Management Response to the Report

 

“Road Map: Toward Excellence in the Application

of the City of Ottawa’s Bilingualism Policy

 

Background

 

·          The project was conducted at the request of the French Language Services Advisory Committee of on November 2, 2006, to follow up on the first recommendation of the Bisson study of recreational services (January  2006), which suggested a broader study of the status of bilingualism and French language services in the new City of Ottawa. The objective was to establish perform an initial assessment of French-language services, from May 2001 to December  2007.

·          The study was financed by Canadian Heritage.

·          The process for conducting the study was coordinated by the French Language Services Division (FLSD).

·          The two consultants retained to conduct the study hadve extensive experience in this field.

·          It is important to note that the study coincided with the designation of bilingual positions, a key component of the Policy.

 

Mandate of the researchers

 

Key elements of the researchers’ mandate:

·          Review implementation of the Bilingualism Policy since its adoption in 2001.

·          Review the services that the City offers in French.

·          Make observations and recommendations based on these reviews.

·          Propose a working approach for implementation of section R.1.6 of the Policy, and specifically prepare a plan for improving services provided in French by the City’s five major departments.

 

Methodology proposed by the consultants and accepted by FLSD: review of documentation, interviews and report.

 

Purpose of the study

 

". . . "to help the City set the foundations for an appropriate implementation scheme for its by-law of May 9, 2001, thereby ensuring the achievement of the purpose of the Bilingualism Policy brought into force through this by-law.” (p. 8)

 

 “. . . to scan the important issue of the fundamental equality of Anglophones and Francophones . . .” (page p. 8)

 

 “. . . this study has to draw the road map to equal access to municipal services of equal quality for Anglophones and Francophones that meet their respective needs . . . the road map must focus on achieving equal results, which is to say true equality between Anglophones and Francophones when they are communicating with the City or receiving services from it.” (page p. 9)

 

The report’s three key recommendations

 

Management and staff have reviewed the recommendations and provide the following response.

 

Recommendation 1

 

 “The sustained commitment of municipal leaders, including both elected officials and senior staff, starting at the highest levels, is indispensable; this commitment must be regularly conveyed in clear terms to both the employees and the public, and day-to-day actions must always confirm its authenticity.

 

In this regard, an appropriate long-term internal and external communication plan must be developed, its implementation must be monitored, and the plan must be regularly updated.”

 

Management response:

 

Actions proposed by the City or under way

Since amalgamation of the 12  municipalities, the City of Ottawa has developed and Council has approved annual reports on its French-languages services. The reports describe the progress made by the City each year, as well as upcoming challenges.

 

French Language Services Division (FLSD) will work with Departmental Communications to create internal and external communication plans to promote the new initiatives and offering of services in French.

 

Since amalgamation, improvements have included:

 

·        2001-2002 Report

The Bilingualism Policy, adopted by City Council in May  2001, confirmed the City’s commitment to providing accessible services in French and English, in an equitable manner, to both residents and employees.

 

In order to facilitate implementation of this Policy, and address ongoing issues with respect to the provision of French -language services, the French Language Services Division was created with the following mandate:

o       To eEnsure the long-term availability and quality of services in English and in French.

o       To eEnsure access to services by the public and employees in both languages.

o       To pProvide work tools for employees in languages.

o       To eEnsure quality language training for employees, in co-operation with Human Resources.

o       To cConsult partners and associations on services in both languages.

o       To dDevelop a policy on signage in facilities and for documentation in both languages.

o       To eEnsure quality in the provision and interpretation services.

 

·        2003-2004 Report

o       Creation of the French Language Services Procedures Manual in May  2003, which outlines the standards for staff when communicating with the public or with other City employees and City employees.

o       An important step in the designation of bilingual positions process was the development of new language proficiency levels.

o       An average of 286  municipal employees took part in each session of the second-language training program.

o       Translation Service received 11,000 requests for translations.

o       The Business Assistance Program Supported businesses’ efforts to improve their customer service by making language training, promotional tools and low-cost translation services available to interested businesses.

o       A procedure for resolving French-language service complaints was developed.

 

·        2005-2007 Report

Significant progress was made during this period:

o       In July  2006, Council adopted a catch-up plan that will see the City subsidize a proportional number of French child- care places by the year 2010. This commitment will require an injection of $2.3 million new tax dollars.

o       Parks and Recreation Branch announced the implementation of a new planning and delivery structure for French-language recreation programs. This effort resulted in the publication of the first edition of Mon guide francophone des loisirs, which lists services provided in French by the City and its partners.

o       The City’s Housing Branch and the FLSD participated in the creation of the Coalition pour prévenir l’itinérance chez les francophones d’Ottawa (Coalition for preventing homelessness among fFrancophones in Ottawa).

o       The first ever Mayor of Ottawa’s Rendez-vous francophone, which took place at City Hall in March  2007, provided an opportunity to launch a new website, Raconte-moi Ottawa (Tell mMe aAbout Ottawa) developed by the City in collaboration with several partners, which tells the story of the contribution of Ottawa’s French-speaking community to the history of Ottawa. 

 

The 2005-2007 report acknowledged that the active delivery of French-language services, both to the community at large and to City staff, still presents faces challenges:

o       The number of senior managers taking second-language training to meet the requirements of their position should increasebe greater.

o       French needs to be better integrated into the format of all City events, both those intended for the general public and those for staff.

o       Additional efforts are is required to accelerate the use of French as one of the two languages of municipal administration.

o       The provision of French-language services sometimes lacks focus, which hinders results and discourages demand. The City needs to clearly define the function of actively providing French-language services to the general public and to staff so that departments and employees understand their responsibility in this field. The offer needs to be proactive.

 

Actions undertaken by FLSD in 2005-2007 to meet these challenges:

o        Have all municipal services prepare annual action plans for the delivery of French-language services, supported by evaluation and performance measures.

o       Develop an implementation plan for the Bilingualism Policy.

o       Develop tools, guidelines and procedures for management to promote best practices and improve proactive delivery of French-language services.

o       Encourage municipal services to further recognize their responsibility to proactively offer French-language services to the community and City staff.

o       Underline that the actively offering of French-language services fosters increased demand from the general population and from staff.

o       Work collaboratively with second-line City services on improving French-language services (public health, community funding, services for the homeless and tenants at risk, emergency measures and services to employees).

o       Promote the Bilingualism Policy among all City employees.

o       Seek to encourage a more sustained dialogue between the Francophone community and municipal services.

o       Manage the treatment and resolution of complaints to avoid recurrence and to improve overall services in French.

 

·        2007-2008 Report

o       In 2007, the City increased the number of subsidized spaces providing child care services in French, under a catch‑up plan scheduled to continue until 2009. It is estimated that by the end of 2008 there will be 1,016 such spaces (, or 13.7 per cent per cent % of all spaces subsidized by the City).

o       The number of recreational activities provided by the City in French increased by 22 per cent%, the number of registrations by 18 per cent%, and income from  these registrations by 22 per cent%.

o       Systemic action was taken to increase French-language content at City public events.

o       The Ottawa Public Health initiative of adapting documents translated into French was continued in 2007 and 2008. The purpose of this initiative is to make documents destined for Francophones easier to read.

o       In receiving the 2005‑2007 Report on French Language Services, City Council adopted a motion requiring that each of the five City Departments conform tocomply with section R.1.6 of the Bilingualism Policy by preparing an action plan for improving French-language services. These action plans will be prepared for the first time in 2008.

o       In its 2007 planning exercise, City Council ratified the City’s commitment to offer comparable services in both official languages while continuing to improve “the service culture”.

o       In accordance with its mandate, the French Language Services Division (FLSD) maintained links of co‑operation and exchange of information with the French-speaking community. It also followeds up on complaints from residents and employees about French-language services. In 2007, the FLSD handled 36 complaints.

o       In early 2007, for the first time, the second-language proficiency levels of all senior managers from level 1 to level 3 (City Manager, Ddeputy Ccity Mmanagers, and Ddirectors) were tested. This testing was repeated in early 2008. Progress in second-language proficiency is now an annual evaluation criterion for these senior managers. In 2007, as a condition of hiring, 13 of the 36 senior managers from level 1 to level 3 were required to take second-language training in French.

o       Among other City employees, an average of 241 persons took second-language training during each of the three sessions offered by the City in 2007. Of these employees, 92 per cent% achieved or exceeded their learning objectives, and 90 per cent % stated that they were satisfied or very satisfied with their learning experience.

o       In 2008, although the number of words to be translated decreased, the number of texts translated increased by 8 per cent%. These translated texts included 2.1 million words, the equivalent of 20,500 pages.

o       The agreement between the City and the Department of Canadian Heritage was extended in 2008 for a two‑year period ending on March 31, 2009. This agreement has made it possible to carry out a number of projects aimed at improving French-language services in the National Capital Region.

 

·          The Designation of Bilingual Positions Project was completed, and on September 1, 2008, was replaced with on‑going designation. Following a thorough consultation with all City branches, senior management approved the designation of 3,968 positions, or  (27.6 per cent% of a total of 14,361 City positions).

·          FLSD has hired a consultant to work with the five City departments to facilitate the preparation of sectoral services plans in 2008, with implementation as of January 2009. These plans will raise awareness of the Bilingualism Policy and its scope while fostering the commitment of managers.

 

Recommendation 2

 

 “The proper understanding of the legal framework for "equality of rights and privileges for both linguistic groups" (Bilingualism Policy, section  R.1) is the first step in triggering a process of commitment in this regard.

 

 “This first step must involve a joint review session in which the City Council and the French Language Services Advisory Committee will take part. It must also involve mandatory training - with no exceptions - ordered by the City Manager for all managers.

 

“Answers will have to be provided to the legitimate questions asked by the responsible officials seeking to fully understand the meaning and scope of the Bilingualism Policy. It is important to smooth out any obstacles there might be in their path towards a solid understanding of the concepts and of their practical implications, as well as to the adoption of the underlying fundamental values. This measure will help ensure that the Policy is mastered and that the new mind-set and perceptions become firmly rooted, which will be essential to the required shift and to the excellence sought in terms of the delivery of services to the public.”

 

Echoing this second recommendation, the consultants identifiedy another responsibility of the City : “. . . as an institution, the City of Ottawa . . . must protect the Francophone minority community, reflect its identity, and thereby actively contribute to its preservation and development." (page p. 15)

 

Also in regard to Rrecommendation 2, the consultants stated that the City of Ottawa, as the capital of Canada, has a further responsibility to promote English and French as Canada’s official languages.

 

Management response:

 

The French Language Services Division will work with Departmental Communications to develop a communications plan to inform Council and management of the full meaning and scope of section  R.1 of the Bilingualism Policy, and to identify the support mechanisms needed for implementation.

 

Actions proposed by the City or under way

·          In 2006, the Ontario Superior Court of Justice rendered an opinion on the validity and constitutionality of the City’s Bilingualism Policy: 

“Based on the evidence before me, I find that the Bilingualism Policy has a purpose rationally connected to the workplace and was adopted for a good faith and honest belief that it was necessary for that purpose. The City is using the Policy on a functional and practical basis where it is warranted and justified . . .  The By‑Law No. 2001‑170 is valid. The Policy passed on the same day and incorporated in By‑Law No. 2001‑173 is valid. There is no breach of any Charter right.”

(extracts Excerpts from the judgment rendered on October 3, 2006, by the Honourable J.P.R. Métivier of the Ontario Superior Court of Justice, in the matter of an application by Canadians for Language Fairness against the City of Ottawa, paragraphs para. 102, 103, 135 and 136).

·          The City is active in the Association française des municipalitiésmunicipalités de l’Ontario, where it seeks to share its unique expertise.

·          The City is helping to improve the offer of French-language services, notably in particular by supporting the Business Assistance Program.

·          The City offers services, and funds other services, to help to develop the foster Francophone community development.

·          Clear instructions have been given to strengthen reinforce the linguistic standards governing internal and public events run by the City.

 

Recommendation 3

 

"A thorough understanding of the specific characteristics and needs of the Anglophone and Francophone language communities being served, both of which are becoming increasingly diversified, as well as of their respective territorial distributions, is essential to the informed commitment, effective leadership and administrative involvement that are needed to achieve excellence in internal and external services to the public in English and French.

 

“To this end, the officials in charge of the main municipal services to the public have to develop a strategy for engaging a suitable group of community leaders with recognized skills in the target areas, who will be able to provide advice and guidance. They must join with them in partnerships that can validate the relevance of their definition of the issues at hand to ensure true equality between Anglophones and Francophones in the municipal activities under their responsibility. They will also have to validate the rationale for the strategies they are proposing for achieving this equality throughout the City.  These partners will also be able to provide the officials in charge of services with feedback that will enable them to check whether the established targets are the right ones, whether the target results are being achieved, and whether their outcomes are contributing to a sufficient degree to achieving true equality between Anglophones and Francophones. When implemented with an open‑minded attitude, careful attention and the required degree of professionalism, this kind of guidance will generate tremendous benefits for all interested parties.” (See also pages pp. 35 and 36)

 

Management response:

 

Actions proposed by the City or under way

The equality of the rights of Anglophones and Francophones is a question of law legal issue that the City acknowledges. However, through its a practical approach to implementing its the Bilingualism Policy, the City of Ottawa favours the offer of comparable services to its Anglophone and Francophone citizens, which was recognized by the consultants themselves as the only reasonable course:

"It is unrealistic to think about achieving equality in the use of English and French . . . The reason is quite simple: the number of people using English is proportionally too high compared to those using French for equality to be possible in use throughout the City of Ottawa or within its administration.

 

In practice, in both cases there should be a certain number of areas where French dominates, a much larger number where the equal use of both languages generally prevails and will prevail, and an even larger number of areas where the use of English prevails and will continue to prevail.” (page p. 27)

 

·          The City has completed and will continue the bilingual position designation process.

·          The City has taken unique steps to improve the delivery of French-language services in many areas including child care, public health and recreation. Still to come: housing, community funding, emergency measures, etc.

·           The five City departments are currently preparing annual plans to foster implementation of the Bilingualism Policy, with implementation scheduled for January  2009 and evaluation of progress to date in early 2010. This level of effort across the corporation is an indication of long‑term commitment.

·          Through its many services to the public, the City makes concrete and continuous efforts to promote dialogue between the City and the Francophone community.

·          A number of divisions are looking to establish working groups on French-language services. Already management models exist, notably in the area of public health and recreational activities; these models are based on creating homogeneous teams in charge of planning and carrying out activities in French.

 

Other observations in the report findings

 

(1)  Senior administration is not familiar with the City’s Bilingualism Policy.

 

Actions proposed by the City or under way

·          The designation of bilingual positions means that all branches are becoming more familiar with the Policy and aware of its scope.

·          FLSD is preparing communication/promotion activities.

·          See also Recommendation 1.

 

(2)  The City must develop an Annual Official Languages Plan.

 

Actions proposed by the City or under way

·          With implementation set for January, 2009, plans to enhance French-language services are being prepared by each of the City’s five major departments (section R.1.6 of the Policy). These comprehensive plans will promote awareness and interaction with the Francophone community. The first of these annual plans are to be prepared in 2008, implemented in 2009 and evaluated in 2010.

·          Before they are presented to the French Language Services Advisory Committee and then Council, the plans will need to be discussed with the City Clerk, who is responsible for French-language services. The manner in which the plans will be distributed and communicated will be approved by the City Clerk.

·          Timelines will reflect those proposed by the consultants (see pages pp. 35 and 36).

 

(3)  Since the Ontario Municipal Act does not prohibit legislative bilingualism, the City should, in keeping with its Bilingualism Policy, adopt its by‑laws and meeting minutes in both official languages and amend its French Languages Services Procedures Manual accordingly.

 

Actions proposed by the City or under way

·          These documents are already translated when requested.

·          As of 2008, Council minutes will be translated.

 

(4)  The City must establish a sub-committee of the City Council that will be "in charge of conducting the necessary studies to ensure equal results for Anglophones and Francophones everywhere..

 

Actions proposed by the City or under way

·          This observation is not neither practical, nor pertinentrelevant.

·          The French Language Services Advisory Committee (FLSAC), created by Council in 2001, already has a mandate which that requires it to “. . . provide advice to Ottawa City Council and its Ddepartments, on issues that impact official languages in the City”; to this aimend, the Committee has met on a regular basis since amalgamation with the Mayor and various members of Council since amalgamation.

·          The French Language Services Division, within the City Clerk’s Office, also liaises with the Francophone community.

 

(5)  The City must develop a strategy to change its corporate culture to better reflect the requirements of the Bilingualism Policy.

 

and

 

(6)  "City Council and senior City staff are responsible for creating and maintaining a workplace that respects the equal status of English and French and is conducive to the use of both official languages.". (page p. 24)

 

Actions proposed by the City or under way

·          As stated on page p. 27 of the report:

"It is unrealistic to think about achieving equality in the use of English and French . . . The reason is quite simple: the number of people using English is proportionally too high compared to those using French for equality to be possible in use throughout the City of Ottawa or within its administration.

 

In practice, in both cases there should be a certain number of areas where French dominates, a much larger number where the equal use of both languages generally prevails and will prevail, and an even larger number of areas where the use of English prevails and will continue to prevail.”page 

·          FLSD is planning ways to promote comparable services in English and French.

·          With the practical approach presently being used by the cCity to implement the Bilingualism Policy, the aim is to offer services of comparable quality and accessibility to both linguistic groups.

·          Senior staff are is involved in increasing and improving French language services (e.g.:, leisure and day care services).

·          The City has created specific management units for enhancing services (e.g., the team coordinating French language recreational services, Tthe Franco-Santé work group, and the Francophone Health Services Committee).

 

(7)  The City must develop and implement an appropriate and effective accountability framework under within which it can meet all its obligations under the Bilingualism Policy.

 

Actions proposed by the City or under way

·          Plans to enhance French-language services are being prepared by each of the City’s five major departments (section R.1.6 of the Policy). These comprehensive plans will promote awareness and interaction with the Francophone community, with implementation set for January, 2009,.

 

(8)  The City must review and adjust its policies, programs, mechanisms, procedures and practices to foster equality in English and French language services and to promote the active offer of these services.

 

Actions proposed by the City or under way

·          In order to meet these objectives, the City will continue to use a practical approach in implementing the Bilingualism Policy.

·          The City will promote comparable (rather than equal) services in English and French.

·          Continue to encourage City staff to communicate with residents and employees in the language of their choice (e.g.:, the Employee Services Direction will undertake to communicate with employees in this fashion).

·          Propose ways to enhance the services planning process to include the needs of the Francophone community at from the outset.

·          Make excellence in French-language services a measure of success in all of the City’s initiatives.

 

(9)  The quality of documents published in French by the City is below that of documents in English.

 

Actions proposed by the City or under way

·          For the most part, French translations are at par with their English version.

·          Ensure that all services use the City’s centralised Translation Service to guarantee quality and consistency.

·          Adapt key documents for the general public (e.g.:, public involvement policy ).

·          Have Translation Services revise more documents translated by freelancers to ensure consistency in translation.

·          Develop a mechanism to solicit suggestions and recommendations from the various municipal services that have documents translated.

·          Use a rigorous process for the selection of freelance translators.

·          Complete the installation of two new software programs for Translation Services and use them to their full potential:

o       The Tracking Tool is a routing program that improves the management of translation requests and allows for better turn-around time and reporting.

o       Multi trans is a text bank. It is expected to generate 20 per cent% efficiency savings from the division’s 2008 operating budget of $2,315,000. The efficiencies are generated by the tool’s ability to track duplicate requests and to avoid the unnecessary full translation of documents that in fact only require translation of new or amended materials.

 

(10)  "Employee Services has certainly not displayed leadership in terms of its responsibilities under the Bilingualism Policy." (page p. 22; see also page p. 28)

 

Actions proposed by the City or under way

·          Employee Services have been increasingly responsible for completing the Designation of Bilingual Positions Project.

·          With the support of FLSD, staffing advisors (HRC) are instituting ongoing designation of bilingual positions with hiring managers, in order to continue to meet the staffing requirements set out in the Bilingualism Policy.

·          ES will hold regular working meetings with FLSD to implement ongoing designation and discuss related topics (e.g., language testing and training).

 

(11)  Employees who hold designated bilingual positions and who meet the language requirements of their position should receive a bonus.

 

Management rejects this suggestion.

·          Prior to amalgamation, many former Cities and the Regional Government already successfully offered French language services, as their employees were well aware of the importance of doing so.

·          It has never been the practice at the municipal level to offer bonuses.

·          Currently, at the City, bilingualism is valued as one of the many skills required of employees in designated positions and is not treated differently from other required skill sets.

·          Bonuses are not provided for in the Policy.

·          Clearly the consultants did not understand the substance of the Bilingualism Policy and the means by which it is being implemented.