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2006-07-10_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, July 10, 2006 Common Council Chamber Open Committee of the Whole Meeting Supplemental Agenda Re: 1.1 Vision 2015 Program of Excellence SAINT JOHN Vision 2015 Program of Excellence Agenda SAINT JOHN ■Project Status Report ■Case for Change ■Project Plan • Requirements from Council ■Governance Presentation Vision 2015 Project Status SAINT JOHN ■ Executive Sponsor appointed • Three people assigned to Program • Detailed review of the recommended projects to examine the priority, scope, integration, and project dependencies ■ Identification of which projects we need to address first Vision 2015 ` ;_xr :N\ Project Status SAINT JOHN ■Project Plans prepared and Project Teams established • Detailed review of change leadership methodologies including workshop • Review of community initiatives ■Completion of "Case for Change" Vision 2015 `�_ Case for Change SAINT JOHN ■Why should we implement Vision 2015? Vision 2015 Case for Change SAINT JOHN • To enable a positive future for our community and organization • To increase our accountability and transparency to the public and to other levels of government ■ To demonstrate to other levels of government and the community that we are responsible in managing our resources and we are a good community for investment Vision 2015 F �' Community Focus SAINT JOHN ■Concept of True Growth being embraced by Community Leaders Vision 2015 °`� Vision 2015 SAINT JOHN ■ Vision 2015 Program is key to achieving "True" Growth through: ❑Clear articulation of plan for the future taking into consideration community interests ❑Coordination and Alignment of governance function with program delivery ❑ Clear identification of all programs /services ❑ Service level standards (efficiency and effectiveness) ❑ Benchmarking Vision 2015 Project Plan SAINT JOHN ■Six month change strategy ■Community consultation survey • Cultural assessment ■Project Startup ❑ Service Refinement ❑ Governance ❑ Corporate Plan Vision 2015 ° m ti Project Plan SAINT JOHN Program --Identification- - --------- - - - - -- Service Definition Standards Vision 2015 Metrics Service Profiles Sergi Profiles Initial Focus r - -., W AN I Top -Down Profiling SAINT JOHN Vision 2015 4` Project Approach SAINT )OHN Vision 2015 �' Council Requirements SAINT JOHN • Discussion /Understanding of Role ■Community Priorities ■Community consultation • Governance review Vision 2015 t Y W rl!24 �AM �94 An Example SAINT JOHN Buildinq a Great City - Council's Priori Report Vision 2015 City of Saint John Common Council Meeting Monday, July 10, 2006 Location: Common Council Chamber Open Committee of the Whole 1. Call to Order — 5:00 pm 1.1 Vision 2015 - Program of Excellence 1.2 Presentation - Governance 2. Adjournment City of Saint John Seance du conseil communal Le lundi 10 juillet 2006 Emplacement: Salle du conseil communal Comite plenier 1. Ouverture de la seance: 17h 1.1 Vision 2015: programme d'excellence 1.2 presentation gouvernance 2. Cloture de la reunion 1. July 103 2006 SAINT JOHN His Worship Mayor Norman McFarlane and Members of Common Council Your Worship and Councillors: RE: Vision 2015 — Program of Excellence On Monday evening I will be making a brief presentation to Common Council on the activity that has taken place to date with regards to the Vision 2015 Program. P.O. Box /C.P. 1971 Saint John, NB/N.-B. Canada E2L4L7 www.saintjohn.ca. By way of background I am attaching a copy of a presentation that was delivered to City staff over the past two weeks to update them on the Vision Program. I do not intend to cover all of the same material with Council as my focus on Monday evening will be on activities where Council's input is needed over the next few months. Respectfully submitted, An && P. Beckett C.A. Deputy City Manager Programs & Priorities Explore our past Explorez notre passd Discover your future Decouvrez votre avenir 4 Grand Bay - Westfield • Quispamsis - Rothesay • St. Martins Saint John Vision 2015 Program of Excellence SAINT JOHN Welcome SAINT JOHN • Introduction • Project Communication • Agenda Vision 2015 Agenda SAINT JOHN • Project History • Vision 2015 — Program of Excellence • Project Plan • Discussion • Wrap up Vision 2015 Operational Review SAINT JOHN ■ Initiated by Common Council in February 2005 ■ Engaged Chartwell Inc. to examine the operation of the City of Saint John and its ABC's Vision 2015 2 Reasons for the Review SAINT JOHN • Pressure from groups like the Board of Trade to review and streamline operations ■To examine the relationships and governance of the Agencies, Boards, and Commissions • Validation of City Operations Vision 2015 Operational Review SAINT JOHN • Review spanned a seven month period and involved participation of close to 200 from City and ABC's • Chartwell worked with stakeholders to design, develop, and carry out the review • Project was governed by a Committee of Council which oversaw all aspects of the review Vision 2015 W The Process SAINT JOHN ■ Collaborative process of interviews, workshops, and meetings ■Analysis of material including strategic plans, budgets, and input ■ Profile of the Programs and Services provided to the citizens of Saint John Vision 2015 Chartwel I Observations SAINT JOHN • City organization is very complex • Operating and capital budgets under funded • Systems under stress which could expose the city to risk and service failure ■The City of Saint John needed one Vision Vision 2015 p NY+ 12 FP P Chartwell Observations SAINT JOHN • Vision 2015 adopted by Council • Recognition of importance of community priorities Vision 2015 Recommendations SAINT JOHN • Chartwell recommended a number of initiatives to launch the Program • Vision 2015 Program of Excellence comprised of a series of Projects ■All aspects of our organization impacted by the recommendations Vision 2015 ° 5 6 /_. -_, Recommendations SAINT JOHN Project Purpose Program Initiation This includes project sponsorship, resource allocation, funding, program planning and scheduling, Program and Service Refinement Completion of work previously performed by a Governance consulting firm. A refinement of the programs and services offered by the City based on a modified version of the Governments of Canada Strategic Service Delivery Improvement Reference Model. This work will form the basis for a number of projects Corporate Strategic Plan Development Develop the strategic plans to implement the Vision for the City of Saint John. Service Level Standards Development Many City services do not have service level standards. This project is designed to address this issue and will involve an extensive research and Information Technology Enablement public consultation process. Internal and External Partnership This project will examine ways the City can work Development better with its agencies boards and commissions, other levels of government, and the private sector in the deliver of services. Vision 2015 Recommendations SAINT JOHN Project Purpose Access Saint John A single point of contact for the public when needing to access City services providing a managed response to a caller. Governance Examination of moving to a committee structure of Common Council to support the strategic direction and programs of the City. Service Delivery Improvement Identify and implement opportunities for improvement in services. Competency Based Management Development of a skilled and knowledgeable workforce to address changes in the City organization Public Asset Sustainability Assessment of the state of the City's infrastructure, facilities, fleet, and technology to determine lifecycle, maintenance, and replacement plans. Information Technology Enablement A project to ensure the technology used by the City of Saint John supports current and future business practices. Vision 2015 rrt. Adoption by Council SAINT JOHN • Vision 2015 Program of Excellence adopted by Council in September 2005 • Estimated cost $28 million • Estimated benefit $85 million ■$500,000 allocated to project in 2006 Vision 2015 Vision Committee SAINT JOHN • Committee formed to oversee implementation • Makes recommendations to Council • Made up of elected officials and staff Vision 2015 7 PPlanning Phase SAINT JOHN • Executive Sponsor appointed • Three people assigned to Program • Detailed review of the recommended projects to examine the priority, scope, integration, and project dependencies • Identification of which projects we need to address first Vision 2015 Yom—_.. Complexity SAINT JOHN • Vision 2015 is Transformational Change • Fundamental shift in the way an organization operates and thinks • Most complex form of change • Transformational change requires a culture shift • The end state evolves with the change Vision 2015„ E:3 Complexity SAINT JOHN • Realization that this was much bigger than the recommended projects • Needed more than traditional project management methodology for success • Need to ensure that we are aligned with other community initiatives Vision 2015 Case for Change SAINT JOHN ■ Why should we implement Vision 2015? Vision 2015 X, Case for Change SAINT JOHN • To enable a positive future for our community and organization • To increase our accountability and transparency to the public and to other levels of government • To demonstrate to other levels of government and the community that we are responsible in managing our resources and we are a good community for investment Vision 2015 Case for Change SAINT JOHN • To be capable of responding to the evolving service requirements of our community ■To change the culture of our organization to enable us to move to forward Vision 2015 m, 10 Community Impact SAINT JOHN ■ Concept of True Growth being embraced by Community Leaders �o Gamrrm.r. SUPP Vision 2015 ' Community Impact SAINT JOHN True ...+ Growth Vision 2015 Community has define Needs achieve fulfill Outcomes Vision 11 Vision 2015 SAINT JOHN ■ Vision 2015 Program is key to achieving "True" Growth through: ❑Clear articulation of plan for the future taking into consideration community interests ❑Coordination and Alignment of governance function with program delivery ❑Clear identification of all programs /services ❑Service level standards (efficiency and effectiveness) ❑Benchmarking Vision 2015° Project Plan SAINT JOHN ■ Six month change strategy • Community consultation survey • Cultural assessment • Project Startup • Service Refinement • Governance • Corporate Plan • Detailed Project Plans Vision 2015 12 Organizational Impact SAINT JOHN • Transformational change means you need to pay attention to people, processes, and content • Creation of a detailed Change Strategy • Bold Actions • We need to listen — not just talk Vision 2015 Why is this Program different �� W than past initiatives? SAINT JOHN • Early engagement of Common Council • Recognition and acceptance from Council that their governance role must change ■Alignment with other Community initiatives • Recognition of need to ensure leadership roles in place (political and administrative) Vision 2015 13 Project Plan SAINT JOHN • Clarify case for change • Project impact analysis • Organizational Readiness • Build Leadership Capacity • Identify Critical Success Factors • Internal Communication Strategy Vision 2015 Discussion SAINT JOHN Vision 2015 14 Wrap Up SAINT JOHN • Summary ■Thank you for your time. Vision 2015 15 CITY GOVERNANCE THE COUNCIL COMMITTEE SYSTEM PURPOSE • CHARTWELL CONCEPT • CHOICES • INFORMED DECISIONS • INFORMATION= FOOD FOR THOUGHT - DISCUSSION AND DEBATE - DECISIONS LATER 1 DISCUSSION TOPICS • MODELS • GOVERNANCE PRINCIPLES • GOVERNANCE ROLES - Council - Committees - Councillors - CAO & Staff • DESIRED OUTCOMES • PRACTICALITIES - Structure and Process Faundati a Gwenanre FYaa3cal Matters PnerapYes Riles pnmms Str�nure R�x..0 • [EMOCRATIC f:WEWYANCE CQrNIQVPOR m SIANHNC • A(Y S -NMIM CQrAII11E15 • 1@PI®SFMATM • RQ.Rtl'09IIY • VAMFORMb y • MOO:DIRFS A4ID C • [Nf.L CP LAW M RQECP IIRNO! CUNDTTFES IMIRAMSUi g9iH CWNCdLORS ALIQVMI'.M CAO • SO SPtlV51VP Si1ACQMIIIT!!5 • RWl (P BFTPERDEQIIONS OWHR • ACCOLINIAIDE CHrIIdHTEES NOMRPR ANHCPMTM • MOI@CATI CQNrIIITFIS S gNOMPARTMeMS • ACQ55 ®L! RQY QCfbS[APP PAR[[CR'AHW • MANDATE- RPPOIRPICTO • TRdNSPARFM BETTERSFRVICE N.1(TTD'M CQINC2 COORDP41TIUi • APP�iitMMS WIPPdCIIQ'1 WITH • CLPAA ABC'5 ACWtINfABIL1TY AD:MRlA� • CLRARDMMIM TEP CF OPPICP • EEHCMNT CNAROfANSN@ EM UM I• Ummm Cou !, cammft e o / Candy, chr cepam ,ands endes,f s® ConmIxuxs of Saint John Governance Model of the City of Saint John (Proposed) AUNT IOH K 3 Conlon Coundl, CanmMmsaUVxO, sly nepa nu, am aged , fonds B cornm"m assent John Governance Model of the City of Saint John (Existing) SMNT IOH = . .......... d... �. . �. ............... Ummm Cou !, cammft e o / Candy, chr cepam ,ands endes,f s® ConmIxuxs of Saint John Governance Model of the City of Saint John (Proposed) AUNT IOH K 3 ity HISTORY EST (7y S LEGISLATIVE ENVIRONMENT PRINCIPLES - THE FOUNDATION • REPRESENTATIVE •ACCOUNTABLE • DEMOCRATIC • RULE OF LAW *TRANSPARENT • ACCESSIBLE • RESPONSIVE ;4. 0 ROLES - GOVERNANCE PROCESS • COUNCILLORS • COMMITTEES • COUNCIL • CAO & STAFF ROLE - ELECTED AS POLITICAL REPRESENTATIVES • STATUTORY 36(2.1) - SHALL CONSIDER THE WELFARE AND INTERESTS OF THE ENTIRE COMMUNITY PARTICIPATE IN DEVELOPING AND EVALUATING POLICIES AND PROGRAMS PARTICIPATE IN COUNCIL AND COMMITTEE MEETINGS • POLICY - PROGRAM PLAN** - NEW INITIATIVES - PRIORITIES - SERVICE OBJECTIVES - BUDGET • EVALUATION - PLAN IMPLEMENTATION - PERFORMANCE OBJECTIVES - COMMUNITY ISSUES 5 ROLES = COMMITTEE • STANDING COMMITTEE - REPORTS TO COUNCIL • AD HOC - REPORTS TO COUNCIL • SUB - COMMITTEE - ADVISES STANDING COMMITTEE • Evaluate Consult Recommend Delegated Authority ROLE = COUNCIL ft t J • STATUTE SETS OUT RESPONSIBILITIES • IT IS THE DECISION MAKING BODY • ONLY COUNCIL CAN ADOPT BYLAWS, RESOLUTIONS • RECEIVES RECOMMENDATIONS FROM COMMITTEES AND CAO • ROLE MUST BE RESPECTED - VICE VERSA no ROLES - CAO • LEADERSHIP • COORDINATION • POLICY ADVICE COUNCIL • ANALYSIS • PROVIDES PERSPECTIVE • ACCOUNTABILITY • SUBMITS BUDGET • WORKS WITH COMMUNITY • INITIATES PROGRAMS COMMITTEES - PROS AND CONS • PROS - SPECIALIZE - INTERESTS - CITIZEN INPUT - PUBLIC OPINION - SPEED UP WORK - INFORMAL - PARTICIPATION STAFF - BETTER DECISIONS - ACCOUNTABILITY RESPONSIVE • CONS - BUCK PASSING - DUPLICATION EFFORT - TOO MANY COMMITTEES - FRAGMENTATION - NEGLECT COMMUNITY - INTERFERENCE OPS - STAFF BLOCK CAO - CONFLICT JURISDICTION II DESIRED OUTCOMES - TAX PAYER • EFFICIENCY • EFFECTIVENESS • VALUE FOR MONEY • CITIZEN INPUT • SOUND DECISIONS • STREAMLINED DECISIONS • CLARITY PURPOSE • COMMON PURPOSE • CLOSER SCRUTINY CHOICES & EXPECTATIONS moil • WHAT DO YOU NEED TO MAKE AN INFORMED DECISION? 19 Found tom Gwevreance Rackca[Matlera A nagds Roles LLemms Smecone hommes • �MOCRAEIC CWERNANCE CCAUIdYAR605Q SfANQNC A(2NM5— NOfICL3 cGRmlTRis • RePResemerlvE AdemavN�. v.SLUe POnmdvev PROrnnwcEs • RULE Q'LAW RU.E U' SWfVf6 C fRIDIIfiEE3 INEERACf1IN WITH C(AINCUYOAS ALICNM1SM CAO • I®SPIN9VC 511HCQeNIRi ®3 • ROLES RRiTERDE C140N5 oVPA51CFP • ACOJWYSA®.E CrYAM191TEE3 NIIr1IDER ALRHQiIIYWMS • MORE CRIZEN CdIRHfTEES 9ND DLRARSAIDNIS • ACCQ 55 ®LP AdY Q Gd3fAFP PARfICR'ATIIN • MANDATE- AEPoIHINGTO • TRAN'SPAREM BETTE ALIINMEM C[UNCD. MTIME COOImANrIQV • A}PO[VTMPNf 5 INfEAACfIIN WIIH • CLEAR ARC'3 ACCDllNSARIITfY F MEMBQASFRP CI.EARDR MT . TERM Q QHU • EPPICDMT CHAIRAAN31� ETP mm PRACTICAL = STRUCTURE • DETERMINE # OF COMMITTEES • DETERMINE SPAN OF CONTROL - NEED ALIGNMENT WITH PROGRAMS? - REPORTING OF ABCS - EFFECTIVE OVERSIGHT -CAPACITY • ESTABLISH BUSINESS PLANS AS DRIVERS • RECOGNIZE ADVISORY AUTHORITY x PRACTICAL = COMPOSITION • ELECTED VS NON ELECTED - PRINCIPLES CITIZEN ENGAGEMENT • NUMBER OF MEMBERS - VARIED BUT < 6 • APPOINTMENT PROCESS - WHO /HOW • TERM FIXED VS ROTATION • CHAIRMANSHIP - HOW • ADHOC VS STANDING VS SUB • NON PERFORMANCE - WHAT THEN PRACTICAL = PROCESSES - ACCESSING COMMITTEE - INTERACTION WITH CAO - OVERSIGHT ROLE - DEPTS AND STAFF - PROCEDURES - SUPPORT FROM CLERK - DECISIONS - RECOMMENDATIONS - SPENDING AUTHORITY -COUNCIL - COORDINATION - PLANNING & PRIORITIES 10 PRACTICAL - LEGAL STATUS • MUNICIPALITIES ACT - PERMITTED • CITY GOVERNMENT ACT • BYLAW - PERMITTED • RESOLUTION - TRANSITIONAL RESEARCH = OBJECTIVES • OTHER CITIES - PRACTICE - SAMPLE BYLAWS • EXPERIENCE - POSITIVE AND NEGATIVE • LITERATURE REVIEW - ACADEMIC AND PROFESSIONAL 11 Council — Committee System A Discussion Paper February 2006 OUTLINE Introduction Section 1 - -- Foundation Principles What Governance Principles should apply? Why are the principles important? What is the purpose of Municipal Government? What is governance? What is the role of Council? What is the role of the Councillors? What is the role of a Committee of Council? What is the role of the CAO and of Staff? Section 2 --- Desired Outcomes The need for a common purpose. What does Council expect to achieve? Section 3 - -- Structure What types of Committees are there? How does a Committee function? What are the pros and cons of the Committee system? How are the Committees struck? Section 4 - -- Process How does the Committee process work? How do the ABC's interact with the Committees? Section 5 - -- Next Steps Research Project Team Selection 2 `DEMOCRATIC GOVERNMENT IS MORE THAN A FORM OR ORGANIZATION AND MORE THAN CLEVERLY DESIGNED MACHINERY' R.M. Dawson and W.F. Dawson in Democratic Government in Canada PURPOSE The purpose of this background paper is to assist the 2015 Advisory Committee in developing a sound recommendation to Common Council respecting the introduction of a Council Committee system. The primary goal should be to create a new governance system that meets the needs and interests of the citizens of Saint John. The Committee will have to consider a wide variety of alternatives in formulating its recommendation and it is hoped that the principles, issues and considerations addressed in this document will stimulate discussion and debate and encourage informed decision making that will serve the citizens and the organization well for many years to come. INTRODUCTION The use of a Council- Committee structure in municipal government is commonplace. Its particular form and functioning is as varied as the many municipalities that have implemented this system. An effective Council- Committee system is predicated on absolute clarity as to; the anticipated purpose and expected outcomes of a committee system, the primacy of the Council in the structure, the governance roles of the Council and individual Councillors, how the various participants are to interact with Council and staff, and the decision making and administrative processes that support the structure. More particularly, the adoption of a standing committee system necessitates delineation between the governance role of Council and the administrative role of staff. The roles must complement and support each other and minimize the potential for conflict. It will be evident that implementation of the Council - Committee system will require a series of choices. The practices in other communities can be used only as a point of reference. The design of our Committee system must consider the many issues in a manner that best responds to the needs of the citizens of Saint John. How many committees, what is their mandate, what happens to the ABC's, who makes appointments to the standing committees, what is the role of citizens, what legal mechanisms are used, who selects the Chairperson and what is the role of the committees in the administration of the departments, are but a few of the practical matters to be addressed. These decisions will influence not only the effectiveness of Council and their committees in the new structure but also how their governance role is played out in the public forum and how an array of citizens, interest groups and special purpose boards and commissions interact with their local government. The importance of developing an effective model cannot be understated. 9 Chartwell recommendations The starting point is the model and the concepts presented in the Chartwell Report. Chartwell has recommended that `the City of Saint John consider a Committee of Council structure (7.3.10) that in whole or in part, supports the programs defined as part of the mandate of the City.' It further recommended that all the current committees be disbanded and replaced with eight/nine standing committees of Council and that at least one member of Council be appointed to each of the Committees. The text of the report explains that the Standing Committee structure is intended to improve reporting relationships that the ABC's have with Common Council, thereby increasing transparency. Chartwell (7.3.8) also points to a need for greater clarity to be given to Common Council about the role that it plays vis -a -vis interaction with the City administration, and the role that it plays vis -a -vis governing the City and their affiliated agencies, boards and commissions. An Integrated Principled Approach The development of an effective and productive Council - Committee system will involve consideration of a broad array of issues, alternatives, and practical matters. The choices and decisions that are made will have a direct impact on the functionality and quality of the new committee system. The challenge is to avoid incremental decision making in a quagmire of detail, personal opinion and best intentions. The 2015 Advisory Committee should approach the development of the Committee system in a comprehensive and integrated manner by; • Identifying objective foundation principles that can be used to guide decision making throughout the development process, then • clarifying the purpose of the system from a governance perspective to ensure a common understanding of desired outcomes and relevance to our operating environment, then • setting out the decision making processes that respect both the foundation principles and governance roles that will serve to achieve the intended purpose, and, then • addressing the many structural practicalities that need to be resolved to give the model form and make it workable. Notice that the practicalities are deliberately left to the end of the process. The number of committees, the number of members, the selection of a chairman and the methods of appointment are relevant only after the governance roles and desired outcomes (e.g. program alignment) of the new committees and Committee system are known. 5 SECTION 1 - -- FOUNDATION PRINCIPLES What Governance Principles Should Apply? Local governance in Canada has its roots in Saint John as Canada's first incorporated city. Consideration of basic democratic principles should serve as a secure foundation for the development of the Council - Committee system. The issues and practicalities that must be addressed are complex and interrelated. These principles will serve as an effective touchstone to give objective consideration to assessing the many alternatives that will need to be resolved as part of the development process. Seven generally accepted principles of a democratic governance system are relevant reference points for the transition to a Council- Committee system. •8 Democratic — The governance structure rests on the will of the people and is responsive to their opinions. It implies... a number of vitally important beliefs and traditions which have been woven into the democratic fabric and become inseparable from it. Among these are tolerance and a proper consideration for the opinions of others, freedom of discussion and criticism, freedom of religious beliefs, a respect for law, a regard for the wishes of both the majority and the various minority groups into which the people are divided.' •3 Representative - The principle is that the people act indirectly through others to whom they have delegated authority. `Representatives' are elected to speak and act for groups of voters. Municipal councils are composed of such representatives, elected by the people to act in their name and on their behalf. 2 ❖ Rule of Law - The principle exists to protect the citizen against possible excesses of authority by government officials. It means that the government itself is controlled by the law and must operate according to its terms, and that all acts of government must be based on a law and not on a whim or caprice of the officials who may happen to be in authority.3 ❖ Responsive - [Local government] exists to serve the citizen and to provide him with a better life. It is his government and the satisfaction of his wishes and his needs is the purpose for which it has been created. The government must therefore be constructed in such a form and its relationship to the citizen arranged in such a way that this primary aim can be realized in a vast and varied area.4 ' McGregror, Dawson and McGregor, Democratic Government in Canada, University of Toronto Press, 1971, p.4 2 Ibid p. 5 3 Ibid, p. 12 4 Ibid p.3 Accountable - Refers to the close relationship that exists between elected officials and their constituents at the local level. In fact, it is frequently said that local government is the level of government "closest to the people". It is not enough, however, to be close to the people it is also necessary that local government see itself as answerable to the citizens for its actions or lack thereof.s ❖ Accessible - Generally considers the ability of the public to make their views known to those elected. Ready access is viewed as positive in so far as it strengthens the accountability and responsiveness of the local government body. Procedural matters, notice provisions, time and location of meetings etc. are all aspects of accessibility. As with openness, there is a need to strike a healthy balance between accessibility and protecting the municipality's financial and legal interests and the confidentiality of personal information.6 ❖ Transparent/Open - Commonly recognized as a fundamental element in a democratic system of government. It goes beyond simply determining what matters are placed on the open session agenda at a particular Council meeting or accessing processes that allow citizens to scrutinize the workings of their local government. Openness suggests that citizens should be privy to the facts, the issues, the debate and the vote on all legislative matters before Council. Citizens are then able to access the performance and responsiveness of those elected. Adhering to these principles will serve to guide the Vision 2015 Committee in its deliberations and provide the foundation for a new governance system that acknowledges and respects the central role of citizens in local government. Why are these principles important? The principles are well established and have stood the test of rime. A committee structure that satisfies these principles will not only enable but will also support good governance for the citizens of our community. The new Committee structure and governance processes must also stand yp to careful scrutiny. If the resulting Committee system, ultimately adopted by Council, is perceived to be either in its structure or functioning, less democratic in its approach, less transparent to public scrutiny, less responsive to community needs and concerns, lacking in accountability for its actions or inaction, acting above the law, less accessible to citizens and interest groups and/or ultimately less effective in its outcomes then this new structure will have failed. It is the responsibility of the 2015 Advisory Committee acting with Council to ensure that the end results are truly advantageous for the citizens of Saint John. Reference to the s K. Antofi, J. Novak, Grass Roots Democracy, Local Government in the Maritimes, Henson College, Dalhousie University, Halifax, 1998. p. 155 -7 c Ibid lbid 7 above noted governance principles will provide a means for identi &in and nd ex paining the potential benefits of the new system to citizens, staff and other participants. FIOM x[44 Chartwell states (p 82) that `there needs to be greater clarity given to Common Council about the role it plays vis -a -vis interaction with the City administration, and the role that it plays vis -a -vis governing the City of Saint John, the Committees of Council and the affiliate agencies, board and commissions'. This governance role is exercised through the government structure and is therefore inextricably linked to the move to a Council- Committee system. This section highlights some of the key considerations of the various governance roles and responsibilities. What is the purpose of Municipal Government? A reference to academic literature is in order here. `That reason [municipalities exist] is to provide a mechanism for inhabitants of defined local areas to express debate and resolve local issues and concerns. In other words, municipal governments perform a political role.'8 In brief, that political role includes; • Representing the views of local inhabitants • Choosing between alternative courses of action • Setting priorities for the allocation of scarce resources • Answering for these decisions to the local electorate The authors leave no room for confusion on the primary governance role of the Council and the importance of seeing the service delivery role as secondary to their representative role. `The municipality can be regarded as an extension of the community, as the community governing itself. The service delivery role is subservient to this political role; services are provided in accordance with the needs and wishes of the local inhabitants.'9 What is Governance? The Institute on Governance is a non -profit organization that explores, shares and promotes good governance in Canada. In a recent Policy Brief, it points out that `governance is not synonymous with government. This confusion of terms can have unfortunate consequences. Partly [governance] is about how governments... interact, how they relate to citizens, and how decisions are taken in a complex world. Thus 8 Tindal and Tindal, Local Government in Canada, 4th edition, McGraw Hill Ryerson, 1995, p. 2 -4 9 Ibid 0 governance is a process whereby societies and organizations make their important decisions, determine whom they involve in the process and how they render accounf.10 The authors offer that governance is about `the traditions, institutions and processes that determine how power is exercised, how citizens are given a voice, and how decisions are made on issues of public concern. It An important distinction must be made by the 2015 Advisory Committee between governance and government. The Committee - System is a government structure. Governance should be viewed as the processes at play in the government structure in order to satisfy the needs and concerns of the citizens it serves. ROLES AND RESPONSIBILITIES A municipal government, whether it uses a committee system or not, cannot be effective without a common understanding of the role of each participant and a shared sense of purpose. The Councillors, the Council, the Committees of Council and staff each plays a particular role in this governance system. What is the Role of the Council? Council is a political body in that it must make decisions on the allocation of resources, establish community priorities and legislate on a range of other matters on behalf of the citizens who elected them. George Cuff proposes, that `while a municipality may establish committees and other advisory agencies to examine certain matters, there ought to be little question as to the nn •mace of a council in making the final, formal decision. Council committees represent but one of a series of decision - making processes that enable members of council to fully grasp the issues under review, their policy and budget consequences and their potential impact on the public. The Council meeting is, however, the forum where the decision should be finally considered and either approved or denied or, from time to time, referred back to the administration for additional research on any outstanding questions. The notion that standing committees of council, with less than the full council in attendance, can make final decision on behalf of the body is fraught with problems that need to be discussed before such authority is delegated. Significant policy matters, however, should not be adjudicated by anyone other than the body as a whole.' 12 10 J. Graham, B. Amos, T. Plumptre, Principles of Good Governance for the 21st Century, Institute on Governance, August 2003, p. 1 11 Ibid. 12 G. Cuff, The Use and Abuse of Committees, Municipal World, January 2006, p. 35 -36 W Council is the elected body and it alone has the authority to make decisions, take action, adopt policies and enact bylaws put forward on behalf of the electorate. 13 The Standing Committees play a support role, albeit a significant one, in the decision making process. The 2015 Advisory Committee should understand that given the primacy of the Council, the decision making role of Council must be respected by the Committees just as the jurisdictional mandate of the Committees must be respected by Council if the new system is to function properly. What is the Role of the Councillors? There can be no doubt about the governance role of Councillors in the New Brunswick municipal context. The Municipalities Act 14 speaks directly to this matter. A Councillor of a municipality shall; a) Consider the welfare and interests of the entire municipality when making decisions b) Bring to the attention of council matters that may promote the welfare or interests of the municipality c) Participate in developing and evaluating the policies and programs of the municipality d) Participate in meetings of council, council committees and any other body to which he or she is appointed by council, and e) Perform any other duties conferred upon him or her by this or any other Act or by council Two considerations stand out and are worthy of comment. First each Councillor is obligated to always consider the `welfare and interests of the entire municipality'. This is particularly relevant in a committee system as it precludes considering only the interests of a particular department (fire, police) or only the interests of a particular individual or special interest group (Minor Hockey Association, Board of Trade) when making recommendations. The practical implication is that the Councillor's perspective and that of the 2015 Committee must be that of the best interests of the entire community when making recommendations to Council. Secondly, the legislation obligates Councillors to play a role in `developing and evaluating the policies and programs' of the City. There is a clear separation of the policy making role of the Councillors and the administrative role of the staff. The legislation specifically excludes from the role of Councillors, the day to day 'administration' of individual departments or the City in general. This administrative role rests with the appointed officers and employees of the organization. 13 s 4(3), 9(1), 10.2(2.1) Municipalities Act, RSNB, c M -22 14 s 36(2.1) Municipalities Act, RSNB 1992, c. M -22 10 What is the Role of a Committee of Council? The Council, as a democratically elected body, speaks for the community. A committee is merely a creation of the Council. It exists only because Council wants it to exist and it has only those powers and authority that Council can expressly delegate to it. In effect, it becomes an extension of the Council. In a standing committee system, the Committee becomes not only the eyes and ears of the Council on certain prescribed matters but also the voice of the Council. It does not however, have the policy, bylaw or decision making authority of the Council. Acting on behalf of Council, essentially its purpose is to consult with citizens, the CAO, departmental staff, interested groups and to make recommendations to the Council. It is the Council that makes the decision to accept/reject/modify the recommendations or to return them for further consideration. A Standing Committee also exercises an oversight role over one or more program/service areas on behalf of Council. Note that it is an oversight role and not an administrative role. The committee fulfills this role by ensuring its `program plan' is being implemented as intended, determining if established performance objectives are being realized by the departments /ABC's, making sure that community issues are being properly considered and making recommendations to the Council. It also plays a key policy development role in that it `recommends to Council' the critical program plan, new initiatives, service and program priorities, budget allocations, service objectives, and new or amended policies. What is the role of the CAO and of Staff? A move to a Council- Committee system from a pure Council- Manager system necessitates a refinement of the roles and responsibilities for the CAO. This is fundamental for both the Council and the CAO if the working relationship is to be productive and expectations are to be achieved. In general, the CAO is appointed by a Council and is responsible for - the overall administration of the City, to provide policy advice to Council and to see to the implementation of the decisions of Council in an efficient and effective manner. These responsibilities are reflective of the statutory delineation of the `policy' role of elected representatives and the `administrative' role of staff. The reality is that the CAO and the Council interact on an ongoing basis and the clear separation of the policy and administrative roles is difficult to define in practice. For example, the CAO may initiate a new policy for Council's consideration and Council relies regularly on the advice of the CAO when formulating policy. 11 A brief summary of the key roles of the CAO as drawn from the literature and practice is in order at this point, namely to; ➢ Provide leadership and coordination at the staff level ➢ Provide expanded research and analysis capability ➢ Offer comprehensive advice and recommendations ➢ Ensure accountability and responsibility for the administration ➢ Administer the programs and direct/coordinate the staff ➢ Coordinate the advice and recommendations by staff ➢ Place recommendations in broader perspective of city's needs as a whole ➢ Act as a policy advisor to Council ➢ Prepare and submit the annual budgets ➢ Make recommendations as deemed advisable Planning and coordinating the work of the administration and ensuring accountability for results is no less important in a Council- Committee system. The question is how to ensure that the CAO is able to effectively fulfill this mandate in the new system. The 2015 Advisory Committee must give detailed and explicit consideration to the leadership /advisory /coordination /accountability role of the CAO in the new Council - Committee structure. Consultation with other jurisdictions could be beneficial in this regard. SECTON 2 - -- DESIRED OUTCOMES The need for a Common Purpose Decisions about the allocation of economic resources during budget deliberations, establishing development priorities, supporting bylaw enforcement activities, resolution of zoning and land use issues, adoption of staff policy recommendations and considering the many trade -offs involved in each of these matters are made by Council on an ongoing basis. These day to day decisions of the Council have a direct effect not only on the quality of life in the community and but also on the vibrancy, economic health, and character of the community in the long -term. These issues are also dealt with at the administrative level by departments, City mandated Boards and Commissions and a variety of agencies through which City representatives participate either directly or indirectly. Chartwell considered the challenges of the current model extensively in its report and proposed that a Council - Committee system would help to disentangle the somewhat fragmented system currently in place. The 2015 Advisory Committee should recognize that shared understanding of roles and responsibilities in a new committee system will do little if there is not also a common desire for specific outcomes that will benefit the `welfare and interests' of the residents of the community. 12 What does the Council expect to achieve? The question here is not what the system will look like or what the roles of the various players will be but more fundamentally how citizens will benefit with adoption of a new Council— committee system. The move to a committee system should seek to achieve more than just a new reporting structure. Simply put, how will Council's governance role improve and how will the citizens of Saint John benefit from the new structure? The outcomes presented below are intended to help trigger more debate by the 2015 Advisory Committee and are based on the discussions to date and the general themes in the Chartwell report. They are not intended to be exhaustive nor exclusive; ➢ Increased efficiency and effectiveness in operations ➢ Ensuring citizens realize real value for their money ➢ Enhanced citizen input in the decision making process ➢ Better decision making at the Council table ➢ More thorough consideration of community issues ➢ Clarity of purpose and a common sense of purpose ➢ Improved accountability /transparency for decisions ➢ Closer scrutiny of the policy matters put before Council ➢ Increased responsiveness to citizen needs and concerns ➢ Allowing Councillors to exercise leadership in their field of interest/expertise ➢ Better alignment of services with the goals of the organization ➢ Improved coordination of service delivery ➢ Minimize fragmentation of functional silos The 2015 Advisory Committee must give explicid consideration to the desired outcomes as these will eventually serve as the performance measures to determine whether or not the new committee system has achieved its intended purpose or if modifications are in order. PRACTICAL CONSIDERATIONS With an understanding of the guiding principles, clarity about the roles and responsibilities of the various participants and a common sense of purpose, the focus must now turn to the actual committee structure and the processes that make it work. SECTION 3 - -- STRUCTURE What types of Committees are there? Standing committees are constituted to perform a continuing function, and remain in existence permanently. A standing committee must be constituted by name, by a specific 13 provision of the bylaws, or by a resolution of Council. A standing committee reports to the Council and not to an executive committee. 15 A special or ad hoc committee is a committee appointed as the need arises, to carry out a specified task, at the completion of which — that is on presentation of its final report to the Council it automatically ceases to exist. A special committee may not be appointed to perform a task that falls within the assigned function of an existing standing committee. 16 Note that both Standing Committees and Ad -hoc Committees are created by the Council, exercise their mandate on behalf of the Council and report directly to the Council. Standing committees can also delegate certain tasks or undertakings to Sub - committees. In this respect, they are created by the Standing Committee and report to the Standing Committee. Unless advisory in nature, the sub - committee would cease to exist upon submission of its report or findings to the Standing Committee. The use of Special or Ad -hoc committees and Sub - committees allows for extensive citizen involvement in the development of policies and programs without diminishing the representative role of an elected Councillor and the need for public accountability. The fundamental question to be resolved by the 2015 Advisory Committee is the number of Standing Committees to be created and the specific mandate or span of control of each. The use of Special, Ad -hoc or Sub - committees can be addressed in due course once the Standing Committees have been established. How does a Committee Function? Committees meet in public on a regular basis to consider matters presented by staff or referred by Council. The operation of the committee is less restrictive from a procedural perspective and encourages debate and discussion on the various matters put before it. Cuff summarizes the operation as follows. `The Committees consult with department officials, citizens and interested parties and report their findings and recommendations to the Council for action. Their role is to initiate policy as they cannot act except with the approval of the Council as a whole. The number of standing committees varies... and may range from three to eight with six or seven being an average number. In this system, the Mayor, who is elected at large, serves as an ex officio member of each Committee. The result is that each councilor usually serves on two or three committees at one time.' 17 The recommendations of the Committee are presented to the Council for debate and adoption. The Council is not bound by the recommendations but should expect that the committee has exercised due diligence in its deliberations. 15 Rules of Order, 10th Edition, Perseus Publishing, October 2000, p 474 16 rbid 17 G. Cuff, The Use and Abuse of Committees, Municipal World, January 2006, p. 35 -36 IZA I Cuff offers that `issues at the committee level should preferably be viewed in the context of "a decision in process" and thus open to probing for the best mix of policy options, while reserving the prerogative of redesigning the final report that will be presented to council.' 18 The 2015 Advisory Committee must give full consideration to the mandate of the standing committees, the extent of their delegated authority, citizen participation in the decision making process and coordination and integration of departmental programs and the mandates of the ABC's as part of the development of the new system. What are the advantages and disadvantages of the Council- Committee system? The academic literature draws from the extensive application of the Council - Committee system in practice. Tindal and Tindal, in their text on local government, provide a straight forward summary of the main advantages and disadvantages. 19 Pros - advantageous because • Speeds up work in Council as Committee can sift through the details and make a positive recommendation • Allows councilors to specialize in the fields of administration under their jurisdiction, rather than attempt to be knowledgeable in all fields • Informal committee atmosphere encourages more give and take in debate • Facilitates participation by municipal officials • Better opportunity for interested groups and citizens to be heard • Referral to a Committee gives an opportunity for public opinion a chance to develop and be heard and avoids precipitous action • Establishes clear lines of authority and accountability Cons — disadvantages • Referrals from council to committee and back can result in slow decision making and buck passing • If discussion is duplicated in Council chamber time is wasted and value of committee scrutiny is lost • Too many committees and councilors time is overburdened • Creation of standing committees where volume of work is not warranted • No terms of reference, no regular meeting schedule, no systematic reporting procedure 18 G. Cuff, The Use and Abuse of Committees, Municipal World, January 2006, p. 35 -36 19 Tindal and Tindal, Local Government in Canada, 4th edition, McGraw Hill Ryerson, 1995, p. 160 -161 15 • Tends to reinforce departmentalization in municipal organization and contribute to fragmentation because committee members put the interests of their departments first • Risk if committees simply reflect municipal departments. If the departments grew without sufficient forethought and if this structure is poorly organized for coordination etc then what can you expect from a committee system similarly designed • Members become overly preoccupied with matters of administrative detail and internal management • Neglect broader consideration of community needs p 169 • Department heads can use committee to block CAO initiatives p178 • Jurisdictional confusion/conflict when issues straddle several committees (location of a road or pipeline) The many potential disadvantages described above may rightly give cause for concern. The challenge for the 2015 Advisory Committee is to structure the committee system to achieve the real advantages and avoid or minimize the potential for the problems to arise. The system however, will never compensate for a Councillor that chooses to operate outside the established structure or a Committee or a Council that allows this to happen. How are the Committees struck? Council creates the Standing Committees by bylaw or resolution. The 2015 Advisory Committee will as part of its deliberations have to give advice to Council on a number of practical matters related to the creation of the standing committees. These include but are not limited to; • Number of Committees — alignment programs and ABC's • Mandate — authority and span of control of each committee • Extent of delegated authority to each committee • Participation of elected vs non - elected members • Number of members on each committee • Terms of office of each member • Selection of a Chairperson • The appointment process — who decides • Determining the legal provisions required — bylaw, statutory • Establishing the administrative process to support the Committee system • Non - performance — what then A key driver in the determination of these factors will be the alignment of the various programs with the Committee system. The Chartwell concept should be used as a starting point but more analysis will be necessary to develop an effective structure. For example the number of standing committees in the Chartwell model is onerous and risks creating a more fragmented operation rather than a fully integrated and coordinated organization. S7 SECTION 4 - -- PROCESS How does the Committee process work? Key in the development of the Council- Committee system is the need to establish timely and effective processes to support the deliberations of the Committees. The way the Committee operates, how it interacts with Council and how it interacts with staff on an ongoing basis are fundamental aspects to be determined. Some of the more practical issues to be addressed include; ➢ How do business matters appear on a committee agenda? By Council referral, staff submission, CAO report, citizen request, Councillor initiative, all of the above? ➢ How does the CAO interact with the Committee? o Attends all committee meetings? o Approves /Comments on all staff reports? ➢ Can a Committee give direction to a staff member or only the CAO? ➢ What staff support will be required for minutes, agenda preparation etc.? ➢ How often and where do the Committees meet? ➢ What are the public notice requirements? ➢ How are jurisdictional conflicts resolved between committees? ➢ What authority, if any, do they have to authorize expenditures or change budget allocations? ➢ What type of information is submitted by the Committee to Council? The goal of the Vision 2015 Committee is to recommend processes that meet the information /decision needs of the Committees, provide clarity and certainty to the CAO, staff, public and Councillors, encourage effective decision making (at Committee and Council level) and minimize the possibility of confusion and conflict. The processes should also encourage public participation and input at the Committee level. How do the Committees Interact with the ABC's? An equally important issue to resolve will be the question of how the existing Boards and Commissions interact with the Committees. There is an opportunity to clarify the reporting roles, improve overall accountability for various municipal activities currently under the jurisdiction of independent Commissions (transit, parking etc) and to provide consistent/coordinated direction regarding policies and priorities of the City with the implementation of the program plans. The nature of the reporting structure and the working relationships will have to be considered in light of the particular mandate (statutory etc.) of each ABC and the number of standing committees that are determined to be appropriate. 17 Clarity as to the purpose of the new Committee structure will be necessary in order to effectively communicate the merits of the new reporting relationship, and ensure the active participation of the representatives of the various ABC's. The 2015 Advisory Committee should recognize from the outset that the transition to this new reporting relationship will not only take time but will also necessitate a change in mindset at the Board and Commission level. Reference by the 2015 Advisory Committee to the identified principles, best practices and clarity as to purpose and desired outcomes will allow for timely and effective disposition of these practicalities. CONCLUSION A well developed Council - Committee system offers the potential of increasing the accountability, responsiveness and accessibility of Common Council to the citizens of Saint John. It also offers the advantages of improved governance through better decision making at the Council level and better coordination and integration of programs and services at the operational level. The challenge is to develop processes and structures at the Committee level that are founded on sound principles of local governance and are designed to achieve clearly specified outcomes. Local government exists to serve its citizens. The outcome should be a Council- Committee system that better responds to the needs and interests of the citizens of Saint John. m SECTION 5 - -- NEXT STEPS Research • Bylaws — research committee structures in other jurisdictions • Legislative Review — City Government Act etc • Review practice in other Municipalities — interviews, visits • Closer Consideration and Refinement of the Chartwell Model — particularly the number of committees and the alignment with programs and ABC's • Invite a CAO /Mayor for a roundtable discussion with the 2015 Advisory Committee 19 The development team must bring together a combination of knowledge, hands on experience, research capability, legal expertise and varied perspectives in order to develop sound recommendations for the 2015 Advisory Committee. Following membership is proposed. • Elizabeth Gormley — role, practical application, experience • Brian Malone— experience, knowledge, interest • Mark Gillan - hands on perspective /interaction (dept with heavy investment, HR, community profile) • John Nugent — legal research, development, role • Greg Yeomans — perspective /interaction (lead dept during budget deliberations, interacts with all other departments, key issues for Council) • Kim Graham — resource — coordination with program/service alignment 20 BIBLIOGRAPHY J. Carver, Toward a Greater Relationship Between the Public and Its Representatives, Public Management Review, Volume 3, Issue 1, March 2001 G. Cuff, The Use and Abuse of Committees, Municipal World, January 2006 McGregor, Dawson and McGregor, Democratic Government in Canada, University of Toronto Press, 1971 J. Graham, B. Amos, T. Plumptre, Principles of Good Governance for the 21 s` Century, Institute on Governance, 2003 Report of the Municipalities Act Review Panel, Province of New Brunswick, Sept. 1999 Rules of Order, 10'h Edition, Perseus Publishing, October 2000 T. J. Plunkett, The Financial Structure and Decision Making Process of Canadian Municipal Government, CMHC, Ottawa, 1972 Tindal and Tindal, Local Government in Canada, 4a' edition, McGraw Hill Ryerson, 1995 Municipalities Act, RSNB, c -M22 M. McAllister, Governing Ourselves, The Politics of Canadian Communities, UBC Press, 2004 J. Graham, B. Amos, T. Plumptre, Principles of Good Governance for the 21 s` Century, Institute on Governance, August 2003 K. Antoft, J. Novak, Grass Roots Democracy, Local Government in the Maritimes, Henson College, Dalhousie University, Halifax, 1998. 21 Foundation Governance Practical Matters Principles Roles Outcomes Structure Processes • DEMOCRATIC • GOVERNANCE • COMMON PURPOSE • STANDING • AGENDAS —NOTICES COMMITTEES • REPRESENTATIVE • ROLE OF COUNCIL ■ VALUE FOR MONEY • PROCEDURES ■ AD -HOC • RULE OF LAW ■ ROLE OF ■ SERVICE COMMITTEES ■ DECISION MAKING COUNCILLORS ALIGNMENT • RESPONSIVE • SUB - COMMITTEES ■ PUBLIC • ROLE OF • BETTER DECISIONS PARTICIPATION • ACCOUNTABLE COMMITTEES • NUMBER ■ MORE CITIZEN COMMITTEES ■ INTERACTION WITH • ACCESSIBLE ■ ROLE OF CAO /STAFF PARTICIPATION CAO • MANDATE — • TRANSPARENT • BETTER SERVICE ALIGNMENT • OVERSIGHT COORDINATION AUTHORITY — STAFF • APPOINTMENTS AND DEPARTMENTS ■ CLEAR ACCOUNTABILITY ■ MEMBERSHIP ■ REPORTING TO COUNCIL • CLEAR DIRECTION ■ TERM OF OFFICE ■ INTERACTION WITH • EFFICIENT • CHAIRMANSHIP ABC'S EFFECTIVE