reconsideration A Council decision may be reconsidered if a motion to reconsider the decision is approved by: • Two-thirds of councillor members present if the original decision was made at the same Council meeting 4-10 Council Orientation Manual — Chapter 4 • Two-thirds of the entire Council (regardless of the number in attendance) if the original decision was made during that term of Council If the original decision was made at the same Council meeting, the motion to reconsider may be introduced at any time prior to adjournment. When introduced at a subsequent meeting, a motion to reconsider is introduced by means of a notice of motion in accordance with Section 6.1 of the procedure by-law. A motion to reconsider a previous decision may only be introduced by a Member of Council who voted with the majority on the previous decision or who was absent when the vote was called but may be seconded by any member regardless of how he/she voted on the previous decision. The mover of a motion to reconsider must specify whether the reconsideration addresses the entire original motion or a part of the original motion. A motion cannot be reconsidered more than once, and a motion to reconsider cannot be reconsidered a second time. Debate on a motion for reconsideration shall be confined to reasons for or against reconsideration. If a motion to reconsider is decided in the affirmative by a 2/3 vote, the previous motion is considered to be on the floor for debate and vote immediately thereafter. Voting on motions Most motions are decided by a majority vote of the members present at a meeting. If a vote is tied, the motion is deemed to be decided in the negative. The Mayor announces the result of every vote. If a Member of Council disagrees with the Mayor’s announcement of the results, he or she may object immediately and require that the vote be retaken. Recorded vote A recorded vote is taken when called for by any Member of Council or when required by law. A councillor may call for a recorded vote immediately prior or subsequent to the taking of the vote. When a recorded vote is taken, the names of those who voted for and those who voted against the motion are entered in the Council minutes. All Members of Council, including the Mayor, are required to vote when a recorded vote is called for, except when absent or disqualified by a declared pecuniary interest. (Recorded votes are not permitted at committee meetings.) Point of privilege A Member of Council may raise a question of privilege when he/she considers that the right, privilege or integrity of the Members of Council collectively or an individual has been called into question. The matter of privilege takes precedent over any other matter. When the integrity of the CAO, a commissioner, department head or other town employee is questioned, the Mayor shall permit the CAO, commissioner, or department head to make a statement to Council. 4-11 Council Orientation Manual — Chapter 4 Point of order A Member of Council may at any time raise a point of order when the member feels the rules of procedure have been violated. When granted leave by the chair, the member states the point of order and the chair rules on whether or not the rules of procedure have been violated. The chair’s ruling is final unless appealed by a member, at which time the ruling is put to a vote and the majority vote decides the matter. By-laws By-laws are legislation passed by Council. In addition to regulating matters within Council’s jurisdiction, the Municipal Act, 2001 requires that council act by by-law. Consequently, the proceedings at every Council meeting are confirmed by by-law so that each resolution has the same force and effect as a by-law. Adjournment Council and committee meetings are adjourned at 10 p.m., unless two thirds of the members present adopt a motion to proceed beyond 10 p.m., in which case the meeting is adjourned no later than 10:30 p.m. Lack of time Items on an agenda that are not disposed of by Council at the hour of adjournment are added to each subsequent agenda until dealt with, unless removed from the agenda by resolution of Council. Alternatively, Council may resolve to continue the meeting on an alternate date, specified at the meeting, to complete the agenda. Sta n d a rd ite m s s e n t to Co u n c il via e m a il Notices of planning applications Notices of complete applications, public information meetings and public meeting notices required by legislation are circulated to Members of Council by email. Examples of the types of notices circulated are applications for zoning and official plan amendments, and condominium and subdivision approvals. Notices of passing of by-laws (zoning/OPAs) Upon Council approval of any application for re-zonings, official plan amendments and subdivision approvals, notices of the approval including the appeal provisions and timelines are circulated by email. Notices of appeal Members of Council are notified of all appeals filed with the Ontario Municipal Board relating to Oakville by-laws. Notices regarding Committee of Adjustment Notices of meetings and the decisions of those meetings are circulated to Council for information and filed in an information binder, kept adjacent to the councillors’ mailboxes. Site plan applications Notice of receipt of site plan applications are sent to Council for information. 4-12 Council Orientation Manual — Chapter 4 Tender openings Tender documents and openings are posted on www.biddingo.com/oakville. All Members of Council may also receive regular email notices of all tenders openings if they wish to be included on the notification list. Council information items Each week, Members of Council are circulated with general correspondence addressed to Council and the index of these items is included as information on the regular council agenda. Any Member of Council may bring an information matter forward for discussion at a future meeting by requesting a report on the matter at the Council meeting. Dispositions of Council, Planning and Development Council, and standing committee meetings After each Council meeting, a disposition is circulated by email to Members of Council and senior management advising of the approved directions of Council or Planning and Development Council and the department responsible for ensuring that such directions are fulfilled. E-Clippings A daily summary of news stories from local and GTA media is provided by email Monday to Friday by the Strategy, Policy and Communications department. Schedule of meetings Each fall, Council adopts a schedule of meetings for the upcoming year. The meeting dates are circulated as calendar entries for Members of Council to accept to add to their electronic calendars. Paper copies of the schedule are also circulated and the schedule is posted on the town website. News releases Copies of all town news releases and community advisories are circulated to Members of Council by email upon issuance. 4-13 Council Orientation Manual — Chapter 4 Em e rg e n c y Ma n a g e m e n t 1 The Emergency Management and Civil Protection Act mandates that each municipality in Ontario must have a Community Emergency Management Program to address increased public safety risks in Ontario. By-law 2006-091, establishes the town’s Emergency Management Plan, which encompasses mitigation, preparedness, response and recovery relating to significant emergencies in our municipality. The town’s Emergency Management Planning Committee chaired by the designated community emergency management coordinator (CEMC) meets regularly with internal and external stakeholders to update plans, discuss risks to the community and participate in training and emergency planning exercises. The 1998 Town of Oakville Hazard and Risk Analysis positioned us to identify local natural, technological and human caused hazards, with recommendations for mitigation and management of road, rail and petrochemical emergencies. Our longstanding association with the Oakville/Mississauga Community Awareness and Emergency Response (CAER) group and the Regional Emergency Planning Advisory Committee (REPAC) bring the best resources and practices together to meet our legislative obligations, which are continually reviewed. Typically when a significant emergency occurs, a phone call or email is made to the Mayor, CAO and councillors to advise them of the issue and keep them. In the event of a declared emergency, the Emergency Management Plan is put into effect establishing the emergency operations centre and initiating the call out of individuals in the emergency control group. Members of Council receive copies of the town’s Emergency Management Plan and a confidential phone directory. These resources will assist you with your responsibilities as Members of Council or when fulfilling the duties of acting Mayor in the event that disaster strikes our community. 1 Reference: By-law 2006-091 Emergency Management Plan 4-14 Council Orientation Manual — Chapter 4 Mu n ic ipa l Fre e d o m o f In fo rm a tio n a n d P ro te c tio n o f P riva c y Ac t a n d Co rp o ra te Re c o rd s The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) came into force for local government bodies in 1991. The act governs the collection, use and disclosure of personal information by public bodies, such as the Town of Oakville, as well as providing for access to information in the custody and control of public bodies. The principles behind this legislation are not unique to Oakville or Ontario. Similar legislation exists across Canada on the federal, provincial and municipal levels, as well as in many countries around the world. Principles of the act The purpose of MFIPPA is to make municipal public bodies more accountable to the public by providing access to records and to protect the personal privacy of individuals. The act is built upon four principles: 1. Information should be available to the public; 2. Exemptions from the right of access should be limited and specific; 3. Decisions on the disclosure of information should be reviewed independently of the institution controlling the information; and 4. The privacy of individuals with respect to personal information about themselves held by institutions must be protected and that individuals are provided with a right of access to that information. Impact of the act The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) governs: • • Access to all records in the custody and control of the Town of Oakville, regardless of media or location; and The way the Town of Oakville collects, uses, discloses and disposes of its records. The act is based on the assumption that the records of a public body, such as the town, are public records and with some limited and specific exemptions are to be as open and accessible as possible. All decisions made by the town with respect to access to information may be appealed to the Information and Privacy Commissioner for Ontario. This independent body has advisory, investigation and order-making powers to ensure that municipalities are compliant with the provisions of MFIPPA. Definition of a record MFIPPA applies to all records containing information in any form. A record means any record of information however recorded, whether in print, on film, by electronic means or otherwise, and includes correspondence, memos, books, plans, drawings, diagrams, pictorial or graphic works, photos, film, microfilm, sound recordings, videotape, machine-readable records and any other documentary material regardless of physical form or characteristics including any copy. There are a number of criteria used to determine whether a record is in the custody or under the control of a municipality. A record may be considered to be under the custody and control of the Town of Oakville if: 4-15 Council Orientation Manual — Chapter 4 • • • • • • The record was created by an officer, employee or contracted consultant of the town; The record is in the possession of the town; The record is closely integrated with other records of the town; The content of the record relates to the town’s mandate and functions; The town is the authority to regulate the record’s use and disposition; or The town has relied upon the record to a substantial extent. Records of elected officials MFIPPA applies to all records in the custody or under the control of the town. Councillors’ records are considered “personal” records that are not subject to MFIPPA where they are not related to the discharge of the Councillors’ responsibilities as a Member of Council or to some aspect of Council’s mandate, and if they are not in the custody and control of the town. Personal and constituency records may still be subject to MFIPPA if it is determined that they are within the custody or under the control of the Town of Oakville. It is recommended that personal and constituency records be maintained by the elected official separately from other records of the town. If these records are filed with or at the town, the records may be considered Town of Oakville records and may lose their exempt status under MFIPPA. Municipal freedom of information and privacy officer The freedom of information and privacy officer is responsible for the overall coordination of the act. Duties of the officer include: • Implementing policies, guidelines and procedures to manage compliance with the act; • Providing advisory services and training on freedom of information and protection of privacy to management and staff; • Managing the MFIPPA request process, which includes: o Assisting applicants; o Meeting time limits and notification requirements; o Considering representation from third parties; o Calculating fee estimates and collecting fees; o Reviewing recommendations on the release of records; and o Responding to applicants. Municipal freedom of information requests are processed by the Clerk’s department. Corporate records 2 The town clerk is required to record, without note or comment, all resolutions, decisions and other proceedings of the Council and to keep the originals or copies of all by-laws and of all minutes of the proceedings of Council. Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable times, inspect any of the records under the control of the town clerk. A municipality must retain and preserve the records of the municipality and its local boards in a secure and accessible manner. A record may be destroyed according to the town’s records retention by-law if the retention period for the record has expired or the record is a copy of the original record. 2 References: Corporate Policy G-GEN-004 (Access to Records & Information) By-law 2008-169 (Records Retention by-law) 4-16 Council Orientation Manual — Chapter 4 Council minutes and by-laws are incomplete but available from 1857 to 1961. There is a complete set of Town of Oakville by-laws in original paper and electronic searchable format from 1962 to the present. Council minutes are available on the town’s website beginning in 2002. Minutes and by-laws for the former Township of Trafalgar (including Bronte) are incomplete but available from 1850 to 1961. Agreements that require the Mayor’s and town clerk’s signatures are kept in the Clerk’s department. Records are generally kept in the various departments during their active life cycle and then transferred to the Inactive Records Storage Centre where they are secured until their retention period has expired. At that time, the records and freedom of information officer confirms with the relevant department head that the record is no longer active and proceeds with its final disposition. 4-17 Chapter 5 - Council Conduct Table of Contents Conflict of interest ...........................................................................................................3 Code of conduct ..............................................................................................................3 Respectful workplace ......................................................................................................4 Media Relations ..............................................................................................................4 Accountability and transparency ......................................................................................5 Integrity officer.................................................................................................................5 Appendix A ......................................................................................................................7 Appendix B ....................................................................................................................15 Council Orientation Manual — Chapter 5 5-2 Council Orientation Manual — Chapter 5 Council Conduct The Province of Ontario and the Town of Oakville have enacted various regulations to govern the conduct of Members of Council, some of which are cited below. Conflict of interest The Municipal Conflict of Interest Act requires a Member of Council to disclose a pecuniary interest, if applicable, prior to consideration of the matter by Council. When the item is before Council at a meeting, the member is required, among other things, to: • • • • Disclose the interest and its general nature before the matter is considered at the meeting. Not take part in the discussion or voting on any question in respect of the matter. Not attempt to influence the voting before, during or after the meeting. Immediately leave the meeting, if the meeting is closed to the public. Members of Council should review the Municipal Conflict of Interest Act (Appendix A), and act accordingly. Staff, including the town solicitor, cannot provide advice to individual Members of Council as to whether or not they have a conflict with respect to a specific issue. The determination must be made by the member who may wish to seek outside legal counsel as necessary. Code of conduct Section 223.2 of the Municipal Act, 2001, authorizes the municipality to establish codes of conduct for their Members of Council and local boards. In September 2008 Council approved the Code of Conduct for Elected Officials and Members of Local Boards (Appendix B: Policy GGEN-006). This code establishes the ethical standards expected of all Council members, including the Mayor and local board members. It is read in conjunction with, and not contrary to, the town or local board’s by-laws and policies as passed or approved from time to time, the Municipal Freedom of Information and Protection of Privacy Act, the Municipal Act, 2001, the Municipal Conflict of Interest Act, the Municipal Elections Act, 1996 and all other local laws and the laws of the Province of Ontario and Canada, including the Criminal Code, as applicable. It is the duty of all members to abide by all applicable legislation, policies and procedures pertaining to their position as a member. This code of conduct serves as the basis on which the integrity officer fulfills his/her obligations to Council and the public. Every member, in exercising his or her powers and in discharging his or her official duties shall, in accordance with the Municipal Act, 2001, and Municipal Conflict of Interest Act: • • • • Seek to advance the common good of the Town of Oakville Truly, faithfully and impartially exercise his or her office to the best of his or her knowledge and ability Exercise care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances Exercise his or her powers for the purpose for which they were intended 5-3 Council Orientation Manual — Chapter 5 The code addresses conduct to be observed including respect for: the decision-making process; the professional obligations of employees; confidential information; release of information and acceptance of gifts; conflict of interest; and avoidance of waste. The code also governs the interpersonal behaviour of Members of Council, including the Mayor and local board members as follows: to treat every person with dignity and respect, not to discriminate and not to engage in harassment. The procedure for making a complaint about a violation of the code and the investigation of a complaint are contained within the code (Appendix B). In addition to any other consequence imposed by law, members found to have breached the code may be subject to discipline, including removal from a local board, censure, reprimand or, where applicable, suspension of remuneration paid for his or her services as a member, for a period of up to 90 days. Respectful workplace Section 7 of the Code of Conduct for Elected Officials and Members of Local Boards prohibits the harassment of any individual. Harassment is deemed to be engagement in a course of vexatious comment or conduct that is known, or ought reasonably to be known, to be unwelcome. If an employee or member of the public brings forward a harassment complaint against a Member of Council, including the Mayor, the complaint procedure under the town’s Workplace Harassment and Discrimination Prevention Policy (www.oakville.ca/HR-MNG-008.htm) is invoked. The complainant is also advised of his or her right to advance an application to the Ontario Human Rights Tribunal. In addition, the corporate R-Zone procedure, is in place to ensure that the town is committed to fostering an environment where there is respect for yourself, respect for others and responsibility for your actions. The R-Zone procedure, (www.oakville.ca/HR-MNG-008-001.htm) outlines the measures and steps to be taken to address all forms of inappropriate behaviour at all town facilities, properties, sponsored events and programs. The goal of the procedure is to promote a positive, safe and supportive environment for all members of the public and staff. In addition, the procedure encourages respect, commitment and consideration of relationships between the town and members of the public. Media Relations The Mayor acts as the official spokesperson on behalf of council and the town. The CAO, commissioners and directors speak on behalf of town programs and departments. Individual Members of Council may also be contacted by the media to provide their personal comments on ward issues or decisions of Council. Whenever possible, ask the journalist for their deadline and the specific information required and then take the time to prepare yourself before you start to respond. Media Tips If you are going to respond to a media inquiry: • Be prepared — know your facts • Be honest, open and factual • Don’t let the journalist put words in your mouth • Correct wrong information, but don’t be defensive • Always try to respect deadlines 5-4 Council Orientation Manual — Chapter 5 Accountability and transparency The Municipal Act, 2001 requires Council to adopt and maintain a policy with respect to the manner in which the town ensures it is accountable to the public for its actions, and the manner in which the municipality ensures its actions are transparent to the public. The Accountability and Transparency Policy G-GEN-009 (www.oakville.ca/G-GEN-009.htm) provides guidance for the delivery of the municipality's activities and services in accordance with the following principles: 1. Accountability 2. Inclusiveness 3. Transparency This policy is aligned with the corporate values of the town to be accountable, dedicated, honest, innovative, respectful and to work as a team. Integrity officer The town provides for the office of an integrity commissioner (referred to as integrity officer) in accordance with Section 223.3 of the Municipal Act, 2001 to assist in continuing to provide good governance in an accountable and transparent manner. The Town of Oakville's integrity officer is responsible for the provision of services as established by council, including the following: 1. To provide written and oral advice to individual members of council and to members of local boards about their own situation under the code of conduct and other procedures, rules and policies governing the ethical behaviour of members. 2. To provide Council and its local boards with specific and general opinions and advice on the town's procedures, rules and policies regulating the conduct of members and issues of compliance with such regulations, including revisions. 3. To conduct inquiries into a request made by Council, a Member of Council, a local board, a member of a local board or a member of the public into whether a Member of Council or a member of a local board has contravened any applicable code of conduct, procedures, rules and policies governing the ethical behaviour of members. 4. To determine whether a Member of Council or a member of a local board has violated any town procedures, rules and policies governing ethical behaviour and report any violation with any recommendation for sanction to Council. 5. To attempt to settle any complaint between the complainant and the member and report the terms of such settlement to Council. 5-5 Council Orientation Manual — Chapter 5 5-6 Council Orientation Manual — Chapter 5 Appendix A Municipal Conflict of Interest Act R.S.O. 1990, CHAPTER M.50 Definitions 1. In this Act, “child” means a child born within or outside marriage and includes an adopted child and a person whom a parent has demonstrated a settled intention to treat as a child of his or her family; “controlling interest” means the interest that a person has in a corporation when the person beneficially owns, directly or indirectly, or exercises control or direction over, equity shares of the corporation carrying more than 10 per cent of the voting rights attached to all equity shares of the corporation for the time being outstanding; “council” means the council of a municipality; “elector” means, (a) in respect of a municipality, or a local board thereof, other than a school board, a person entitled to vote at a municipal election in the municipality, and (b) in respect of a school board, a person entitled to vote at the election of members of the school board; “interest in common with electors generally” means a pecuniary interest in common with the electors within the area of jurisdiction and, where the matter under consideration affects only part of the area of jurisdiction, means a pecuniary interest in common with the electors within that part; “judge” means a judge of the Superior Court of Justice; “local board” means a school board, board of directors of a children’s aid society, committee of adjustment, conservation authority, court of revision, land division committee, municipal service board, public library board, board of management of an improvement area, board of health, police services board, planning board, district social services administration board, trustees of a police village, board of trustees of a police village, board or committee of management of a long-term care home, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act in respect of any of the affairs or purposes, including school purposes, of one or more municipalities or parts thereof, but does not include a committee of management of a community recreation centre appointed by a school board or a local roads board; “meeting” includes any regular, special, committee or other meeting of a council or local board, as the case may be; “member” means a member of a council or of a local board; “municipality” includes a board, commission or other local authority exercising any power in respect of municipal affairs or purposes, including school purposes, in territory without municipal organization, but does not include a committee of management of a community recreation centre appointed by a school board, a local roads board or a local services board; 5-7 Council Orientation Manual — Chapter 5 “parent” means a person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that person is the natural parent of the child; “school board” means a board as defined in subsection 1 (1) of the Education Act, and, where the context requires, includes an old board within the meaning of subsection 1 (1) of the Education Act; “senior officer” means the chair or any vice-chair of the board of directors, the president, any vice-president, the secretary, the treasurer or the general manager of a corporation or any other person who performs functions for the corporation similar to those normally performed by a person occupying any such office; “spouse” means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage. Indirect pecuniary interest 2. For the purposes of this Act, a member has an indirect pecuniary interest in any matter in which the council or local board, as the case may be, is concerned, if, (a) the member or his or her nominee, (i) is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public, (ii) has a controlling interest in or is a director or senior officer of, a corporation that offers its securities to the public, or (iii) is a member of a body, that has a pecuniary interest in the matter; or (b) the member is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter. R.S.O. 1990, c. M.50, s. 2. Interest of certain persons deemed that of member 3. For the purposes of this Act, the pecuniary interest, direct or indirect, of a parent or the spouse or any child of the member shall, if known to the member, be deemed to be also the pecuniary interest of the member. R.S.O. 1990, c. M.50, s. 3; 1999, c. 6, s. 41 (2); 2005, c. 5, s. 45 (3). EXCEPTIONS Where s. 5 does not apply 4. Section 5 does not apply to a pecuniary interest in any matter that a member may have, (a) as a user of any public utility service supplied to the member by the municipality or local board in like manner and subject to the like conditions as are applicable in the case of persons who are not members; (b) by reason of the member being entitled to receive on terms common to other persons any service or commodity or any subsidy, loan or other such benefit offered by the municipality or local board; (c) by reason of the member purchasing or owning a debenture of the municipality or local board; (d) by reason of the member having made a deposit with the municipality or local board, the whole or part of which is or may be returnable to the member in like manner as such a deposit is or may be returnable to all other electors; 5-8 Council Orientation Manual — Chapter 5 (e) by reason of having an interest in any property affected by a work under the Drainage Act or by a work under a regulation made under Part XII of the Municipal Act, 2001 or Part IX of the City of Toronto Act, 2006, as the case may be, relating to local improvements; (f) by reason of having an interest in farm lands that are exempted from taxation for certain expenditures under the Assessment Act; (g) by reason of the member being eligible for election or appointment to fill a vacancy, office or position in the council or local board when the council or local board is empowered or required by any general or special Act to fill such vacancy, office or position; (h) by reason only of the member being a director or senior officer of a corporation incorporated for the purpose of carrying on business for and on behalf of the municipality or local board or by reason only of the member being a member of a board, commission, or other body as an appointee of a council or local board; (i) in respect of an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit to which the member may be entitled by reason of being a member or as a member of a volunteer fire brigade, as the case may be; (j) by reason of the member having a pecuniary interest which is an interest in common with electors generally; or (k) by reason only of an interest of the member which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member. R.S.O. 1990, c. M.50, s. 4; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 33 (1). DUTY OF MEMBER When present at meeting at which matter considered 5. (1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is the subject of consideration, the member, (a) shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof; (b) shall not take part in the discussion of, or vote on any question in respect of the matter; and (c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. R.S.O. 1990, c. M.50, s. 5 (1). Where member to leave closed meeting (2) Where the meeting referred to in subsection (1) is not open to the public, in addition to complying with the requirements of that subsection, the member shall forthwith leave the meeting or the part of the meeting during which the matter is under consideration. R.S.O. 1990, c. M.50, s. 5 (2). 5-9 Council Orientation Manual — Chapter 5 When absent from meeting at which matter considered (3) Where the interest of a member has not been disclosed as required by subsection (1) by reason of the member’s absence from the meeting referred to therein, the member shall disclose the interest and otherwise comply with subsection (1) at the first meeting of the council or local board, as the case may be, attended by the member after the meeting referred to in subsection (1). R.S.O. 1990, c. M.50, s. 5 (3). RECORD OF DISCLOSURE Disclosure to be recorded in minutes 6. (1) Every declaration of interest and the general nature thereof made under section 5 shall, where the meeting is open to the public, be recorded in the minutes of the meeting by the clerk of the municipality or secretary of the committee or local board, as the case may be. R.S.O. 1990, c. M.50, s. 6 (1). Idem (2) Every declaration of interest made under section 5, but not the general nature of that interest, shall, where the meeting is not open to the public, be recorded in the minutes of the next meeting that is open to the public. R.S.O. 1990, c. M.50, s. 6 (2). REMEDY FOR LACK OF QUORUM Quorum deemed constituted 7. (1) Where the number of members who, by reason of the provisions of this Act, are disabled from participating in a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, then, despite any other general or special Act, the remaining number of members shall be deemed to constitute a quorum, provided such number is not less than two. R.S.O. 1990, c. M.50, s. 7 (1). Application to judge (2) Where in the circumstances mentioned in subsection (1), the remaining number of members who are not disabled from participating in the meeting is less than two, the council or local board may apply to a judge without notice for an order authorizing the council or local board, as the case may be, to give consideration to, discuss and vote on the matter out of which the interest arises. R.S.O. 1990, c. M.50, s. 7 (2). Power of judge to declare s. 5 not to apply (3) The judge may, on an application brought under subsection (2), by order, declare that section 5 does not apply to the council or local board, as the case may be, in respect of the matter in relation to which the application is brought, and the council or local board thereupon may give consideration to, discuss and vote on the matter in the same manner as though none of the members had any interest therein, subject only to such conditions and directions as the judge may consider appropriate and so order. R.S.O. 1990, c. M.50, s. 7 (3). ACTION WHERE CONTRAVENTION ALLEGED Who may try alleged contravention of s. 5 (1-3) 8. The question of whether or not a member has contravened subsection 5 (1), (2) or (3) may be tried and determined by a judge. R.S.O. 1990, c. M.50, s. 8. Who may apply to judge 9. (1) Subject to subsection (3), an elector may, within six weeks after the fact comes to his or her knowledge that a member may have contravened subsection 5 (1), (2) or (3), apply to the judge for a determination of the question of whether the member has contravened subsection 5 (1), (2) or (3). R.S.O. 1990, c. M.50, s. 9 (1). 5-10 Council Orientation Manual — Chapter 5 Contents of notice of application (2) The elector in his or her notice of application shall state the grounds for finding a contravention by the member of subsection 5 (1), (2) or (3). R.S.O. 1990, c. M.50, s. 9 (2). Time for bringing application limited (3) No application shall be brought under subsection (1) after the expiration of six years from the time at which the contravention is alleged to have occurred. R.S.O. 1990, c. M.50, s. 9 (3). Power of judge to declare seat vacant, disqualify member and require restitution 10. (1) Subject to subsection (2), where the judge determines that a member or a former member while he or she was a member has contravened subsection 5 (1), (2) or (3), the judge, (a) shall, in the case of a member, declare the seat of the member vacant; and (b) may disqualify the member or former member from being a member during a period thereafter of not more than seven years; and (c) may, where the contravention has resulted in personal financial gain, require the member or former member to make restitution to the party suffering the loss, or, where such party is not readily ascertainable, to the municipality or local board of which he or she is a member or former member. R.S.O. 1990, c. M.50, s. 10 (1). Saving by reason of inadvertence or error (2) Where the judge determines that a member or a former member while he or she was a member has contravened subsection 5 (1), (2) or (3), if the judge finds that the contravention was committed through inadvertence or by reason of an error in judgment, the member is not subject to having his or her seat declared vacant and the member or former member is not subject to being disqualified as a member, as provided by subsection (1). R.S.O. 1990, c. M.50, s. 10 (2). Member not to be suspended (3) The authority to disqualify a member in subsection (1) does not include the right to suspend a member. R.S.O. 1990, c. M.50, s. 10 (3). Transition: disqualification (4) A disqualification of a member of a school board under this section that would have continued after December 31, 1997 but for the dissolution of the school board continues for its duration with respect to membership on any board whose members are elected by members of the electoral group who elected the member. 1997, c. 31, s. 156 (2). Definition (5) In subsection (4), “electoral group” has the same meaning as in Part VIII of the Education Act as the Part read on January 1, 1997. 1997, c. 31, s. 156 (2). Appeal to Divisional Court 11. (1) An appeal lies from any order made under section 10 to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. M.50, s. 11 (1). Judgment or new trial (2) The Divisional Court may give any judgment that ought to have been pronounced, in which case its decision is final, or the Divisional Court may grant a new trial for the purpose of taking evidence or additional evidence and may remit the case to the trial judge or another judge and, subject to any directions of the Divisional Court, the case shall be proceeded with as if there had been no appeal. R.S.O. 1990, c. M.50, s. 11 (2). 5-11 Council Orientation Manual — Chapter 5 Appeal from order or new trial (3) Where the case is remitted to a judge under subsection (2), an appeal lies from the order of the judge to the Divisional Court in accordance with the provisions of this section. R.S.O. 1990, c. M.50, s. 11 (3). Proceedings not invalidated but voidable 12. The failure of any person to comply with subsection 5 (1), (2) or (3) does not of itself invalidate any proceedings in respect of any such matter but the proceedings in respect of such matter are voidable at the instance of the municipality or of the local board, as the case may be, before the expiration of two years from the date of the passing of the by-law or resolution authorizing such matter unless to make void the proceedings would adversely affect the rights of any person acquired under or by virtue of the proceedings who acted in good faith and without actual notice of the failure to comply with subsection 5 (1), (2) or (3). R.S.O. 1990, c. M.50, s. 12. Other procedures prohibited 13. Proceedings to declare a seat vacant or to disqualify a member or former member for conflict of interest, or to require a member or former member to make restitution where a contravention has resulted in personal financial gain, shall be had and taken only under this Act. R.S.O. 1990, c. M.50, s. 13. GENERAL Insurance 14. (1) Despite section 279 of the Municipal Act, 2001 or section 218 of the City of Toronto Act, 2006, as the case may be, the council of every municipality may at any time pass bylaws, (a) for contracting for insurance; (b) despite the Insurance Act, to enable the municipality to act as an insurer; and (c) for exchanging with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act, to protect a member of the council or of any local board thereof who has been found not to have contravened section 5, against any costs or expenses incurred by the member as a result of a proceeding brought under this Act, and for paying on behalf of or reimbursing the member for any such costs or expenses. R.S.O. 1990, c. M.50, s. 14 (1); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 33 (2). Insurance Act does not apply (2) The Insurance Act does not apply to a municipality acting as an insurer for the purposes of subsection (1). R.S.O. 1990, c. M.50, s. 14 (2). Surplus funds (3) Despite section 387 of the Insurance Act, any surplus funds and the reserve fund of a municipal reciprocal exchange may be invested only in such securities as a municipality may invest in under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be. R.S.O. 1990, c. M.50, s. 14 (3); 1996, c. 32, s. 76 (1); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 33 (3); 2007, c. 7, Sched. 27, s. 1. 5-12 Council Orientation Manual — Chapter 5 Reserve funds (4) The money raised for a reserve fund of a municipal reciprocal exchange may be expended or pledged for, or applied to, a purpose other than that for which the fund was established if two-thirds of the municipalities that are members of the exchange together with two-thirds of the municipalities that previously were members of the exchange and that may be subject to claims arising while they were members of the exchange agree in writing and if section 386 of the Insurance Act is complied with. R.S.O. 1990, c. M.50, s. 14 (4); 2009, c. 33, Sched. 21, s. 7. Local boards (5) A local board has the same powers to provide insurance for or to make payments to or on behalf of its members as are conferred upon the council of a municipality under this section in respect of its members. R.S.O. 1990, c. M.50, s. 14 (5). Former members (6) A by-law passed under this section may provide that it applies to a person who was a member at the time the circumstances giving rise to the proceeding occurred but who, prior to the judgment in the proceeding, has ceased to be a member. R.S.O. 1990, c. M.50, s. 14 (6). Conflict with other Acts 15. In the event of conflict between any provision of this Act and any provision of any general or special Act, the provision of this Act prevails. R.S.O. 1990, c. M.50, s. 15. 5-13 Council Orientation Manual — Chapter 5 5-14 Council Orientation Manual — Chapter 5 Appendix B Policy Number G-GEN-006 Page: 15 of 22 Author: Human Resources Department Authority: Council Code of Conduct for Members of Council and Local Board Members Section: Sub-Section: 1) Effective Date: 09-15-2008 Governance General Review by Date: 09-15-2013 Replaces/Last Modified: New Purpose: The principal objective of this Code is to communicate the ethical standards expected of all members of Council, including the Mayor (“Council Members”), and members of local boards (“Local Board Members”). This Code shall apply to all Council Members and Local Board Members (Collectively “Members”). 2) Definitions Agent: Means a representative who acts on behalf of other persons or organizations, but does not include Members performing Official Duties. By-law: Means a regulation passed by the Town or Local Board for the government of its affairs. Confidential Information: Means information in the possession of the Town or Local Board: • that the Town or Local Board is either prohibited from disclosing or is required to refuse to disclose under the Municipal Freedom of Information and Protection of Privacy Act or other legislation; • concerning personnel, labour relations, litigation, property acquisitions; • the security of the property of the Town or a Local Board; • personal information or information which would reasonably be considered confidential related to any customer, supplier or business that works with or for the Town or Local Board; or • referred to as “confidential” in the Town’s Procedure By-law or Local Board procedures. 5-15 Council Orientation Manual — Chapter 5 Employee: Means a person employed by the Town or Local Board, including those employed on a personal services contract, and volunteers, but does not include Members. Family Member: Means a parent, spouse, or child of a Member, as defined in the Municipal Conflict of Interest Act and shall also include a grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece, whether related by blood, marriage or adoption. Indirect Pecuniary Interest: Means an indirect pecuniary interest as defined in the Municipal Conflict of Interest Act, and includes a direct or indirect pecuniary interest of a Family Member, if known to the Member. Integrity Officer: Means the Integrity Commissioner appointed by Council pursuant to the Municipal Act, 2001. Local Board: Means a local board as defined in section 223.1 of the Municipal Act, 2001. Members: Means a member of Council or a member of a Local Board. Official Duties: Means functions performed by Members necessary to demonstrate responsible and accountable government with respect to matters within the Town or Local Board’s jurisdiction, and which are done for the purpose of providing good government with respect to those matters. Pecuniary Interest: Means an interest that an individual may have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss for the Member, other than a pecuniary interest which is excluded under the Municipal Conflict of Interest Act. Pecuniary Interest also includes a direct or indirect pecuniary interest within the meaning of the Municipal Conflict of Interest Act. Personal Information: As defined in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 (“MFIPPA”), means recorded information about an identifiable individual, and includes, (a) information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual, (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved, (c) any identifying number, symbol or other particular assigned to the individual, (d) the address, telephone number, fingerprints or blood type of the individual, (e) the personal opinions or views of the individual except if they relate to another individual, (f) correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence, (g) the views or opinions of another individual about the individual, and (h) the individual’s name if it appears with other Personal Information relating to the individual or where the disclosure of the name would reveal other Personal Information about the individual. 5-16 Council Orientation Manual — Chapter 5 Town/Local Board Assets/Property: Means all property of the Town or Local Board, including equipment, financial assets, land, vehicles, material, documents, whether in hard or digital/electronic form, inventories, tools, electronic equipment, computers, electronic mail, internet services, and intellectual property. 3) External Rules and Regulations to be Incorporated into Code This Code is intended to be read in conjunction with and not contrary to the Town or Local Board’s By-laws and policies as passed or approved from time to time, the Municipal Freedom of Information and Protection of Privacy Act, the Municipal Act, 2001, the Municipal Conflict of Interest Act, the Municipal Elections Act, and all other local laws and the laws of the Province of Ontario and Canada, including the Criminal Code, as applicable. It shall be the duty of all Members to abide by all applicable legislation, policies and procedures pertaining to their position as a Member. 4) General Standards of Conduct Every Member in exercising his or her powers and in discharging his or her Official Duties shall, in accordance with the Municipal Act, 2001, and Municipal Conflict of Interest Act, • • • • • seek to advance the common good of the Town of Oakville; truly, faithfully and impartially exercise his or her office to the best of his or her knowledge and ability; exercise care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and exercise his or her powers for the purpose for which they were intended competently exercise his or her office by educating themselves either formally or informally, in matters pertaining to their official duties. 5) Non-Compliance with the Policy In addition to any other consequence imposed by law, Members found to have breached this Code may be subject to discipline, including removal from a Local Board, censure, a reprimand or, where applicable, suspension of remuneration paid for his or her services as a Member, for a period of up to ninety (90) days. 6) Conduct to be Observed a) Respect for Decision-making Process Members shall accurately and adequately communicate the decisions of Council and Local Boards such that respect for the decision and decision-making process is fostered. Members shall not attempt to influence the decision-making process as it relates to the award of contracts or settlement of claims through personal contact or interaction with the parties administering or directly involved in such processes. Employees are responsible for providing professional advice, are bound by the decisions of the Council or Local Board, respectively, and shall not be requested to take any action contrary to such decisions. 5-17 Council Orientation Manual — Chapter 5 b) Respect for Professional Obligations of Employees Employees have a duty and obligation to act impartially, and in accordance with prescribed regulations or standards of conduct. Similarly, Employees with professional qualifications have an additional duty and obligation to act in accordance with standards of conduct prescribed for their profession. Members shall refrain from any conduct which may deter, interfere or unduly influence Employees in the performance of such duties and obligations. c) Respecting Confidential Information Members have a duty to hold in strict confidence all information concerning matters dealt with in closed meetings. Members shall refrain from releasing, making public, or in any way divulging Confidential Information, Personal Information, or any aspect of the deliberations in a closed meeting to anyone, unless expressly authorized by Council, Local Board resolution where applicable, or required by law to do so. Members shall not release information in contravention of the provisions of the Municipal Freedom of Information and Protection of Privacy Act. Members shall not release information subject to solicitor-client privilege, unless expressly authorized by Council, Local Board resolution, or required by law to do so. Members shall not misuse Confidential Information, including information that they have knowledge of by virtue of their position that is not in the public domain, including e-mails and correspondence from other Members, or third parties, such that it may result in a benefit to themselves or others, or cause detriment to the Town, Council, Local Board, or others. d) Release of Information to Public and Media Members acknowledge that decisions and resolutions made by Council or the Local Board will normally be formally announced to the community and the media on behalf of Council or the Local Board as a whole, by the Mayor or Local Board Chair, or by his or her designate, or through media releases issued by the Town or the Local Board. e) Acceptance of Gifts The stipend paid to Council Members and Local Board Members (if applicable) is intended to fully remunerate them for services provided as Members. Subject to the exceptions listed below, Members shall not solicit, accept, offer or agree to accept a commission, reward, gift, advantage or benefit of any kind, personally or through a Family Member or friend, which is connected with the performance of his or her Official Duties. Members are not precluded from accepting: i. personal gifts, benefits, rewards, commissions or advantages from any person or organization which are wholly unconnected with the performance of Official Duties; ii. political contributions that are otherwise offered, accepted and reported in accordance with applicable law; 5-18 Council Orientation Manual — Chapter 5 iii. food and beverages at banquets, receptions, ceremonies, business meals or similar events, if: a) attendance serves a legitimate business purpose b) the person extending the invitation or a representative of the organization is in attendance, and c) the value is reasonable and the invitations infrequent; iv. services provided without compensation by persons volunteering their time to assist with the performance of Official Duties, provided such services do not bring the Member’s, Town’s or Local Board’s reputation into question; v. food, lodging, transportation, entertainment and honoraria provided by other levels of government or by other local governments, boards, or commissions; vi. a reimbursement of reasonable expenses incurred in the performance of Official Duties in accordance with the current Town Policy for Council Remuneration, Allowances, Benefits, Expenses, Conferences and Seminars; vii. a reimbursement of reasonable expenses incurred and honoraria received in the performance of activities related to their position as Members, subject to Council determination; viii. gifts, such as souvenirs, mementoes and commemorative gifts of nominal value, that are given in recognition of service on a committee, for speaking at an event, or representing the Town or Local Board at an event, provided such item does not exceed the value permitted for members of the Legislative Assembly of Ontario, as amended from time to time; and, ix. a gift or personal benefit that is received as an incident of protocol, customs or social obligations that normally accompany the performance of Official Duties. Members shall return any gifts or benefits which do not comply with these guidelines, along with an explanation of why the gifts or benefits cannot be accepted. Where there may be any doubt as to the acceptability of a gift, benefit or hospitality, Members shall contact the Town Clerk who will direct the matter for further review or where a complaint has been filed, address the matter pursuant to section 8, as appropriate. f) Engaging in Incompatible Activity Prohibited—Conflict of Interest Members shall not engage in any activity, financial or otherwise, which is incompatible or inconsistent with the ethical discharge of Official Duties to the Town or Local Board. Without limiting the generality of the foregoing, Members shall not: i. use any influence of office for any purpose other than Official Duties; 5-19 Council Orientation Manual — Chapter 5 ii. accept a fee, gift or personal benefit that is connected directly or indirectly with the performance of his or her Official Duties except as defined in subsection 6(e) above; iii. act as an Agent on behalf of a third party before Council or the Local Board except as part of the performance of Official Duties; iv. solicit, demand or accept services for re-election purposes, of any Employee or contractor providing services to the Town, during hours in which the Employee, or contractor, is otherwise to be performing work for the Town; v. knowingly be a party to a contract with the Town or Local Board under which the Member receives a benefit; vi. have an interest in a private company or partnership that is a party to a contract with the Town or Local Board under which the company or partnership receives a benefit; vii. use any information gained in the execution of office that is not available to the general public for any purpose other than for Official Duties; viii. place themselves in a position of a direct Pecuniary Interest or Indirect Pecuniary Interest to any person or organization which might reasonably benefit from special consideration or preferential treatment shown to that person or organization; ix. give preferential treatment to any person or organization in which a Member has a Pecuniary Interest; x. influence any administrative, Council, or Local Board decision or decisionmaking process involving or affecting any person or organization in which a Member may have a direct or Indirect Pecuniary Interest; and xi. use Town or Local Board Assets/Property, materials, equipment, facilities or Employees for personal gain except as otherwise permitted by Town or Local Board policies. A Member who has reasonable grounds to believe that he or she has breached any of the foregoing, or has a conflict of interest in a matter that is before Council or the Local Board, shall, if present at the Council or Local Board meeting considering the matter: a. disclose the general nature of the breach or conflict of interest; and b. If required to do so by the Municipal Conflict of Interest Act refrain from participating in the consideration of the matter or withdraw from the meeting without voting or participating. g) Avoidance of Waste Members shall avoid waste, abuse and extravagance in the provision or use of public resources. 5-20 Council Orientation Manual — Chapter 5 7) Interpersonal Behaviour of Members a) Treat Every Person with Dignity, Understanding and Respect Members shall abide by the provisions of the Human Rights Code, as amended, and, in doing so, shall treat every person, including other Members, Employees, individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect. b) Not to Discriminate In accordance with the Human Rights Code, as amended, Members shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, or disability. c) Not to Engage in Harassment In accordance with the Human Rights Code, as amended, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Without limiting the generality of the foregoing, Members shall not: i. make inappropriate comments or gestures to or about an individual where such conduct is known or ought reasonably to be known to be offensive to the person(s) to whom they are directed or are about; ii. display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; iii. make threats or engage in any abusive activity or course of conduct towards others; iv. vandalize the personal property of others; v. commit assault of any kind, including making unwanted physical contact, including touching, patting, or pinching; or vi. refuse to converse or interact with anyone based on any ground listed in the Human Rights Code, as amended. Harassment which occurs in the course of, or is related to, the performance of Official Duties by Members is subject to this Code. If an Employee or a member of the public brings forward a harassment complaint against a Member, the complaint procedure under the Town’s (or Local Board’s, where applicable) Harassment Policy will apply. In all other cases involving a Member, complaints will be addressed in accordance with sections 8 and 9 below. 8) Complaint of a violation of this Code made against a Member Where an organization, Employee, Member or member of the public has reasonable grounds to believe that a Member has breached this Code, a complaint shall be submitted to the Town Clerk in accordance with Corporate policy and procedure. 5-21 Council Orientation Manual — Chapter 5 The Integrity Officer or other designated official, shall be responsible for investigating such complaints and if the parties are in agreement, the complaint may be resolved by way of mediation. If either party does not participate in the mediation process, if the complaint is not resolved through this process, or the matter is not appropriate for referral to mediation, the Integrity Officer or other designated official shall assume responsibility for investigating the complaint in accordance with the procedures established by Council. In the case of a complaint of discrimination or harassment, the complainant may file a complaint directly to the Human Resources Department under the Town of Oakville Workplace Harassment and Discrimination Prevention policy. The complainant will also be advised of his or her right to advance an application to the Ontario Human Rights Tribunal. 9) Investigations In circumstances where the alleged breach of trust or other misconduct is serious in nature, Council may pass a resolution, pursuant to the Municipal Act, 2001, requesting a judicial investigation into the Member’s conduct. 5-22 Chapter 6 - Local Boards, Committees & External Organizations Table of Contents Types of entities...................................................................................................................... 3 Local boards ........................................................................................................................ 3 Affiliated boards and/or organizations .................................................................................. 3 Statutory committees ........................................................................................................... 3 Advisory committees ........................................................................................................... 3 Council corporations ............................................................................................................ 3 Committee administration ....................................................................................................... 3 Citizen appointments .............................................................................................................. 4 Descriptions of select boards/committees/organizations ......................................................... 4 Accessibility Advisory Committee ........................................................................................ 4 Business Improvement Area (BIA) boards of management ................................................. 4 Committee of Adjustment .................................................................................................... 4 Conservation Halton ............................................................................................................ 4 Halton Healthcare Services ................................................................................................. 4 Heritage Oakville ................................................................................................................. 5 Oakville Galleries Board of Directors ................................................................................... 5 Oakville Hydro ..................................................................................................................... 5 Oakville & Milton District Humane Society Board of Directors .............................................. 5 Oakville Public Library Board ............................................................................................... 5 Town of Oakville Water-Air Rescue Force (TOWARF)......................................................... 5 Residents’ associations and community groups ...................................................................... 5 Council Orientation Manual — Chapter 6 6-2 Council Orientation Manual — Chapter 6 Local Boards, Committees and External Organizations Local boards, committees and external organizations are a key component of Council’s governance model. There are a variety of boards and committees, each having different levels of association with the town. Corporate policy G-BRD-002 and its associated procedures posted at www.oakville.ca/G-BRD002.htm address boards, committees, agencies, associations and community groups. Types of entities Local boards Local boards are generally established by legislation and members are appointed by Council. They have authority to address their responsibilities as determined under the relevant legislation. Examples of local boards include the Oakville Public Library Board and the Business Improvement Area Boards of Management. Affiliated boards and/or organizations Some of these organizations are governed by legislation or are provided for under the Municipal Act, 2001. Council may appoint one or more board members to the organizations and may provide funding through grants or service agreements. Otherwise, these organizations operate somewhat independently from the town. An example includes the Town of Oakville Water-Air Rescue Force (TOWARF), which was created by by-law in 1962. Statutory committees Statutory committees are permitted or required by provincial legislation and perform functions as specified in the relevant legislation. Examples include the Site Plan Committee, Committee of Adjustment, Accessibility Advisory Committee and Heritage Oakville. Advisory committees These committees provide advice and recommendations to Council as requested on areas within their mandates with no authority for decision making or independent actions. Comprised primarily of citizens, all members are appointed by Council and membership typically includes one to two Members of Council as liaison members. Appointments to advisory committees run concurrently with the term of Council. Council corporations The town is the sole stakeholder of Oakville Hydro Corporation, an entity incorporated under the Business Corporations Act. Oakville Hydro and its subsidiaries operate independently from the town subject to the terms of a stakeholder direction that sets out the town’s expectations and requirements for Oakville Hydro. Committee administration The Clerk’s department is responsible for the following functions relating to various committees and boards: • • • • • • Facilitating the annual appointment of councillors to boards and committees Coordinating citizen appointments to committees through Council’s Administrative Services Committee Providing basic policy and procedure orientation to committee chairs and members Providing information and liaison services to committee chairs and members Providing procedural advice to committee members and the public Providing secretariat services to committees as authorized by Council 6-3 Council Orientation Manual — Chapter 6 Citizen appointments Vacancies for members are advertised in the local newspaper and on the town website at the end of each term of Council or when they occur, if required. The Clerk’s department coordinates this process and provides Council’s Administrative Services Committee with all applications received, which are kept on file for one year. It is at the Administrative Services Committee’s discretion whether it wishes to strike a subcommittee to hold interviews with applicants. Recommendations for appointment to various boards and committees are then submitted to Council for approval. Descriptions of select boards/committees/organizations Accessibility Advisory Committee The Accessibility Advisory Committee is required under the Accessibility for Ontarians with Disabilities Act, 2001. It annually reviews and recommends to Council the approval of an updated Accessibility Plan for people with disabilities and consults with the public at least once annually on the components of the plan. Business Improvement Area (BIA) boards of management These non-profit organizations represent and promote a defined geographic area of Oakville as a business or shopping area. The boards oversee the improvement, beautification and maintenance of municipally owned land, and buildings and structures in the area beyond those provided at the expense of the municipality generally. There are currently three BIAs: Bronte, Kerr Village and Downtown Oakville. All BIAs are governed by a 12-member board of management appointed by Council, one member of which is a Councillor. The budget for promotional activities and events as adopted by the board of management is submitted annually to Council for approval as part of the budget process. The town provides the approved funding to the board of management by collection of a special levy applied to commercial properties in the defined geographic area. Committee of Adjustment The Committee of Adjustment is responsible for holding hearings under the Planning Act with respect to minor variances to the town’s zoning by-law and applications for consents to severances resulting in the creation of a new lot(s) or lot additions. Committee members are citizens appointed by Council who make decisions based upon the criteria prescribed in the Planning Act. The committee’s procedures are regulated by By-law 2008-032. Conservation Halton Conservation Halton is a community-based environmental agency that protects local ecosystems in partnership with its watershed municipalities. As an agency established under the Conservation Authorities Act of Ontario, Conservation Halton forms a partnership with the Province of Ontario and the regional municipalities of Halton, Peel and Hamilton, and the Township of Puslinch. The municipalities located in the watershed recommend the appointment of representatives to Conservation Halton through the Region of Halton to oversee Conservation Halton programs. These appointed representatives are often Members of Council. Halton Healthcare Services The Board of Directors of Halton Healthcare Services is comprised of 11 elected members from the communities of Oakville, Milton and Halton Hills. In addition, there are eight ex-officio members including the president of the corporation, and appointments from the Professional Staff Association and the towns of Milton, Oakville and Halton Hills. Board meetings are held monthly at Oakville-Trafalgar Memorial Hospital with committee meetings rotating between the three community hospitals. 6-4 Council Orientation Manual — Chapter 6 Heritage Oakville Heritage Oakville is an advisory committee with statutory authority under the Ontario Heritage Act. Where the Council of a municipality has appointed a municipal heritage committee, the Council is required to consult with the committee before giving notice of its intention to designate a property under the legislation. The committee provides Council with advice on heritage matters including designation of individual buildings or districts and changes to heritage structures. Members are citizens appointed by Council. Oakville Galleries Board of Directors Oakville Galleries is a not-for-profit charitable public art gallery governed by a board of directors under the Corporations Act of Ontario. The board of directors is responsible for the formulation of policy and the management of the affairs of the corporation. The Town of Oakville has an agreement with the board to operate, maintain, program and staff a public art gallery on the town properties at Gairloch Gardens and Central Library at Centennial Square. Oakville Hydro Oakville Hydro is a corporation under the Ontario Business Corporations Act, with the Town of Oakville as its sole shareholder. It is incorporated with two primary subsidiary companies: Oakville Hydro Electricity Distribution Inc. and Oakville Hydro Energy Services Inc. A 13-member board of directors, appointed by Council, oversees the operations of the Oakville Hydro Corporation. The board is responsible for all strategic operational decision-making and business management of Oakville's electricity supply and service company. The Mayor (or his/her alternate as appointed by Council) is a member of the board, representing the Town of Oakville. Additionally, one councillor and the CAO are appointed. Oakville & Milton District Humane Society Board of Directors The Oakville & Milton District Humane Society is a private, non-profit, charitable organization established to promote the humane treatment of animals and prevent animal cruelty. The Town of Oakville has an agreement with the society to provide animal control services within the town. Oakville Public Library Board The Oakville Public Library Board is created under the authority of the Public Libraries Act. Council appoints its 11 members, which includes two councillors. The board establishes policies to direct the operations of the Oakville Public Library, in accordance with its purpose and objectives. The board employs a chief executive officer, who in turn administers the library under the guidance of those policies. The majority of funding for the library is provided by the Town of Oakville. Town of Oakville Water-Air Rescue Force (TOWARF) The Town of Oakville Water-Air Rescue Force (TOWARF), a unit of the Canadian Coast Guard, is a volunteer organization providing water rescue services to the Oakville area from April to October every year. There are six members on its board of directors, one of which is a councillor. Residents’ associations and community groups It is the policy of the town to compile and maintain a public listing of residents’ associations and community groups for inclusion in information publications and on the town's website. This listing is updated annually by the Clerk’s department in accordance with policy G-BRD-001 and its related procedures posted to the town website at www.oakville.ca/G-BRD-001.htm. 6-5
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