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

 

City-wide

Ref N°: ACS2006-CRS-CCB-0023

 

 

SUBJECT:

RURAL SUMMIT - Corporate Services and Economic Development Committee REVISED TERMS OF REFERENCE

 

 

OBJET :

SOMMET RURAL - MANDAT RÉVISÉ du comité des services organisationnels et du développement économique

 

 

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.

 

Summary of Proposed Amendments

 

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

 

Terms of Reference

 

Corporate Services and Economic Development Committee:  4 April 2006

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

 

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.

 

 

GENERAL RESPONSIBILITIES

 

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.

 

 

SPECIFIC RESPONSIBILITIES

 

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.