2. rural summit – corporate services and economic development Committee revised Terms
of Reference sommet rural - Mandat rÉvisÉ du des services organisationnels et du développement économique |
Committee Recommendation
That Council
approve the Committee’s Terms of Reference as outlined in Document 1.
Recommandation
du comitÉ
Que le Conseil
municipal approuve le mandat du Comité décrit dans le document 1.
Committee Review
Date / Date d’examen par le Comité
4 April 2006 / 4 avril 2006
Present / Présences :
Chair / Président : B.
Chiarelli
Vice Chair/vice-présidente : M. McRae
Members / Membres : M. Bellemare
R. Bloess
R. Chiarelli
A. Cullen
P. Hume
J. Stavinga
Documentation
1. Chief Corporate Services Officer’s report dated 20 March 2006 (ACS2006-CRS-CCB-0023).
Report to/Rapport au :
Corporate Services and Economic Development Committee
Comité des services organisationnels
et du développement économique
and Council / et au Conseil
20 March 2006 / le 20 mars 2006
Submitted by/Soumis par : Greg Geddes, Chief Corporate Services
Officer/Chef des Services généraux
Contact Person/Personne ressource : M. Rick O'Connor, City Solicitor
Legal Services/Contentieux
(613) 580-2424 x21215, Rick.OConnor@ottawa.ca
REPORT
RECOMMENDATION
That the Corporate Services and Economic Development
Committee recommend Council approve the Committee’s Terms of Reference as
outlined in Document 1.
RECOMMANDATION DU
RAPPORT
Que le Comité des services organisationnels et du développement recommande au
Conseil municipal d’approuver le mandat du Comité décrit dans le document 1.
BACKGROUND
In January 2005, Mayor Chiarelli announced that the City of Ottawa would
host a Rural Summit to identify ways in which the City could improve how it
delivers services to its rural constituents.
In preparation for the two-day event, six sub-committees were formed to
research, investigate and develop options for solutions that could be
considered by the participants attending on Day Two of the Rural Summit. The Governance Sub-Committee was established
to identify realistic and practical governance options including modifications
to both the City of Ottawa’s political infrastructure and its administrative
implementation of policy. The
Sub-Committee focused its efforts on identifying various options which
recognized rural residents as valuable members of the City of Ottawa.
Of great importance to the Governance Sub-Committee was the strengthening of the Agriculture and Rural Affairs Committee by enhancing its existing Terms of Reference. In an effort to decentralize policy development for non city-wide issues in the rural areas and to improve consultation on any new or revised policies or services impacting the rural community, the Sub-Committee recommended that the Terms of Reference be expanded to include additional areas of policy development and service delivery that affect rural communities of the City of Ottawa. On November 19, 2005, Day Two of the Rural Summit, participants endorsed the recommendation of the Governance Sub-Committee, indicating that a strengthened Agricultural and Rural Affairs Committee was a high priority for the participants. In the aftermath of the Rural Summit, the Mayor announced the creation of a Rural Summit Task Force. Briefly, one of the key functions of this group was to move forward the governance agenda and, in particular, the revisions to the Agriculture and Rural Affairs Committee’s Terms of Reference. In its budget report submitted to City Council on December 9, 2005, the Rural Summit Task Force identified the recommendation of the Governance Sub-Committee as a priority to be funded out of the $1.9 million allotted for Rural Summit initiatives.
As a consequence of the Rural Summit Task Force recommendations, enhancements to the Agriculture and Rural Affairs Committee’s Terms of Reference have had a corresponding impact on the Terms of Reference of other Standing Committees of Council. Generally speaking, the Agriculture and Rural Affairs Committee will be dealing with policy issues with a distinct rural component or impact in the rural areas as identified in Schedule A of the City of Ottawa’s Official Plan and defined as follows: that ‘part of the City not intended for urban development’, which ‘contains a number of important natural resources and is characterized by the dominance of the natural rather than the built environment’. Language has been incorporated into the Terms of Reference to reflect the division of urban/suburban and rural planning and environment issues.
In addition to the impacts of enhancements to the Agriculture and Rural Affairs Committee, there are various housekeeping items that have been previously approved by Council and have been included in the revisions to the Terms of Reference for all Standing Committees including the following:
Approval of the Annual Budget
On 28 September 2005,
City Council enacted and passed the Procedure By-law, being By-law No.
2005-431, which stipulated that the annual budget shall be considered by the
Committee of the Whole and not by the various Standing Committees of
Council. This specific amendment had
originally been in place in December 2004 for Council’s debate on the 2005
Budget process. As a result, the Terms
of Reference provision respecting the authority and approval process for
Standing Committees to review and recommend the annual operating and capital
budgets for their respective departments/branches is no longer correct. What remains within the purview of the
Standing Committee is the ongoing authority to review and approve budget
adjustments within existing funding envelopes for the relevant
departments/branches.
Corporate Restructuring
At its meeting on 11 February 2004, City Council considered a report from the Acting City Manager entitled “Budget 2004 – Opportunity Log – Corporate Restructuring”, and approved a number of recommendations concerning the reorganization and realignment to the Corporate Structure. Further, on 26 May 2004, City Council approved additional changes to the City’s organizational structure including the realignment of senior management (i.e. General Managers become “Deputy City Managers”). As a result, the Terms of Reference for all Standing Committees have been revised in order to reflect the existing corporate structure.
DISCUSSION
As a result of the initiatives or amendments previously approved by Council, either through endorsing the recommendations of the Rural Summit Task Force or as part of the Corporate Restructuring in 2004, staff have undertaken a review of the Terms of Reference for each Standing Committee. The Corporate Services and Economic Development Committee is not significantly impacted by the enhancements to the Agriculture and Rural Affairs Committee’s Terms of Reference.
Should Council approve these changes, it is acknowledged that the division of matters between urban/suburban and rural is not likely one that will be easily achieved. Broadly speaking, those issues that have significant, city-wide implications will continue to report through the appropriate Standing Committee. Where possible, however, the Rural Issues Advisory Committee should be consulted to identify or evaluate any rural implications. Items with an overlapping impact or distinct rural implication should be dealt with, as much as possible, through joint meetings. Given the potential difficulty of dividing urban/suburban and rural issues in some cases, departmental staff and the City Clerk’s Office will endeavour to make use of the upcoming six-month period (from May to October 2006) to establish a routine for distinguishing between these types of issues.
The
proposed amendments that are summarized below have been highlighted in the attached
document for ease of reference:
· Revised Department and Branch titles;
· Transfer of appointments to rural organizations and associations to the Agriculture and Rural Affairs Committee; and
· Updates to the Office of the City Auditor General as a result of By-law 2005-84, enacted by City Council on February 23, 2006.
CONSULTATION
Consultation took place with the City
Solicitor, the Office of the Auditor General, the City Clerk, the Financial
Services Branch, and the Corporate Services Department. As this is an internal,
administrative matter, public consultation was not conducted.
FINANCIAL IMPLICATIONS
There are no financial implications with respect to this report.
SUPPORTING DOCUMENTATION
Document 1- Revised Terms of Reference (amendments in bold and italic font)
DISPOSITION
Upon approval of this report by City Council, the Terms of Reference will become the mandate and governing authority for the Corporate Services and Economic Development Committee and the City Clerk’s office will implement same.
DOCUMENT 1
CORPORATE SERVICES AND
ECONOMIC DEVELOPMENT COMMITTEE
City Council: 26 April 2006
The Corporate Services and Economic
Development Committee is responsible for providing
direction on the administration of the City of Ottawa with a view to
strengthening management and administrative practices, providing policy
guidance to the City of Ottawa on all matters of a financial nature (excluding
budgetary adjustments within existing funding envelopes for departments not
reporting to the Committee) and administrative nature, as well as corporate
strategic planning and policies that have a long-term impact on the
corporation, and developing recommendations on issues relating to
economic/business development in the urban and suburban parts of the City. The Committee is also responsible for oversight
on all audit matters, relating to financial reporting and assurance that an
effective control and governance framework is in place.
Membership of the
Corporate Services and Economic Development Committee shall consist of nine (9)
members of City Council, appointed by the Nominating Committee and approved by
City Council. The Mayor shall be the
Chair of the Corporate Services and Economic Development Committee.
The Corporate Services and Economic
Development Committee shall:
1.
Be
responsible directly to Council for those items emanating from:
a)
the
City Manager’s Office (excepting the Rural Affairs Bureau);
b)
the Office of the City Auditor General;
c)
the Corporate Services
Department;
d) all other Departments in the City
of Ottawa (namely, Community and Protective Services, Public Works and Services, and
Planning and Growth Management, including the Economic Development and
Strategic Projects Branch) for specific matters that fall
within the mandate of this Committee;
e) advisory committees that are
within the area of responsibility of the Corporate Services and Economic
Development Committee; and
f) Hydro Ottawa Holdings Inc and all
subsidiaries.
2. Be
responsible directly to Council for all audit matters and those items emanating
from:
a) the annual
attest (or external) audit of the City’s financial statements; and
b) assurance
reports from the City’s Auditor General.
3. Have responsibility for the review,
consideration and approval of issues relating to elected representatives and
specifically their office and salary budgets and operation.
4. Have responsibility for
energy-related issues emanating from City departments including conservation
and generation (e.g. landfill gas generation and district energy).
5. Provide overall guidance
and direction to the City Manager’s Office (excepting the Rural
Affairs Bureau), Corporate
Services Department, and the Economic Development and
Strategic Projects Branch where applicable.
In addition, the Committee shall provide overall guidance and direction
to the Office of the Auditor General to ensure an effective and
independent internal audit function is maintained at the City.
6. Monitor the associated
activities and implementation of programs and projects of the City
Manager’s Office (excepting the Rural Affairs Bureau); Office of the Auditor General,
Corporate Services Department, and the Economic Development and
Strategic Projects Branch where applicable.
7. Ensure active public
participation by receiving delegations from the public, and holding public
hearings as required by statute and Council.
8. Subsequent to the
approval of the budget, review and approve all operating and capital budget
adjustments that are within the existing funding envelopes of: (i) the City
Manager’s Office (excepting the Rural Affairs Bureau); (ii) the Office of the Auditor General;
(iii) the Corporate Services Department (except for fleet
(fleet growth) and real property (new, renovations, major rehabilitation)
capital projects falling under the responsibility of other standing
committees); and (iv) the Economic Development and Strategic Projects
Branch of the Planning and Growth Management Department.
9. Subsequent to the
approval of the budget, consider, for recommendation to Council, the
identification of all additional funding requirements or budget adjustments,
including reserves, that cannot be accommodated from within a departmental
existing capital or operating budget.
10. Address
issues that affect the entire corporation or issues that are
cross-departmental.
11. Review and recommend to Council revisions
to the Corporate Services and Economic Development Committee Terms of
Reference, as required.
12. Review and recommend to Council matters related to
Advisory Committees under the Standing Committee’s responsibility, such as but
not limited to the Advisory Committee membership, the Terms of Reference,
annual work plans and reporting, and funding requests.
13. Review and recommend to Council the
recommendations submitted by the Commemorative Naming Committee with respect to
commemorative naming of City facilities.
14. Recommend to Council, the City of Ottawa’s
participation in federal or provincial cost-sharing programs or employment
incentive programs for matters within the mandate of the Committee.
The
Corporate Services and Economic Development Committee shall exercise the following
authority:
1. Administration and General
Policy
a)
Have general responsibility for review and recommend
approval to Council of staffing and personnel, budget and expenditure issues of
a corporate nature that are not specific to another standing committee’s
mandate, acquisition and disposal of property, and contracts and tenders;
b)
Identify overlaps and duplications of programs; and
c)
Supervise the implementing of orders of Council and,
to that end, give such direction as may be necessary.
2.
Staffing and Personnel
a)
Upon receipt of advice from the City Manager,
recommend to Council the appointment, dismissal or suspension of any Department Head, including the terms of all related
separation agreements;
b)
Recommend to Council the salaries of all officers
and clerks not governed by the terms of a collective agreement;
c)
Approve the adjustments to the compensation for the City Manager, any Department Head and the
City’s Auditor General in accordance with contractual requirements;
d)
Act as the official bargaining agent of the City of
Ottawa in all negotiations with representatives of City employees, particularly
pertaining to all collective agreements between the City of Ottawa and unions
and associations representing its employees, and make recommendations to
Council. The Committee may delegate its
bargaining and negotiation powers, however, the Committee has the authority to
direct staff on the parameters of the negotiations and no final
agreement resulting from such a delegation shall be binding on the City until
it is approved by Committee and Council;
e)
Recommend to Council any contract extensions or
contract changes for the City Manager, any Department
Head and the City Auditor General;
f)
Recommend to Council the amalgamation, creation and
elimination of departments where it is deemed advisable; and
g)
Examine from time to time all bonds of officials and
recommend to Council any necessary changes.
3. Budget
and Expenditures
a)
Review
and recommend to Council all matters associated with the annual corporate
budget process;
b)
Subsequent
to the approval of the budget, consider, for recommendation to Council, all
operating and capital budget adjustments that are within the existing funding
envelopes for the: (i) the City Manager’s Office (excepting the Rural Affairs Bureau); (ii) the Office of the Auditor General; (iii) the Corporate Services
Department
(except for fleet (fleet growth) and real property (new, renovations, major
rehabilitation) capital projects falling under the responsibility of other
standing committees); and (iv) the Economic Development and Strategic Projects Branch;
c)
Subsequent
to the approval of the budget, consider, for recommendation to Council, the
identification of all additional funding requirements or budget adjustments,
including reserves, that cannot be accommodated from within a departmental
existing capital or operating budget;
d)
Identify,
for Council approval, the source of necessary funds for any expenditure adopted
by Council where such funds have not already been identified; and
e)
Monitor all matters connected with expenditure,
revenue and investment, and recommend such measures to Council as may be deemed
necessary.
4. Office of the Auditor
General
All Committee dealings will comply with By-Law No. 2005-84: A by-law of
the City of Ottawa to establish the position and duties of the Auditor General
of the City of Ottawa and the Corporate Policy on Fraud and Other Similar
Activities.
4.1 Administration and General Policy
a)
Confirm
and assure the independence of the City’s Auditor General and the external
auditor, including a review, if requested, of all additional audit, management
consulting and other fees of the external auditor;
b)
Provide
an open avenue of communication between the City’s Auditor General, the
external auditors and City Council;
c)
Meet
with the City’s Auditor General, the external auditor and the City Manager to
discuss any matters that the Committee or these individuals believe should be
discussed in camera with the Committee;
d)
Act
as a selection committee (or appoint a sub-committee to act as the selection
committee) to interview candidates for the position of City Auditor General;
e)
Recommend
to Council the appointment of the City’s Auditor General and the terms of
employment/contract for the Auditor General, including compensation adjustments
and contract changes; and
f)
Recommend
to City Council the dismissal or suspension of the City Auditor General,
including the terms of any related separation agreement.
4.2 Audit Plan
a)
Recommend that Council
receives the annual Audit Plan and any subsequent adjustments from the Office
of the Auditor General;
b)
Receive all applicable reports of interest to
Council and recommend to Council the acceptance and direct
management action in response to the report
recommendations;
c)
Monitor the performance of the Office of the Auditor
General in carrying out its approved audit plan;
d)
Review reports from the Office of the
Auditor General on status and implementation of audit recommendations for which management action has been directed;
e)
Review the mandate and charter for Audit and ensure
the Office is adequately resourced to carry out the approved audit plan; and
f)
Meet, through the Committee
Chair, on a regular basis with the Auditor General to discuss issues arising
from the administration of the Corporate Policy on Fraud and Other Similar
Irregularities.
5. External Audit
a)
Receive and review the Annual Financial Statements
with management and the external auditors and recommend their approval to
Council;
b)
Review any other matters brought to the Committee’s
attention by the external auditor and determine the appropriate disposition;
c)
Review any changes in accounting principles and
practices followed by the municipality;
d)
Discuss with the external auditor the annual
evaluation of the internal control systems and recommendations for
improvements; and
e)
Recommend the selection of the external auditor and
the audit fees to Council, as required.
6. Corporate Control Framework
a)
Review the City’s control processes and systems to
ensure compliance with those policies, plans, procedures, laws and regulations,
which could have an impact on operations and reports;
b)
Review the mechanisms used to safeguard corporate
assets and, as appropriate, verify the existence of those assets; and
c)
Appraise the economy, efficiency and effectiveness of
programs and resources utilization and determine whether value-for-money is
provided by City programs and projects.
7. Corporate Governance
a)
Review corporate policies relating to compliance
with laws and regulations, ethics, conflict of interest and the investigation
of misconduct and fraud;
b)
Review the clarity and completeness of corporate and
program objectives and performance measures;
and
c)
Ensure information provided to Council is adequate
to support decision-making and provide appropriate and accurate information
regarding performance.
8. Real Property Asset
Management
a)
Consider, report and recommend to Council, when
required, on the acquisition or purchase of lands and buildings required for
any purpose of the City of Ottawa and in accordance with the provision of the
delegation of authority by-law;
b)
Recommend to Council the acquisition of property,
including limited interests therein, such as easements, rights of way,
mortgages, leases and licenses, where the cost of such property exceeds
$500,000;
c)
Approve all expenditures for the acquisition of
lands for the City Forests;
d)
In accordance with the provision of the Disposal
Policy and by-law, authorize the sale or other disposition of land, including
determination of the compensation to be paid therefore, provided that such sale
price does not exceed $500,000 and when Council has declared such land
surplus. Recommend to Council disposals
over $500,000;
e)
Consider and make recommendations to Council on all
matters connected with the sale, maintenance and operation of buildings and
property of the City of Ottawa, inclusive of venture properties such as
the Pine View Golf Course and the Ottawa Municipal Campground Authority; and
f)
In relation to property management, direct the
activities of the Chief Corporate Services Officer in the
maintenance and management of real property.
9. Contracts and Tenders
Recommend to Council
the approval of contracts or purchase orders to such persons and upon such
terms and conditions as are deemed fit in accordance with the provisions of the
purchasing by-law.
10. Legal Services
a)
Receive
briefings on litigious matters involving the City of Ottawa unless the matter
is essentially a planning and development issue in which case the direction
will be given by the Planning and Environment Committee and/or the Agriculture and Rural Affairs
Committee if the land is within a rural area; and
b) Give direction to the City Solicitor on litigation in which the City of Ottawa is a party or potential party unless the matter is essentially a planning and development issue in which case the direction will be given by the Planning and Environment Committee and/or the Agriculture and Rural Affairs Committee if the land is within a rural area.
11. Economic/Business Development
a)
Have general responsibility for economic development
in the urban and suburban areas of the City of Ottawa;
b)
Receive advice from and liaise with The Ottawa
Partnership (TOP), and other agencies such as the Ottawa Tourism and Convention
Authority (OTCA), the Ottawa Centre for Research and Innovation (OCRI), and the
Ottawa Life Science Council (OLSC);
c)
Liaise with other levels of government and the
business community regarding economic development issues; and
d)
Encourage the creation of initiatives supporting the
development of the City’s economic clusters and of the broader business
community.
12. Member Services
The Corporate Services and Economic
Development Committee (or a subcommittee appointed by the Corporate Services and Economic
Development Committee) shall have jurisdiction regarding:
a) The administration of the offices of the
Councillors;
b) Expenditures by Councillors;
c)
Entitlement of Councillors to City facilities and resources for the
performance of their duties; and
d) Personnel matters related to:
i.
the offices of the Councillors, or
ii.
the performance by the Councillors of their duties.
13. Other Miscellaneous Powers
a)
Recommend to Council proposed by-laws that are under
the Committee’s jurisdiction;
b)
Supervise and control all matters relating to the
books, documents, records, vouchers and securities of the City of Ottawa;
c)
Conduct, on behalf of Council, all public meetings
or hearings required by provincial legislation except those meetings or
hearings specifically delegated by Council to other Committees of Council;
d)
Consider, report and recommend to Council on the
creation of public/private partnerships to support the delivery of city
programs;
e)
Recommend to Council all Council appointments to
urban or suburban external committees, boards and commissions that are not
completed through the Nominating Committee of Council;
f)
Recommend
to Council all Council representation on and membership in generic
organizations such as AFMO (Association française des municipalités de
l’Ontario), AMO (Association of Municipalities of Ontario and FCM (Federation
of Canadian Municipalities); and
g)
Approve
Councillors’ travel and attendance at generic conferences such as AFMO, AMO,
FCM and other conferences that do not fall within the mandate of other standing
committees.