Item No. 1 Office of Integrity (Ethics) Commissioner Proposed Engagement Process

Similar documents
Office of Integrity (Ethics) Commissioner

Council concurred in the recommendation of the Executive Policy Committee, as amended, and adopted the following:

Toronto Community Housing Corporation Annual Shareholder Meeting, Audited Financial Statements, and Related Matters

The Corporation of the TOWN OF MILTON

Review of the Functions of Toronto's Accountability Offices

THE LOBBYIST REGISTRY

City of Toronto Public Appointments Policy

ORDINANCE NO

TORONTO MUNICIPAL CODE CHAPTER 215, REALTY AGENCY, TORONTO. Chapter 215 REALTY AGENCY, TORONTO. ARTICLE 1 General. ARTICLE 2 Toronto Realty Agency

CITY OF HAMILTON BY-LAW NO Council Code of Conduct:

Recommended Changes to the Local Authorities Election Act

Lobbying Disclosure for Board Members Policy Proposed Revisions

Monday, February 5, :00 p.m. Regular Meeting

TORONTO MUNICIPAL CODE CHAPTER 140, LOBBYING. Chapter 140 LOBBYING. ARTICLE I General

Committee meeting dates

Municipal Lobbying Ordinance

REGISTRAR, LOBBYISTS ACT OFFICE OF THE ETHICS COMMISSIONER PROVINCE OF ALBERTA

Annual Report. Office of the Ethics Commissioner of Alberta

ommissioner of Lobbyists Annual Report

BILL NO st Session, 63rd General Assembly Nova Scotia 66 Elizabeth II, 2017

Annual Performance Report Office of the Chief Electoral Officer Commissioner for Legislative Standards

THE CITY OF VAUGHAN BY-LAW. BY-LAW NUMBER (Consolidated)

Toronto Municipal Code Chapter 140, Lobbying

ACCESS, OPENNESS, ACCOUNTABILITY: A Guide to the Newfoundland and Labrador Registry of Lobbyists

Office of the Commissioner of Lobbying Ottawa, Ontario September 24, The Lobbyists Code of Conduct A Consultation Paper

Bill 80. Lobbying Transparency and Ethics Act. Introduction. Introduced by Mr Paul Bégin Minister of Justice

Ombudsman Report. André Marin Ombudsman of Ontario July 2012

CODE OF CONDUCT FOR MEMBERS OF COUNCIL

LOBBYISTS. The Lobbyists Act. being

Agenda Item Cover Sheet Agenda Item N o.

OFFICE OF THE ASSEMBLY

General Regulations Updated October 2016

SPECIAL COMMITTEE TO APPOINT AN INFORMATION AND PRIVACY COMMISSIONER

Syngenta AG Regulations Governing the Internal Organization of Syngenta AG

The Lobbying Act. Karen E. Shepherd Commissioner. February 8, Commissariat au lobbying du Canada

FOI Legislation and Litigation Update

KENYA GAZETTE SUPPLEMENT

Office of the Commissioner of Lobbying of Canada

Promoting Transparency and Integrity: Office of the Lobbyist Registrar Presentation for Board of Governors, Exhibition Place

Office of the Commissioner of Lobbying of Canada. Report on Plans and Priorities. The Honourable Tony Clement, PC, MP President of the Treasury Board

Council Chambers, Guelph City Hall, 1 Carden Street

PO Box 1749 Halifax, Nova Scotia B3J 3A5 Canada. Mayor Kelly and Members of Halifax Regional Council INFORMATION REPORT

OFFICE OF THE ASSEMBLY

Guide for Municipalities

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 68. (Chapter 10 of the Statutes of Ontario, 2017)

TITLE 5 MUNICIPAL FINANCE AND TAXATION 1 CHAPTER 1 MISCELLANEOUS

Legislative Assembly of Prince Edward Island Report of the Indemnities & Allowances Commission

TITLE 5 MUNICIPAL FINANCE AND TAXATION 1 CHAPTER 1 MISCELLANEOUS

ANNUAL REPORT OF THE OFFICE OF THE LOBBYIST REGISTRAR

These bylaws establish for the Board of Directors the basic framework within which it will meet its obligations under the Societies Act of BC.

A BASIC GUIDE TO LOBBYING REGISTRATION AND DISCLOSURE IN THE CITY OF IRVINE. Prepared by the City Clerk March 2006 Updated January 2018

Crosswalk: ARFA First Nations Current Model to Streamlined Agreement

Annual Report of the Saskatchewan Conflict of Interest Commissioner And Registrar of Lobbyists. Ronald L. Barclay, Q.C

DISCIPLINARY CODE. 4. A Disciplinary Committee shall be constituted as follows:

The Canadian Union of Public Employees (CUPE) was created at the Founding Convention on September 24, 1963 in Winnipeg, Manitoba.

CONSTITUTION OF THE "NON-PARTISAN ASSOCIATION"

CHAIR AND MEMBERS CORPORATE SERVICES COMMITTEE MEETING ON OCTOBER 20, 2015 CATHY SAUNDERS CITY CLERK RANKED BALLOTING PROCESS RECOMMENDATION

OFFICE OF THE ASSEMBLY

Office of the Commissioner of Lobbying of Canada. Report on Plans and Priorities. The Honourable Tony Clement, PC, MP President of the Treasury Board

City Government Responsibility, Lobbying and Ethics Reform Act

Report of an Investigation concerning allegations made with respect to activities of

This policy applies to all elected representatives, officials and staff of the City of Brampton.

City of Kingston Report to Administrative Policies Committee Report Number AP

London Stock Exchange Group plc ("the Company") Audit Committee Terms of Reference

Alberta Office of the Ethics Commissioner Updated 2017 LOBBYISTS ACT

CITY POLICY No. R-24

Public Ethics Commission

CODE OF PRACTICE THE IRISH MEDICAL ORGANISATION

B LOCAL OPTION EXCISES

Local Government Employee Lobbyists 2010 Legislative Update

RESOLUTION NO Adopted by the Sacramento City Council. July 26, 2016

THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE BY-LAW NO. 04/2014

2016 GENERAL ELECTION PROPOSED CONSTITUTIONAL AMENDMENTS BALLOT LANGUAGE. No. 1 Constitutional Amendment Article X, Section 29

ORDINANCE ESTABLISHING REGULATION OF LOBBYISTS IN OAKLAND MUNICIPAL CODE CHAPTER Chapter THE CITY OF OAKLAND LOBBYIST REGISTRATION ACT

Revised Code of Ordinances, City of Hallowell (1997) CHAPTER 3 FINANCE SUBCHAPTER I - GENERAL

Minutes. Toronto Transit Commission

Minutes of an Open Meeting of Council held at 6:00 p.m. on the above date in the Council Chambers at City Hall.

THE REGIONAL MUNICIPALITY OF PEEL LOBBY REGISTRY AND INTEGRITY COMMISSIONER COMMITTEE

NATIONAL TREASURY 18 DECEMBER 2017 DRAFT REGULATIONS IN TERMS OF SECTION 304 OF FINANCIAL SECTOR REGULATION ACT, 2017

2018 MUNICIPAL ELECTION INFORMATION FOR CANDIDATES

GOVERNANCE COMMITTEE. THE CORPORATION OF THE CITY OF MISSISSAUGA ( MONDAY, FEBRUARY 27, :03 P.M.

Bill No. 2614, Draft 1

COUNCIL POLICY BACKGROUND

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 68. An Act to amend various Acts in relation to municipalities

2. Home 3. Knowledge 4. PEl Reintroduces Lobbying Law: Strong Enforcement, Fewer Gaps than Previous Bill

THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW. A By-law to establish and maintain a Lobbyist Registry in the City of Brampton

SUPPLEMENT TO PHILADELPHIA HOME RULE CHARTER APPROVED BY THE ELECTORS AT A SPECIAL ELECTION MAY 18, 1965

CITY OF VAUGHAN REPORT NO. 40 OF THE COMMITTEE OF THE WHOLE

Scope of Audit Committee s Responsibilities. Specific Committee Responsibilities: Leadership & Stewardship

Municipal Township Initiative and Referendum

Lobbyist Registration and Disclosure. Audit, Finance & Legislative Committee City Auditor s Office November 29, 2007

Message From the Commissioner

Ombudsman Report. Investigation into complaints about closed meetings held by Council for the City of London on May 17 and June 23, 2016

Sempra Energy Compensation Committee Charter

The Corporation of the City of St. Catharines GENERAL COMMITTEE AGENDA Special, Monday, February 6, 2017 Council Chambers, City Hall, 6:30 PM

Basics of County Government

CONSTITUTION. (Amendments ratified at Special General Meeting 19 December 2016)

The Lost Dogs Home Board Charter

The Constitution and Bylaws of Upper Canada District District 26 of the Ontario Secondary School Teachers Federation. District Constitution

Campaign 2018: Rules of the Road

Transcription:

Council Minutes February 24, 2016 1 Minute No. 168 Report - Executive Policy Committee February 17, 2016 Item No. 1 Office of Integrity (Ethics) Commissioner Proposed Engagement Process COUNCIL DECISION: Council concurred in the recommendation of the Executive Policy Committee and adopted the following: 1. That the report from the Winnipeg Public Service be received as information.

2 Council Minutes - February 24, 2016 Report - Executive Policy Committee February 17, 2016 DECISION MAKING HISTORY: Moved by His Worship Mayor Bowman, That the recommendation of the Executive Policy Committee be adopted. EXECUTIVE POLICY COMMITTEE RECOMMENDATION: Carried On February 17, 2016, the Executive Policy Committee concurred in the recommendation of the Winnipeg Public Service and submitted the matter to Council. COUNCIL DECISION: On January 27, 2016, Council granted a 30-day extension of time in order for the Winnipeg Public Service to report back with a proposed process for the engagement of an Integrity Commissioner, on a two-year renewable term, in accordance with all applicable City policies including, without limitation, the City s Materials Management policy. On December 9, 2015, Council concurred in the recommendation of the Executive Policy Committee and adopted the following: 1. That the Office of Integrity Commissioner be created, and the Winnipeg Public Service be directed to report back at the January, 2016 Council meeting with a proposed process for the engagement of an Integrity Commissioner, on a two-year renewable term, in accordance with all applicable City policies including, without limitation, the City s Materials Management policy. 2. That the mandate of the Integrity Commissioner be adopted and applicable to Members of Council only. 3. That a new draft Code of Conduct of the Council of the City of Winnipeg be developed by the Integrity Commissioner for consideration by Council, and that such draft Code of Conduct for Council include, without limitation, sanctions and enforceability mechanisms. 4. That should a Lobbyist Registry be established, the oversight of the registry be included in the Integrity Commissioner s mandate.

Council Minutes February 24, 2016 3 Report - Executive Policy Committee February 17, 2016 DECISION MAKING HISTORY (continued): COUNCIL DECISION (continued): 5. That an annual budget in the amount of $100,000 per year for ongoing operations of the Integrity Commissioner be referred to the 2016 Operating Budget process. 6. That the Winnipeg Public Service request the Province of Manitoba to amend The City of Winnipeg Charter Act to create an applicable section specifically on the mandate and role of an Integrity Commissioner, identify appropriate penalties should any relevant by-law, policy or Act be breached, and grant investigative powers to the Integrity Commissioner. On June 17, 2015, Council adopted the following motion: WHEREAS on December 11, 2013 Council concurred in the recommendation of the Executive Policy Committee with respect to the creation of an Office of Ethics Commissioner (the 2013 Motion ); AND WHEREAS the 2013 Motion also requested the Province of Manitoba to amend the City of Winnipeg Charter Act (the Charter ) to provide the Ethics Commissioner with investigative powers to compel witnesses and evidence, which amendments have not as yet been made; AND WHEREAS the 2013 Motion also provided that the Ethics Commissioner have jurisdiction over investigating complaints and recommending to Council sanctions with respect to members of the Public Service, and it is desirable to obtain further analysis of this issue from a labour relations perspective; THEREFORE BE IT RESOLVED THAT the Public Service be requested to report back within 120 days to Executive Policy Committee with recommendations for a process and implementation plan to create an Office of Ethics Commissioner with the maximum authority under the existing Charter, which report shall include; (i) a review of best practices in other jurisdictions; (ii) human resource and labour relations implications; (iii) budgetary implications; (iv) legal implications; and (v) all other relevant considerations.

4 Council Minutes - February 24, 2016 Report - Executive Policy Committee February 17, 2016 DECISION MAKING HISTORY (continued): COUNCIL DECISION (continued): BE IT ALSO RESOLVED THAT the Governance Committee of Council work with the City Solicitor to review the existing Councillor Code of Conduct (the Code ) to develop recommendations for Council consideration with respect to updating and amending the Code to ensure: (i) guidelines for ethical conduct are in line with best practices in other jurisdictions; and (ii) consequences for breaching the Code are clearly defined and articulated.

Council Minutes February 24, 2016 5 ADMINISTRATIVE REPORT Title: Critical Path: Office of Integrity (Ethics) Commissioner Proposed Engagement Process Executive Policy Committee - Council AUTHORIZATION Author Department Head CFO CAO/COO M. Lemoine R. Kachur n/a M. Jack COO RECOMMENDATIONS That this report be received as information. REASON FOR THE REPORT On December 9, 2015 Council adopted the report of Executive Policy Committee dated December 2, 2015, dealing with the Office of Integrity (Ethics) Commissioner. Recommendation 1 of that report called for the Winnipeg Public Service to report back on a proposed process for engagement of the Integrity Commissioner. On January 6, 2015, Executive Policy Committee provided a 30 day extension of time to respond to this request. EXECUTIVE SUMMARY The cross-jurisdictional review found that many municipalities who have implemented an Integrity Commissioner have done so in a similar manner; as an outside, independent contractor, appointed as the Integrity Commissioner and reporting to Council, with payment as a combination of a stipend and a fee-for-service basis. This report identifies a process for recruiting and engaging an Integrity Commissioner, with final appointment done by Council and with the process being in accordance with all applicable City policies, including the City s Materials Management Policy. This process would be followed by the Winnipeg Public Service after the budget for such an office was approved.

6 Council Minutes - February 24, 2016 IMPLICATIONS OF THE RECOMMENDATIONS By implementing an Integrity Commissioner, the City is providing a transparent, accessible and open process for Members of Council, members of Administration and members of the public, to report or receive information on a perceived conflict by a Member of Council and be ensured that an independent officer will have powers to investigate issues and report their findings to Council. This report identifies a process for engaging a person for this position. HISTORY/DISCUSSION On December 9, 2015 Council adopted the report of Executive Policy Committee dated December 2, 2015, dealing with the Office of Integrity (Ethics) Commissioner. Recommendation 1 of that report called for the Winnipeg Public Service to report back on a proposed process for engagement of the Integrity Commissioner as follows: 1. That the Office of Integrity Commissioner be created, and the Winnipeg Public Service be directed to report back at the January, 2016 Council meeting with a proposed process for the engagement of an Integrity Commissioner, on a two-year renewable term, in accordance with all applicable City policies including, without limitation, the City s Materials Management policy. On January 6, 2015, Executive Policy Committee provided a 30 day extension of time to respond to this request. The cross-jurisdictional review done in regards to Integrity Commissioners found that many municipalities who have implemented an Integrity Commissioner have done so in a similar manner; as an outside, independent contractor, appointed as the Integrity Commissioner and reporting to Council, with payment as a combination of a stipend and a fee-for-service basis. As shown in Appendix A, individuals were appointed and provide service to several Ontario municipalities on an as-needed / fee-for-service basis. The proposed process for engaging an Integrity Commissioner would be to advertise the position being available online and in local and perhaps national newspapers, once the position is confirmed in the 2016 budget. The Winnipeg Public Service will convene a panel to review the applicants, with the panel suggested to include representatives from City Council. The panel will short list and forward to Council a proposed selection. As adopted by Council, the Integrity Commissioner will be appointed on a two year term, with the contract created by Legal Services. Legal Services, Materials Management and Corporate Support Services (in terms of human resource issues) will all be consulted on the process. The process will be in accordance with all applicable City policies including, the City s Materials Management Policy.

Council Minutes February 24, 2016 7 FINANCIAL IMPACT Financial Impact Statement Date: January 25, 2016 Project Name: First Year of Program 2016 Office of Integrity (Ethics) Commissioner 2016 2017 2018 2019 2020 Capital Capital Expenditures Required $ - $ - $ - $ - $ - Less: Existing Budgeted Costs - - - - - Additional Capital Budget Required $ - $ - $ - $ - $ - Funding Sources: Debt - Internal $ - $ - $ - $ - $ - Debt - External - - - - - Grants (Enter Description Here) - - - - - Reserves, Equity, Surplus - - - - - Other - Enter Description Here - - - - - Total Funding $ - $ - $ - $ - $ - Total Additional Capital Budget Required $ - Total Additional Debt Required $ - Current Expenditures/Revenues Direct Costs $ - $ - $ - $ - $ - Less: Incremental Revenue/Recovery - - - - - Net Cost/(Benefit) $ - $ - $ - $ - $ - Less: Existing Budget Amounts - - - - - Net Budget Adjustment Required $ - $ - $ - $ - $ - Additional Comments: There is no Financial Impact associated with this report. original signed by Ramona Hodges Manager of Finance (Campus) Corporate Finance Department

8 Council Minutes - February 24, 2016 CONSULTATION In preparing this Report there was consultation with: The Office of the Chief Administrative Officer Materials Managment Legal Services OURWINNIPEG POLICY ALIGNMENT Not applicable. SUBMITTED BY Department: City Clerk s Prepared by: Destiny Watt, Senior Committee Clerk Date: January 25, 2016 J:\LIBRARY\REPORTS\160125 - Integrity Commissioner - Engagement Process.docx

Council Minutes February 24, 2016 9

10 Council Minutes - February 24, 2016