CITY COUNCIL AGENDA REPORT

Transcription

1 CITY COUNCIL AGENDA REPORT Subject: QUASI - JUDICIAL STANDING COMMITTEE Recommendation(s) That the November 17, 2014 agenda report entitled Quasi-Judicial Standing Committee be received as information. Purpose of Report This report provides an overview of the purpose for the formation of, and the authority of the Quasi-Judicial Standing Committee. Council Direction On November 12, 2013, Council passed the following motion: (C ) That Administration present to Council the history, purpose and possible future of the Quasi-Judicial Standing Committee complete with any appropriate information from other cities in Alberta. On April 18, 2006 Council passed all three reading of The Quasi-Judicial Standing Committee Bylaw 12/2006 (See Attachment 2). The bylaw has only been amended once, on September 18, 2006, by Bylaw 28/2006, which amended the effective dates for appointments to various boards and committees, including the Quasi-Judicial Standing Committee. Background and Discussion The Quasi-Judicial Standing Committee Bylaw (the Bylaw) delegated Council s authority to hear appeals of orders issued under sections 545 or 546 of the Municipal Government Act (MGA) to a committee formed by the Bylaw. The Bylaw also defined the membership of the committee and rules of procedure for the Committee when hearing appeals. Section 545 of the MGA provides authority to the City to issue orders requiring a person to remedy a contravention of a City bylaw or any other enactment; section City Council Agenda November 17, 2014 / Page 1 File No.:167-T1

2 546 of the MGA provides authority to the City to issue orders requiring a person to remedy a danger or an unsightly property. In 2005, Council was called upon to hear an appeal of a Section 545 order that required a resident to remove landscaping that blocked a drainage swale situated on the resident s property. Council of the day did not care for the manner in which the hearing unfolded it was a full panel hearing held during a regular, public meeting of Council. Administration was asked to bring forward a bylaw similar to the one then in place in the City of Edmonton, which established a committee of Council to perform this appeal function. The Agenda Report (AR) that was provided to Council on April 18, 2006, when all three readings of the Bylaw were passed, has been provided as Attachment 1. To the best of Administration s knowledge, the Quasi-Judicial Standing Committee has not been called upon to hear an appeal since its formation. Orders issued under section 545 or 546 are rare, and rarer still are appeals from those orders. However should an appeal be received, a Committee hearing would function as an appropriate forum by which to discharge Council s appeal duties in a timely and effective manner. It should be noted that the City of Edmonton has since repealed and replaced its bylaw with a more robust version that establishes a Council Committee (the Community Standards and License Appeal Committee) to adjudicate Preliminary Issue Applications and appeals of licensing decisions (regarding business licenses and taxi licenses, primarily) MGA orders, and weed control notices. In St. Albert, appeals of business licensing decisions are to be heard by a separate Appeal Committee comprised of City Manager appointees. Currently, St. Albert does not have a dedicated taxi licensing program. If there is a future need or opportunity to expand the Quasi-Judicial Committee s mandate, Administration will bring forward the associated recommendations. Implications of Recommendation(s) N/A Alternatives and Implications Considered N/A Strategic Connections 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. City Council Agenda November 17, 2014 / Page 2 File No.:167-T1

3 People have the right to appeal an order issued to them by the City under either section 545 of 546 of the MGA. The Quasi-Judicial Standing Committee has been established to hear those appeals. Attachment(s) 1. City Council Agenda Report, Bylaw 12/ Quasi-Judicial Standing Committee Bylaw, April 18, Quasi-Judicial Standing Committee Bylaw 12/2006 Originating Department(s): Author(s): General Manager Approval: City Manager Signature: Legislative Services / Legal Services Chris Belke, Chief Legislative Officer/ Gene Klenke, Director of Legal Services Maya Pungur- Buick, General Manager Corporate Strategic Services Date: City Council Agenda November 17, 2014 / Page 3 File No.:167-T1

4 Attachment 1 CITY COUNCIL AGENDA REPORT Subject: Bylaw 12/2006 Quasi-Judicial Standing Committee Bylaw Recommendation(s): 1. That Bylaw 12/2006, being a Bylaw to establish the Quasi-Judicial Standing Committee of Council, be read a first time. 2. That Bylaw 12/2006 be read a second time. 3. That unanimous consent be given for consideration of third and final reading of Bylaw 12/ That Bylaw 12/2006 be read a third and final time. Report Summary: The proposed Bylaw 12/2006 establishes a committee of Council charged with the task of reviewing orders issued by Administration under sections 545 and 546 of the Municipal Government Act ( Act ). The Bylaw sets up a hearing process for matters under review and outlines measures that ensure procedural fairness. Legislative History: At a regular meeting on April 4, 2005, Council conducted a review of an order issued in accordance with section 545 of the Act. At the outset of the review hearing, Council adopted procedures (specifically applicable to that hearing) that were substantially similar to those now referenced within Appendix A of the proposed Bylaw 12/2006. Report: Under Part 13, Division 4 of the Act, designated officers of a municipality may issue an order: i. requiring a person to remedy a contravention of a bylaw or any other enactment (including the Act) that a municipality is authorized to enforce (section 545), and ii. requiring a person to remedy a danger or an unsightly property (section 546). These orders are issued in situations where the municipality requires action on the part of the recipient such that the detrimental condition is immediately rectified. The recipient is typically afforded a certain time within which to address the problem, failing which the City has the right to step in and address the problem at the recipient s expense (section 550 of the Act). In accordance with section 547 of the Act, the recipient may request that Council conduct a review of the order and in doing so, Council may confirm, vary, substitute or cancel the order. In this role, Council acts as a quasi-judicial appellate body acting in much the same manner as the Subdivision and Development Appeal Board or the Assessment Review Board. City Council Agenda April 18, 2006/Page 1

5 Council s sole engagement as a review body under section 547 occurred on April 4, On that occasion, Council reviewed an order issued to a local homeowner requiring that the owner remove some landscaping stones that blocked a neighbourhood drainage swale running along the rear of the owner s property. While upholding that disputed order, some members of Council expressed a desire to have future review hearings scheduled at times other than regular Council meetings. In an effort to develop a less obtrusive and more efficient approach to review hearings, Administration recommends that Council delegate, in accordance with section 203 of the Act, its section 547 obligations to a committee of Council. Passing Bylaw 12/2006 will make this delegation effective. Highlights of the Bylaw are as follows: the quasi-judicial committee of Council ( Committee ) shall sit as a membership of three, and all three members must be present to form a quorum, the Committee s membership shall consist of the Mayor, who shall serve as a permanent Member, and two other Councillors appointed by resolution of Council who (except in 2006) each serve one year membership terms commencing January 1 of the effective year of appointment, the Committee shall meet annually for organizational purposes, and as necessary for the purpose of reviewing orders, the Committee shall follow the procedures set out in Appendix A of the Bylaw these procedures have been designed to ensure that, if followed, review hearings are conducted in a fair manner, the Chief Legislative Officer will attend all review hearings to assist with matters of procedure, and the decision of the majority of members forms the decision of the Committee, and the designated Chair shall furnish reasons for the Committee s decision. It should be noted that the City of Edmonton has also adopted a similar delegation approach to Council s role as a review body. Conclusion: The streamlined review hearing process set out in Bylaw 12/2006 is recommended by Administration as a reasonable and duly authorized approach to Council s obligations under section 547 of the Act. Attachments: 1. Bylaw 12/2006 Report Date April 6, 2006 Author Gene Klenke Originating Department Legal Services General Manager Review Del Dyck Chief Legislative Officer Review Sylvia Laarhuis City Manager Review Bill Holtby City Council Agenda April 18, 2006/Page 2

6 Attachment 2 CITY OF ST. ALBERT CONSOLIDATION OF BYLAW 12/2006 (Consolidated by Bylaw 28/2006) A Bylaw to Establish the Quasi-Judicial Standing Committee 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 Quasi-Judicial Standing Committee Bylaw. 2. In this Bylaw Definitions (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) Act means the Municipal Government Act, R.S.A. 2000, c. M-26, any regulations thereunder, and any amendments or successor legislation thereto, Applicant means a person or persons to whom an Order to be reviewed in accordance with this Bylaw is directed, Bylaw means this Quasi-Judicial Standing Committee Bylaw, Chair means the chairperson of the Committee, Chief Legislative Officer means the person designated by the City Manager as the Chief Legislative Officer, and if no person is so designated, the City Manager, 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, City Manager means the chief administrative officer of the City of St. Albert, Committee means the Quasi-Judicial Standing Committee, Council means the municipal council of the City of St. Albert, Councillor means a member of Council, including the Mayor, Mayor means the City s chief elected official, Member means a person appointed as a member of the Committee, Order means an order issued in accordance with sections 545 or 546 of the Act, Parties mean the Applicant and the City Manager (or designate), Procedure Bylaw means City of St. Albert Bylaw 12/99 and includes any amendments or successor bylaws thereto, Review Hearing means a hearing scheduled by the Chief Legislative Officer in accordance with this Bylaw, and Section and Subsection means respectively, a section or subsection of this Bylaw. BYLAW 12/2006 (Page 1)

7 Establishment 3. There is hereby established a Council committee that shall be referred to as the Quasi- Judicial Standing Committee. Responsibilities 4. The Committee may hold Review Hearings and is hereby delegated the powers, duties and functions to confirm, vary, substitute or cancel Orders. Membership and Term 5. The Committee s membership shall consist of the Mayor, and two (2) other Councillors appointed by resolution of Council. 6. (1) The Mayor shall serve as a permanent Member. (2) Members other than the Mayor shall serve a one (1) year membership term commencing on the date designated by Council resolution. (BL28/2006) (3) Notwithstanding Subsection (2), Members other than the Mayor who are appointed in the year 2006 shall serve as Members until December 31, If a Member vacates the office of Councillor, Council shall appoint a replacement Member to fill that membership vacancy until such time as new membership positions are filled in accordance with Section 6. Quorum and Meetings 8. All three (3) Members must be present at each meeting of the Committee to form quorum. 9. The Committee shall hold an organizational meeting subsequent to its appointment each year and shall hold Review Hearings as scheduled hereunder throughout the remainder of the Committee s term. (BL28/2006) 10. (1) During Chair the inaugural Review Hearing, if the same is held on or before December 31, 2006, and each annual organizational meeting held in accordance with Section 9, Members shall designate a Chair to serve as such until the next annual organizational meeting. (2) In the event that the position of Chair is vacated, Members shall designate an acting Chair to serve as such until a new Chair is designated at the next annual organizational meeting. 11. The Chair or acting Chair shall BYLAW 12/2006 (Page 2)

8 (c) be responsible for the conduct of the Review Hearing, pronounce all Committee decisions rendered in accordance with this Bylaw, and furnish written reasons for all Committee decisions rendered in accordance with this Bylaw. Scheduling and Rules of Procedure 12. (1) Within fourteen (14) days after the date the Order is received, in the case of an Order issued in accordance with section 545 of the Act, and seven (7) days after the date the Order is received, in the case of an Order issued in accordance with section 546 of the Act, an Applicant may request, by written notice, that the Committee review the Order. (2) An Applicant s request to have an Order reviewed must disclose reasons for the request. 13. (1) Notwithstanding any prior policy or practice endorsed by Council, a Review Hearing shall be scheduled and conducted in accordance with the procedures set out in Appendix A of this Bylaw. (2) If a matter relating to the procedures of the Committee is not addressed by this Bylaw, reference should be made to the Procedure Bylaw. Privative Clause 14. Subject to any right of appeal provided in the Act, any decision of the Committee shall be final and binding on the Parties, and no application for judicial review may be made with respect to any such decision. READ a first time this 18 th day of April, 2006 READ a second time this 18 th day of April, 2006 READ a third time this 18 th day of April, 2006 SIGNED AND PASSED this 20 th day of April, MAYOR CHIEF LEGISLATIVE OFFICER BYLAW 12/2006 (Page 3)

9 APPENDIX A Review Hearing Procedures 1. Prior to a Review Hearing (c) The Chief Legislative Officer shall advise the City Manager/designate of the request for a Review Hearing. The Chief Legislative Officer shall schedule the Review Hearing as soon as practicable, with a view to allowing the Parties sufficient notice and time to prepare for the Review Hearing. The Chief Legislative Officer shall advise the Applicant and the City Manager/designate (i) (ii) (iii) (iv) (v) of the date, time and place of the Review Hearing, of the right to have resource persons or witnesses present, of the right to present any information pertaining to the review, including expert testimony, that the review is limited to issues specific to the Order, and of the full contents of the Committee agenda package. 2. During the Review Hearing Any Member who believes that circumstances may give rise to an apprehension of bias (but not a suspicion of bias) should excuse himself/herself from the proceedings. Thereafter, because quorum will not be met, the Review Hearing shall be adjourned and another Councillor shall be appointed as a Member for the limited purpose of the re-scheduled Review Hearing. The Chair will outline the purpose of the Review Hearing, which is to provide (i) (ii) (iii) an opportunity for the Parties to make representations to the Committee in support of their respective positions, the Committee with the means to receive all information pertinent to its review of the Order, and a process by which the Committee may reach a fair and impartial decision. (c) (d) (e) The City Manager/designate will have ten minutes to explain the rationale for issuing the Order under review. The Applicant will have ten (10) minutes to present its case refuting the Order, and will have an opportunity to respond to information provided by the City Manager/designate. The Committee may ask City Manager/designate questions for clarification. BYLAW 12/2006 (Page 4)

10 (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) The City Manager/designate will have an opportunity to respond to information presented by the Applicant. The Committee may ask the Applicant questions for clarification. Any other person in attendance who claims to be affected directly by the Order may speak for a maximum of two (2) minutes. The Committee may ask relevant questions of other persons claiming to be affected by the Order. The Applicant is permitted to speak for five (5) minutes in response to any new information that has been presented. The City Manager/designate may speak for five (5) minutes in response to any new information that has been presented. Neither the Applicant nor the City Manager/designate shall have the right to cross-examine each other or any witnesses who may be called. The Committee may debate, if required, on matters raised during the presentation. The Committee may meet in camera to deliberate. The Chief Legislative Officer will attend the in camera deliberations to advise on matters of procedure. The only motion that can be made in camera is a motion to revert to open session. If the Committee requires additional information or clarification in order to make its decision, the Parties will be asked to reconvene in order to provide and respond to the required additional information. In open session, the Chair will pronounce the Committee s decision (which decision is supported by a majority of Members). If the Committee upholds the Order (or requires action on the part of the Applicant), the decision should state that the Applicant must comply with the Order (or complete the required action) by a specific date, failing which the City may rectify the problem at the Applicant s cost. 3. After the Review Hearing The Chief Legislative Officer shall serve written notice of the Committee s decision, including reasons, by delivering or sending the same by regular mail to the to the office of the City Manager and to the Applicant s address disclosed in the request for review (or such alternate address as may be provided by the Applicant in writing to the Chief Legislative Officer). The Chief Legislative Officer shall inform the Applicant of his/her right to appeal as set out in the Act. BYLAW 12/2006 (Page 5)