CITY COUNCIL AGENDA REPORT

Transcription

1 CITY COUNCIL AGENDA REPORT Subject: BYLAW 16/2015 COUNCIL REMUNERATION COMMITTEE BYLAW Recommendation(s) 1. That Bylaw 16/2015, as amended, be read a second time. 2. That Bylaw 16/2015 be read a third and final time. 3. That Administration initiate the recruitment process for members of the Remuneration Review Committee. 4. That the Committee develop a work plan and timeline to be approved by Council after the Committee s first meeting. Purpose of Report This report presents Council with an amended version of Bylaw 16/2015 as directed by Council Motion C Council Direction On February 16, 2015, Council passed the following motions: (C ) That Bylaw 16/2015, being Amendment 1 to Council Remuneration Review Committee Bylaw 22/2011, be read a first time. (C ) That Section 14 is amended by adding "As part of its review, the Committee shall seek input from all current members of Council". (C ) This matter be postponed and brought back on March 16, City Council Agenda March 16, 2015 / Page 1 File No.:

2 Background and Discussion Bylaw 16/2015, a bylaw to amend Council Remuneration Review Committee Bylaw 22/2011 was given first reading by Council on February 17, Council subsequently passed a motion to amend the amending bylaw and a motion to postpone further readings until March 16, The requested amendment has been included in the amended version of Bylaw 16/2015 that is provided as Attachment 1 to this agenda report. Stakeholder Communications or Engagement If Recommendation 3 is passed, recruitment of committee members will commence. Implications of Recommendation(s) a) Financial: There are no financial implications due to amendment of the bylaw. Provision of support to the committee may result in staff overtime costs, and if the committee requires contracted services in order to complete their mandate there will be financial implications. (The last Council Remuneration Review Committee utilized the services of a contractor to summarize committee discussions and create the final report.) The committee s recommendations may have some financial implications for the City, but they will be considered by Council at the time of the final report. b) Legal / Risk: The Recommended changes to Bylaw 22/2011 Council Remuneration Review Committee are in accordance with applicable municipal, provincial and federal legislation and have no legal / risk implications at this time. c) Program or Service: Recruitment of committee members and the provision of administrative support to the committee are additional workloads that will have some implications on the continuance of other programs or services. Implementation of the committee s recommendations could potentially impact programs and services. d) Organizational: The recommended actions will require staff time to recruit volunteers to serve on the committee and provide support to the committee until it has completed its final report. City Council Agenda March 16, 2015 / Page 2 File No.:

3 Alternatives and Implications Considered If Council does not wish to support the recommendation, the following alternatives could be considered: a) Alternative 1. Council could defeat second or third reading of Bylaw 16/2015. Council Remuneration Review Committee Bylaw 22/2011 was recently amended by Council to require that a review of Council s remuneration be carried out during the current Council term and that the review start in If the amending bylaw is defeated, the Committee will be established to conduct a review of Council s remuneration as per the terms of Bylaw 22/2011 as it is without the proposed amendments. b) Alternative 2. Council could further amend Bylaw 16/2015 if there are other amendments that they would also like to see implemented. Strategic Connections a) Council s Strategic Outcomes and Priorities (See Policy C-CG-02) CULTIVATE EXCELLENCE IN GOVERNMENT: A responsive, accountable government that delivers value to the community. b) Long Term Plans (e.g. MDP, Social Master Plan, Cultural Master Plan, etc.) N/A c) Corporate Objectives (See Corporate Business Plan) Attract and retain high quality employees Ensure our customers are very satisfied d) Council Policies City Council Policy C-CC-03 City Council Remuneration and Expense Reimbursement e) Other Plans or Initiatives (Business Plans, Implementation Strategies, etc.) N/A Attachment(s) 1. Proposed Bylaw 16/2005 (amended as per Council Motion CM ) 2. Bylaw 22/2011,Council Remuneration Review Committee (proposed amendments highlighted) 3. City Council Policy C-CC-03, City Council Remuneration and Expense Reimbursement 4. February 17, 2015 agenda report Bylaw 16/ Council Remuneration Review Committee (previously circulated, attachments not included) City Council Agenda March 16, 2015 / Page 3 File No.:

4 Originating Department(s): Author(s): General Manager Approval: City Manager Signature: Legislative Services Chris Belke, Chief Legislative Officer Maya Pungur-Buick, General Manager Corporate Strategic Services Date: City Council Agenda March 16, 2015 / Page 4 File No.:

5 CITY OF ST. ALBERT Attachment 1 Bylaw 16/2015 Being Amendment 1 to Council Remuneration Review Committee Bylaw 22/2011 NOW THEREFORE the Council of the City of St. Albert, duly assembled, hereby ENACTS AS FOLLOWS: 1. Bylaw 22/2011, being the Council Remuneration Review Committee Bylaw, is amended by this Bylaw. 2. Section 7 is deleted in its entirety and replaced by the following: 7. Council delegates its authority to the City Manager to appoint members of the Committee. 3. Section 13 is deleted in its entirety and replaced by the following: 13. Public notice of the meeting of the Committee shall be posted in a designated location at St. Albert Place and Administration will endeavour to post the information to the City website and social media. 4. Section 14 is amended by inserting at the end: As part of its review, the Committee shall seek input from all current members of Council. 5. The last sentence in Section 16 is deleted. 6. Sections 19 and 20 are deleted and the remaining section is renumbered. 7. In Section 21, the word Strategic is inserted between the words Corporate and Services. 8. The Chief Administrative Officer is authorized to consolidate Bylaw 29/2005. READ a first time this 17 day of February READ a second time this day of READ a third time this day of SIGNED AND PASSED this day of,2014. BYLAW 14/2014 (Page 1)

6 MAYOR Attachment 1 CHIEF LEGISLATIVE OFFICER BYLAW 14/2014 (Page 2)

7 Attachment 2 CITY OF ST. ALBERT BYLAW 22/2011 A Bylaw to establish and define the functions of the Council Remuneration Review Committee WHEREAS Section 145 of the Municipal Government Act R.S.A. 2000, c. M-26, provides that Council may pass bylaws to establish council committees and define their functions. AND WHEREAS Council wishes to establish a council committee to review and make recommendations on the remuneration, including benefits, to be paid to members of Council. The Council of the City of St. Albert, duly assembled, hereby ENACTS AS FOLLOWS: Title 1. This Bylaw may be referred to as the Council Remuneration Review Committee Bylaw. 2. In this Bylaw: Definitions a) City means the municipal corporation of the City of St. Albert or, where the context so requires, the area contained within the boundaries of the City; b) City Manager means the chief administrative officer of the City of St. Albert; c) Committee means the Council Remuneration Review Committee established by this Bylaw; d) Council means the municipal council of the City of St. Albert; and e) Employment Benefits means the package of benefits provided to members of Council in addition to their annual salary and may include but shall not be limited to, payment of dental care extended health care, vision care, life insurance and Workers Compensation Board premiums. Establishment 3. A council committee is hereby established. The name of the committee shall be the Council Remuneration Review Committee. BYLAW 22/2011 (Page 1)

8 Membership 4. The committee shall consist of five (5) members, all of which shall be selected from volunteers recruited from citizens-at-large. 5. To be eligible for nomination an individual must be a resident of St. Albert. 6. The Mayor shall not be an ex-officio member of the Committee. 7. Council will, by resolution, appoint the members of the Committee from nominations submitted by the City Manager.Council delegates its authority to the City Manager to appoint members of the Committee. 8. Committee members will be appointed for the period of the term of the project. 9. Committee members will receive no salary or honorarium for their voluntary services. The City of St. Albert will reimburse any out of pocket expenses in accordance to the City of St. Albert s policies. Quorum, Meetings and Rules of Procedure 10. A quorum at any committee meeting shall be three (3) of the appointed members. 11. At its first meeting after being appointed, the members of the Committee shall designate one (1) member as Chair. 12. Except as otherwise provided in this Bylaw, the Committee shall establish its own rules of operational procedure. 13. Public notice of meetings of the Committee shall be given by posting a notice in the foyer of St. Albert Place. Public notice of the meeting of the Committee shall be posted in a designated location at St. Albert Place and Administration will endeavour to post the information to the City website and social media. 14. The Committee is free to conduct whatever reviews it feels are necessary to enable it to make recommendations. As part of its review, the Committee will review practices used by other municipalities in Alberta or Western Canada including, but not necessarily limited to other comparably sized municipalities such as; Strathcona County, the City of Medicine Hat, the City of Red Deer, the City of Grande Prairie, the City of Lethbridge, and the City of Airdrie. As part of its review, the Committee shall seek input from all current members of Council 15. The Committee may hold its meetings and conduct its research confidentially where permitted by the provisions of the Municipal Government Act and Freedom of Information and Protection of Privacy Act. BYLAW 22/2011 (Page 2)

9 16. The final report will be provided to all City Council members at a regular public City Council meeting after the final draft has been reviewed with City Council to ensure comprehensiveness and completeness. The anticipated delivery of the final recommendations is January 31, Committee Roles and Responsibilities 17. (1) The Committee shall review and recommend to Council: (a) the appropriate remuneration rates for the following positions: i. The Mayor ii. The Deputy Mayor iii. Councillors (b) the methodology to be used to establish salary increases in the future, including comparators and frequency; (c) what Employment Benefits should be offered to which positions and at what level: i. extended health care; ii. dental care; iii. life insurance; iv. workers compensation; and v. any others if applicable. (d) determination of moving to full time Councillors in the context of: i. hours spent on Council activities by members of Council; ii. comparator municipalities; iii. other applicable information; and iv. if recommended what year such a move would be recommended. (e) determination of appropriate per diems (amounts and purpose) and when a council member is eligible; (f) determination of appropriate reimbursement rates for meals and incidentals; (g) determination of appropriate support tools or resources including but not limited to: i. internet and access; ii. administrative support; iii. computer and/or personal digital assistant (i.e. ipad/blackberry); and BYLAW 22/2011 (Page 3)

10 iv. printers/scanner. (h) Federation of Canadian Municipalities (FCM) and Alberta Urban Municipalities Association (AUMA) conference attendance budget and other professional development, travel expense and community event attendance budgets; and (i) determination of appropriate vehicle allowance and/or mileage rates. 18. The Committee shall make recommendations to Council on remuneration issues following its review. This shall be done considering the order, timing, and priority for possible implementation. 19. The Committee shall also review the 2011 administrative recommendation for a remuneration increase and recommend what/if any change should be implemented for January 1, The Committee shall provide advice on what Council Governance Policies need to be updated. Committee Support The Committee shall be provided resources through the City Manager. It is intended that the General Manager of Corporate Strategic Services will be the direct administrative liaison to the Committee with the Chief Legislative Officer and the Director of Human Resources providing technical support or research needed by the Committee. READ a first time this 26 th day of April READ a second time this 26th day of April READ a third time this 26 th day of April SIGNED AND PASSED this day of MAYOR CHIEF LEGISLATIVE OFFICER BYLAW 22/2011 (Page 4)

11 Attachment 3 C-CC-03 City of St. Albert CITY COUNCIL POLICY City Council Remuneration and Expense Reimbursement AUTHORITY City Council APPROVED Res. No. mm dd C REVISED Res. No. mm dd C C C C C C C REVISED Res. No. mm dd C C REVISED Res. No. mm dd Purpose P To ensure that individuals who choose to serve their community as a member of City Council receive fair compensation for their time and expenses. To ensure that the Councillor expense reimbursement practices comply with federal and provincial legislation, and provide claimants with appropriate guidance relative to acceptable submissions. Policy While it is recognized that the primary reason that individuals seek municipal public office is public service, members of City Council shall be provided with fair and reasonable remuneration for their time and reimbursement for the expenses that they incur in fulfilling their responsibilities on City Council. Given the importance of maintaining and developing skills, each member of City Council shall have access to a specified Council Development budget. The City shall neither make nor reimburse political contributions. Each member of Council shall also be provided with a suite of employment benefits equivalent to those offered to the City s non-union category employees. Definitions City includes the City Council, Council Committees, and City Administration of the City of St. Albert. Political Contributions mean any money or real or corporate property that is provided to, or for the benefit of, a political party, constituency association or candidate, that involves direct or indirect support of (or opposition to) any political party, constituency association, or candidate for public office. City of St. Albert CITY COUNCIL POLICY C-CC-03 Page 1 of 3

12 Standards 1. Although members of Council are not employees of the City, for the purposes of this policy, they are treated, wherever required, in a similar manner as members of the City s nonunion employment category. 2. While the hours of work for members of Council are not regulated, the position of the Mayor is considered to be full-time in nature while the Councillors positions are considered to be part-time (one-half to three-quarter time). 3. Effective January 1, 2011, the Mayor shall be remunerated a sum of $90,000 per year and Councillors shall be remunerated at a rate of 35% of the Mayor s remuneration ($31,500 for 2011). These rates shall be adjusted each year, based on the average annual percentage change in the Alberta Weekly Earnings Index for the previous year. Increases shall be effective as of April 1 each year, consistent with the City s non-union employment category. 4. Councillors shall not receive additional remuneration for carrying out the responsibilities of the Deputy Mayor. 5. Members of Council shall be offered an employer retirement contribution program, providing a payment of 3% of their current year s remuneration for retirement planning purposes. 6. Members of Council may claim expenses associated with attending the general meetings and conferences of Alberta Urban Municipalities Association and the Federation of Canadian Municipalities, as well as to serve on various AUMA, FCM, or CRB board / committee positions, from a specific budget established annually as part of the budgeting process. The funding for these activities is separate from each Council member s Council Development budget. No more than six members of City Council shall attend the AUMA or FCM conferences in a given year, unless a conference is held in the City of Edmonton. 7. Members of Council may claim expenses from their Council Development Budget for professional development activities or events where the member of Council is required to attend in an official capacity. Expenses related to events of a social or political nature shall not be reimbursed. 8. Members of Council shall not be paid a per diem except for special circumstances as may be determined by resolution of Council. In situations where a member of City Council is appointed to represent the City in an official capacity on an external Agency, Board or Committee, and a per diem is paid by that organization, the per diems received must be reported to the City Manager and paid into City revenue. 9. Members of City Council shall be reimbursed for travel, accommodation, and other incidental expenses in accordance with Administrative Policy HRS City of St. Albert CITY COUNCIL POLICY C-CC-03 Page 2 of 3

13 10. The City shall not pay for spousal or guest expenses associated with Council activities. This includes travel, accommodation, registrations, meals, tickets to events and other similar expenses. The Mayor or Deputy Mayor may claim for spousal or guest expenses in circumstances where it is expected that they be accompanied by their spouse or guest. 11. Council Development budgets shall be provided to the Mayor and each Councillor. The budget for these amounts shall be re-assessed in odd years following a survey of the City of Lethbridge, City of Medicine Hat, Regional Municipality of Wood Buffalo, City of Grande Prairie and the City of Red Deer, and approved through the City s budget process. 12. Councillors shall be reimbursed for expenses associated with activities specified within this policy upon approval of an expense statement, with supporting documentation, by the Mayor. Reimbursement of the Mayor's expense statement, with supporting documentation, shall require the approval of the Deputy Mayor. 13. Any portion of any expense described in this policy which is paid for by a third party shall not be claimed for reimbursement from the City. 14. If a member of Council or Administration attends a political event on behalf of the City, for which proceeds support a political party or candidate, the City shall not reimburse any portion of a meal or event expense that constitutes proceeds to a political party, constituency association, or candidate. Also, no City cheques, purchase orders, or procurement cards shall be used to pay for any portion of a meal or event expense that constitutes proceeds to a political party, constituency association, or candidate. 15. The individual purchasing a ticket for a political event may retain the tax receipt for his or her own purposes. The tax receipt, issued by the party, constituency association, or candidate, should be in the name of the individual purchasing the ticket. 16. This policy shall be reviewed every Council term by an independent committee, whose recommendations Council may consider to revise this policy. 17. Each year the City Manager shall submit a summary of all Council expense claims and budget use from the previous year, to Council as information. Legal References: Municipal Government Act; Income Tax Act; Federal Accountability Act; Election Finances and Contributions Disclosure Act Cross References: Policy C-CC-04, Council Learning and Development; Policy C-CC-15, City Council Appointments to Federal, Provincial and Regional Boards and Committees; Policy A-HRS-3.14, Travel Allowance City of St. Albert CITY COUNCIL POLICY C-CC-03 Page 3 of 3

14 Attachment 4 CITY COUNCIL AGENDA REPORT Subject: BYLAW 16/ COUNCIL REMUNERATION REVIEW COMMITTEE Recommendation(s) 1. That Bylaw 16/2015, being Amendment 1 to Council Remuneration Review Committee Bylaw 22/2011, be read a first time. 2. That Bylaw 16/2015 be read a second time. 3. That unanimous consent be given for third and final reading of Bylaw 16/ That Bylaw 16/2015 be read a third and final time. 5. That Administration initiate the recruitment process for members of the Remuneration Review Committee. 6. That the Committee develop a work plan and timeline to be approved by Council after the Committee s first meeting. Purpose of Report In reviewing the current bylaw and in accordance with Council s previous direction on November 24, 2015, some amendments to the Council Remuneration Review Committee Bylaw are being recommended by Administration for Council s approval. Council Direction On November 24, 2014 Council passed Motion C requiring a Council Remuneration Policy review by an independent committee every Council term and Motion C that a Council Remuneration Review committee be convened in Background and Discussion On November 24, 2014 Council had revised City Council Policy C-CC-03 City Council Remuneration and Expense Reimbursement (Remuneration Policy) City Council Agenda February 17, 2015 / Page 1 File No.:

15 requiring a review to occur every Council term rather then every second term. In accordance with that decision, Administration must strike a Remuneration Review Committee as per Bylaw 22/2011. In reviewing the current bylaw, the following amendments are being recommended by Administration for Council s approval. 1. Appointment of Committee Members In an effort to improve the perception of the committee being an independent body from Council, it is proposed that the bylaw be amended to have Council delegate authority to the City Manager to appoint the committee members. This will remove any public perception of Council involvement in determining the membership of the committee. 2. Posting of Notices The second proposed amendment is to remove the requirement to post the public notice of meetings of the Committee in the foyer of St. Albert Place. Instead, the recommendation is to provide public notice of the meeting at a designated location at St. Albert Place and having Administration endeavor to have it put up on the City website and social media. This will enhance awareness of the committee meetings and allow the public the option to attend and watch the proceedings. 3. House Keeping In addition to the substantive changes, there were some minor housekeeping amendments for clarification that have been included in the amending bylaw. Section 19 and 20 were no longer relevant and were left over from when the original bylaw was passed. The specific due date for the committee s final report has been removed from section 16 so that future amendments will not be required every time a committee is struck in the future. To ensure a timely report, Administration advises that the process of recruiting the committee members commence as soon as possible. In the past this took some time, and it also takes time for the committee to form and meet. Stakeholder Communications or Engagement Adequate advertising will be required in order to recruit five volunteer committee members from citizens-at-large. The final report and recommendations will be presented to Council at a public Council meeting. City Council Agenda February 17, 2015 / Page 2 File No.:

16 Implications of Recommendation(s) a) Financial: There are no financial implications due to amendment of the bylaw. Provision of support to the committee may result in staff overtime costs, and if the committee requires contracted services in order to complete their mandate there will be financial implications. (The last Council Remuneration Review Committee utilized the services of a contractor to summarize committee discussions and create the final report.) The committee s recommendations may have some financial implications for the City, but they will be considered by Council at the time of the final report. b) Legal / Risk: The Recommended changes to Bylaw 22/2011 Council Remuneration Review Committee are in accordance with applicable municipal, provincial and federal legislation and have no legal /risk implications at this time. c) Program or Service: Recruitment of committee members and the provision of administrative support to the committee are additional workloads that will have some implications on the continuance of other programs or services. Implementation of the committee s recommendations could potentially impact programs and services. d) Organizational: The recommended actions will require staff time to recruit volunteers to serve on the committee and provide support to the committee until it has completed its final report. Alternatives and Implications Considered If Council does not wish to support the recommendations, the following alternatives could be considered: a) Alternative 1. Council strike a Council Committee to review their remuneration. This however could create a perception among the public of Council setting their remuneration. While legislation requires that Council ultimately set their remuneration, basing remuneration on the recommendations of a citizen-at-large committee will provide a level of objectivity to the recommendations. a) Alternative 2. Council could decide not to appoint the committee and put off the remuneration review to next year. However, under the current Remuneration Policy, Council would have to review it prior to the election. b) Alternative 3. Council could choose to revert to its previous policy of reviewing its remuneration every second term, and leave the remuneration review until after the 2017 municipal election. City Council Agenda February 17, 2015 / Page 3 File No.:

17 Strategic Connections a) Council s Strategic Outcomes and Priorities (See Policy C-CG-02) CULTIVATE EXCELLENCE IN GOVERNMENT: A responsive, accountable government that delivers value to the community. b) Long Term Plans (e.g. MDP, Social Master Plan, Cultural Master Plan, etc.) N/A c) Corporate Objectives (See Corporate Business Plan) Attract and retain high quality employees Ensure our customers are very satisfied d) Council Policies City Council Policy C-CC-03 City Council Remuneration and Expense Reimbursement e) Other Plans or Initiatives (Business Plans, Implementation Strategies, etc.) N/A Attachment(s) 1. Proposed Bylaw 16/ Bylaw 22/2011,Council Remuneration Review Committee (proposed amendments highlighted) 3. City Council Policy C-CC-03, City Council Remuneration and Expense Reimbursement Originating Department(s): Author(s): General Manager Approval: City Manager Signature: Legislative Services Chris Belke, Chief Legislative Officer Maya Pungur-Buick, General Manager Corporate Strategic Services Date: City Council Agenda February 17, 2015 / Page 4 File No.: