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CLERK-009 - Policy Instruments Framework_2016TABLE OF CONTENTS SAINTIOo Title: Policy Instruments Framework Subject: Writing, Issuing, Maintaining Policy Category: Policy Instruments Framework No.: COS-CC-009 M&C Report No.: 2016-206 Effective Date: August 8, 2016 Next Review Date: (3 years) Area(s) this framework applies to: Common Council and Office responsible for review of the framework: all staff Corporate Services Related Instruments: Sponsors: Neil Jacobsen, Deputy City Manager Jonathan Taylor, Common Clerk Document Pages: This document consists of 15 pages. Revision History: Date Created: Common Council Approval Date: Contact: July 28, 2016 August 8t", 2016 City Manager TABLE OF CONTENTS 1. PURPOSE STATEMENT ----------------------------------------'Z 2. SCOPE .................................................................................................................................................... 3 g. FRAMEWORK STRUCTURE --------------------------------------.4 POLICY STATEMENT ------------------------------------------4 POLICY................................................................................................................................................... 4 {DIRECTIVES ............................................................................................................................................ S STANDARDS .----------------------------------------------S PROCEDURES........................................................................................................................................ 5 GUIDELINES........................................................................................................................................... S BEST PRACTICES I ANDBOOKS ------------------------------------- 4L LEGISLATION AND STANDARDS -----------------------------------'S 5. ROLES AND RESPONSIBILITIES ------------------------------------.6 6. MONITOR AND REVIEW ---------------------------------------'6 7. IMPLEMENTATION ------------------------------------------.6 8. AUTHORIZATION -------------------------------------------.6 §L RESOURCES ........................................................................................................................................... 6 10. PROCEDURES ---------------------------------------------7 11. GLOSSARY ----------------------------------------------'7 12.� .----------------------------------------------'7 13. APPENDICIES ---------------------------------------------'' APPENDIX " " Error! Bookmark not defined. POLICY TEMPLATE ----------------------------'Error!BookmarknotdeOned. APPENDIX " " Error! Bookmark not defined. PROCEDURE - POLICY DEVELOPMENT PROCESS ------------- Error!BookmarknotdeOned. APPENDIX " " Error! Bookmark not defined. GLOSSARY ................................................................................................... Error! Bookmark not defined. APPENDIX " " Error! Bookmark not defined. 1. PURPOSE STATEMENT Formal Statement that provides context and broad guidance with respect to policy themes or clusters. Also provides the supporting structure within which specific City policy and other instruments can be understood in strategic terms. 2. SCOPE Policies are the tools used by the City Manager to achieve the mandates of Council expressed by resolution in a Policy Statement. A wide array of policy is available to achieve Council objectives which in turn influences The City's long- term well-being and achieves a better quality of life for everyone. The scope of The City's policy covers a range of municipal or program -related functions. The headings under which most policy instruments have been grouped reflect how the scope of municipal activities has evolved, changes in management practice, and increasing expectations of the public. The City adapts its policies to the priorities of Common Council and to the strategic directions of Advance SJ. Most policy instruments fall under one of these functional headings, consistent with the City's Service Alignment: 1. Growth and Community Development 2. Protective Services 3. Transportation and Environment Services 4. Saint John Water 5. Finance and Administration 6. Corporate Services The development of this substantial range of policy instruments raises important design questions. What criteria should be used in choosing among the instruments? The City has adopted with minor modification, the standard developed by the Treasury Board, referred to as The Foundation Framework. The Framework provides flexibility in selecting policy instruments from the diagram below appropriate to the task at hand (Pyramid View). icy Statement Directives Guidelines Pyramid View - Framework of Policy Instruments Frameworks contain clusters of policy instruments relating to a theme. The instruments of the Framework can be selected and used as the ingredients to help distill the best solution for achieving objectives. 3. FRAMEWORK STRUCTURE POLICY STATEMENT A Policy Statement is a high level strategic statement that dictates what position the organization has taken on specific issues. Policy statements are created by resolution of Common Council. Policy Statements are referred to the City Manager to enact through Policy Instruments. POLICY Policy is a tool for strengthening and championing our culture. The strong ethical foundation of our policies influences the perceptions of employees, shapes behaviour, and sends a powerful message externally that Saint John is a Community of Choice and that The City of Saint John is an Employer of Choice. Policy documents provide a distinct path of action that clarifies and elaborates the intent of Council's Policy Statement, describes more fully the nature of the organizational change contemplated, and give direction to the organization. Policy has three key elements: a problem definition, goals to be achieved and the policy instruments to address the problem and achieve the goals. DIRECTIVES Directives provide specific direction to the organization and derive their authority from Policy Statements. A directive is a statement that has been approved by the City Manager, focuses on the internal workings of the City, and primarily impacts city employees and contractors. STANDARDS Standards are requirements that support individual policies and directives and dictate uniform ways of operating. WorkSafe NB defines standards as 'desired and achievable levels of performance against which actual performance can be measured'. Standards can be viewed as an acceptable benchmark with reference to any task or activity, and can be either qualitative or quantitative in nature. PROCEDURES Procedures, also known as standard operating procedures (SOPS) are detailed step-by-step, task -level descriptions of actions required to help implement a policy. The procedure answers the "how" question and is generally used in an operating environment. Procedures provide the vehicles for implementing policies. 141119711111111111►10 Guidelines represent recommended actions, general approaches and operational behaviors. BEST PRACTICES / HANDBOOKS A best practice is a technique or methodology that, through experience and research, has proven to reliably lead to a desired result. A handbook is a complete and detailed work on a particular topic for practitioners, structured for quick reference and often as a supplement to a text book. The term is commonly interchanged with manual. 4. LEGISLATION AND STANDARDS The City must not exceed its policy making authority as determined by the Municipalities Act. The Treasury Board Standard Framework for Assessing, Selecting and Implementing Instruments for Government Action is to be followed. 5. ROLES AND RESPONSIBILITIES Common Council approves Policy Statements by way of resolution. The City Manager operationalizes the Policy Statement by selecting the appropriate Policy Instrument. A Member of Common Council may identify a policy issue and initiate the creation of a new policy or changes in an existing policy by submitting to the Council Agenda. A Commissioner may identify a policy issue and initiate the creation of a new policy or changes in an existing policy using a Report to Mayor and Council (M&C). There will be a designated "Sponsor" for every policy, i.e., a senior administrator with overall responsibility for the development of policy content, and its periodic review. There will be a designated "Responsible Unit" for every related procedure, which is responsible for administration oversight. To promote Open Government and Open Information the Clerk will maintain and publish all policies in The City's Electronic Records Management System (ERMS), Laserfiche, for Council, staff and public access. 1c....1122UCY 2g� cd...iln the Lasei fuck L II..!I. cUury„au us the off ucuavcurv.un and theu a u� �.u�� MI... ..” x xirv�uu hn e La s..L".pry .! c IIS.. ".......IL.!�LL.....L.!LI .II:.a.Iry, E. MONITOR AND REVIEW Policy instruments will be reviewed every 3 years. 7. IMPLEMENTATION Council Policy Statements will be referred to the City Manager by resolution of Council. The City Manager is directed by resolution to develop and implement the appropriate policy instrument. S. AUTHORIZATION Policy Statements are authorized by Common Council. The City Manager is authorized by Policy Statement to develop policy instruments. 9. RESOURCES City staff should be collaborative and consultative when drafting policy instruments. External review and validation should be a part of the policy development process. 10. PROCEDURES It is recognized that the creation and implementation of effective policy is very challenging and complex. The process involves gathering evidence and data, undertaking financial and policy analysis, building a business case to convince council and the community and building a network of support. To help with this complex task, a recommended policy development mechanism is required. A policy development process is outlined in Appendix "B". 11. GLOSSARY For an explanation of terms please see attached Appendix "C 12. INQUIRIES For more information on the Framework, please contact the City Manager. 13. APPENDICES Appendix A Standard - Policy Template Appendix B Procedure - Policy Development Process Appendix C Glossary Appendix D References APPENDIX "A" POLICY TEMPLATE A standard policy template ensures clarity and consistency. Although not all policies will contain all of the template elements, City policies will be written and maintained following the format described in the Sample Template below. All elements and sections in the template are mandatory. To access to the Template in e -City use the following link: (link to be provided) 1. Policy Statement: A clear and unambiguous statement of the commitment of the organization to the values and course of action that the Policy serves, i.e. the nature of the organizational change intended. 2. Scope: Defines constraints in terms of the subject matter contained in policy as well as the extent of organizational application and influence in terms of service areas and workforces affected. 3. Legislation and Standards: Specifies the restraints and requirements to be achieved in a Policy document. 4. Roles and Responsibilities: Describes the role of staff at all levels to ensure successful implementation of Policy. 5. Monitor and Review: Specifies the control process by which Policies are kept current and valid. 6. Implementation: The process to apply Policy throughout the organization. 7. Authorization: Policy is authorized by resolution of Common Council. 8. Resources: The human, informational, financial and material resources required to develop and implement policy. 9. Procedures: Step by step instructions required to carry out policy. 10. Glossary: Clarification of terminology used in Policy. 11. Inquiries: Service Area, sponsor or individual responsible for the Policy. 12. Appendices: Supporting templates, documents and tools designed to promote standardization and corporate branding. Title: Subject: Category: Policy No.: M&C Report No.: Effective Date: Next Review Date: (3 years) Area(s) this policy applies to: Office Responsible for review of this Policy: Related Instruments: Policy Sponsor: Document Pages: This document consists of XX pages. Revision History: Common Clerk's Annotation for Official Record I certify that the —Insert Title-Policy Statement was adopted by resolution of Common Council on Month-Day-Year. I certify that the —Insert Title -Policy was approved by the City Manager on Month-day-Year Common Clerk Date Contact: Telephone: Email: TABLE OF CONTENTS 1. PO LI CY STATE M E NT .....................................................................................................................P 2. SCOPE........................................................................................................................................... P 3. LEGISLATION AND STANDARDS................................................................................................... P 4. ROLES AND RESPONSIBILITIES..................................................................................................... P 5. MONITOR AND REVIEW............................................................................................................... P 6. IMPLEMENTATION....................................................................................................................... P 7. AUTHORIZATION.......................................................................................................................... P 8. RESOURCES.................................................................................................................................. P 9. PROCEDURES................................................................................................................................ P 10. GLOSSARY................................................................................................................................... P 11. INQUIRIES...................................................................................................................................P 12. APPENDICIES............................................................................................................................................P m City of Saint John Policy Instruments Framework APPENDIX "B" PROCEDURE - POLICY DEVELOPMENT PROCESS The policy development process is presented below (adapted from The Treasury Board Framework for Assessing, Selecting and Implementing Instruments for Government Action). The process is to be assessed for relevance for each policy development project. Deviations from the process must be documented. This should result in better policy advice that is both credible and reliable. 1. A Policy Statement may be submitted for consideration as follows: • A Member of Council submits the Policy Statement to the Council Agenda process. • A Commissioner submits the Policy Statement to the City Manager in a Council Report. • A Commissioner may submit for Council's consideration multiple related Policy Statements in a Service Area Policy Framework. • Council may by resolution adopt a Policy Statement or Statements and refer the Policy development process to the City Manager. • If the City Manager is referred a Policy Statement(s) for development he/she will assign a policy Sponsor. 2. For Policies affecting external stakeholders ie. the public, community organizations, etc. the policy Sponsor the following process is recommended: • Collaborates with the Council / Board / Senior Leadership Team, the City's business units, and the public to refine a policy approach using: o Workshops with staff and Council o Public focus groups, including stakeholders o Discussion with local governments, to consider standardization of definitions, wording and procedures 3. The Policy Sponsor assembles relevant enabling legislation and regulations as follows: • Check for the most recent versions • Review what is enabled and the limits to the local government authority • Seek legal interpretation of legislation and court decisions 4. The Policy Sponsor identifies the purpose and context as follows: • Identify changes necessary to other local government policies • Clarify relationships with other agencies, business units 5. The Policy Sponsor determines the Policy structure as follows: • Different combinations of policies and policy instruments are possible • Follow the policy templates provided City of Saint John Policy Instruments Framework 6. The Policy Sponsor writes key clauses of the policy in draft as follows: • Confirm with the enabling legislation • Cross reference with other policies as appropriate • Refine and discuss with other staff, committees and stakeholders (If creating a bylaw, follow steps 6 and 7, if not, continue on to Step 9) 7. The Policy Sponsor writes bylaw enforcement provisions, as follows • Check the Provincial Offences Procedure Act • Check enforcement provisions of the Municipalities Act, Community Planning Act and regulations • Review with enforcement staff - there must be a commitment to making bylaws work through enforcement 8. The Policy Sponsor writes bylaw filter and exception clauses, taking the following into consideration: • What cases might be excused from the bylaw? • At what threshold should certain actions occur? 9. The policy Sponsor writes glossary definitions taking the following into consideration: • Glossary definitions need only be added for what is not already defined in enabling legislation, or when there is some vagueness of meaning • Check the Municipalities Act interpretation section • Check the Interpretation Act • Check the dictionary for vague meanings • Review the policy for simplicity and plain English - try to eliminate jargon or unnecessary complexity 10. The policy Sponsor reviews the draft with staff, committees, stakeholders, external sources, legal counsel and refines 11. For Policies that are administrative in nature ie. affect or impact City employees and City Service areas only, the Policy Sponsor may manage the development process with Senior Leadership Team as follows: • The City Manager may appoint a Policy Review Committee from among the Senior Leadership Team. • Draft policy instruments are submitted to the City Manager for approval. 12. Approved policies are submitted to the Common Clerk. The Common Clerk: • Publishes the Policy in The City's Electronic Records Management System (ERMS), Laserfiche. • Ensures policy is maintained current in the Laserfiche Policy Library, by updating revisions and removing rescinded policy. • Ensures the WORD format is maintained in eCity (SharePoint) to enable revisions to the document. APPENDIX "C" Glossary Instrument Description Usual Audience Application Policy Formal statement adopted by Commissioners, Architectural Statement Resolution of Common Council that Managers provides context and broad guidance with respect to policy themes. Policy Formal direction developed by the City Council, Mandatory Instruments Manager that imposes the Policy Commissioners, Statement in a document. Managers Directive Formal instruction that obliges Managers, functional Mandatory departments / service area to take (or specialists avoid) specific action. Standard / A set of operational or technical Managers, functional Mandatory Procedure measures, procedures or practices for specialists city-wide use. Guideline A document providing guidance, advice Mangers, functional Voluntary or explanation to managers or specialists functional area specialists Best Practices A best practice is a technique or /Handbooks methodology that, through experience and research, has proven to reliably lead to a desired result. A handbook is a complete and detailed work on a particular topic for practitioners, structured for quick reference and often as a supplement to a text book. The term is commonly interchanged with manual. Managers, functional Voluntary specialists * The City is organized in 6 functional areas. Functional specialists work in their respective functional area. 1. Growth and Community Development 2. Protective Services 3. Transportation and Environment Services 4. Saint John Water 5. Finance and Administration 6. Corporate Services APPENDIX "D" REFERENCES 1. Some Better Practice Principles for Developing Policy Advice, Australian National Audit Office, 2001. 2. A Design Framework for Environmental Policy Instruments, Professor Kenneth Richards, Musim Mas Visiting Professor of Sustainability, National University of Singapore Business School, 2013 3. Integrated Community Energy Solutions (ICES) Municipal Policy Toolkit, Appendix A - How to Select Policy Instruments, September 2010 4. Framework for Assessing, Selecting and Implementing Instruments for Government Action, Treasury Board of Canada