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CLERK-008 - Policy Concerning Agencies, Boards, and Commissions (ABC's)_201640- SAIN'll'101M Subject: Agencies, Boards, and Commissions Category: Policy (ABC's) Policy No.: COS-CC-008 M&C Report No.: Effective Date: 2012-10-29 Next Review Date: (3 years) Area(s) this policy applies to: Agencies, Boards, Office Responsible for review of this Policy: and Commissions Common Clerk's Office Related Instruments: Policy Sponsor: Document Pages: This document consists of 8 pages. Revision History: Council Adoption: October 29, 2012 Amendment: February 25, 2013 Common Clerk's Annotation for Official eRecord Date of Passage of Policy: October 29, 2012 1 certify that this Policy was adopted by Common Council as indicated above. May 16, 2017 Common Clerk Date Date Created: Common Council Approval Date: Contact: 2012-10-29 2012-10-29 Common Clerk TABLE OF CONTENTS 1. COUNCIL RESOLUTION.................................................................................................................1 2. COUNCIL REPORT......................................................................................................................... 3 3. COUNCIL AMENDMENT RESOLUTION......................................................................................... 5 4. COUNCIL AMENDMENT REPORT.................................................................................................. 6 5. COUNCIL AMENDMENT RESOLUTION...........................................................................................9 6. COUNCIL REPORT.........................................................................................................................10 POLICY —AGENCIES, BOARDS AND COMMISSIONS Common Council Meeting — October 29, 2012 RESOLVED that all agencies, boards and Commissions ("ABCs") appointed by Council must give a written report outlining number of meetings, attendance, activities and decision making on a bi-annual basis; by the end of June and before mid -November unless otherwise directed by Common Council. Some major ABC'S may wish to report in person to Common Council on a more regular basis and that will be determined on an individual basis at the wish of Common Council. 2. All appointments made by Council for all ABC'S will be for a period of three years with the possibility of one re -appointment term of three years which would allow an individual to serve a total of six years. After an individual has served a total of six years the individual must remain off that particular ABC for a period of at least one year. This will become effective as of the date of this report being approved by Common Council. 3. If Members of Common Council are nominated to serve on any given ABC they will serve only their full term of Council period. 4. The Nominating Committee should be conscious of the fact of appointing citizens to only one ABC, in order that more individuals may have the opportunity to serve. 5. As a first step towards ensuring that our ABC'S are more accountable to Common Council, each ABC should fully understand their mandate and should understand what skill sets they require in their Board Members to undertake their duties to perform in the best possible way. 6. Changes to appointments of Elected Officials and Senior City Staff; Only one elected representative should be appointed to each ABC if required and/or only one member of senior staff should be appointed to each ABC if required. This will allow for a greater number of citizens to be appointed to ABC'S which will allow for more input from our citizens. 7. Changes to some of our ABC'S; such as; The City Solicitor has already been given the mandate to address the consolidating of the Saint John Parking Committee and the Saint John Transit Board. 8. A new committee has been established in the name of Rockwood Park Endowment Fund, (formerly known as Deed of Gift -Brunswick Pipeline Committee), City appoints two members. 9. The following ABC's should be deleted as they have served their purpose and are no longer needed; Arbour Day Committee; Design and Building Standards Committee; Saint John Environment Committee; Justice/Peel Plaza Steering Committee; Performance Review Committee; Revenue Generating Committee; and Taxation Review Committee. 10. Common Council has the authority at any given time to establish new ABC'S with new mandates. 11. Consideration should be given to study the possibility of consolidating the Leisure Services Committee; Lord Beaverbrook Rink Board; Rockwood Park Advisory Board; Carleton Community Centre Advisory Committee and forming a new ABC that would represent all rinks, parks, recreation of all kinds with the suggestion that a new name be selected, especially in view of the fact that there will be the establishment of a new Regional Recreation Commission. The caw orawnt John October 29, 2012 Mayor Mel Norton and Members of Common Council: A few months ago the Common Council gave Councillors Shirley McAlary, David Merrithew and John MacKenzie the mandate to review and make recommendations that would improve the overall being of our ABC'S. (All City Commissions, Committees and Boards will be referred to as an ABC) Here is our report submitted for the approval of Common Council. Recommendations for changes to our ABC'S. 1. All ABC'S appointed by Council must give a written report outlining number of meetings, attendance, activities and decision making on a bi-annual basis; by the end of June and before mid -November unless otherwise directed by Common Council. Some major ABC'S may wish to report in person to Common Council on a more regular basis and that will be determined on an individual basis at the wish of Common Council 2. All appointments made by Council for all ABC' Swill be for a period of three years with the possibility of one re -appointment term of three years which would allow an individual to serve a total of six years. After an individual has served a total of six years the individual must remain off that particular ABC for a period of at least one year. This will become effective as of the date of this report being approved by Common Council. 3. If Members of Common Council are nominated to serve on any given ABC they will serve only their full term of Council period. 4. The Nominating Committee should be conscious of the fact of appointing citizens to only one ABC, in order that more individuals may have the opportunity to serve. 5. As a first step towards ensuring that our ABC'S are more accountable to Common Council, each ABC should fully understand their mandate and should understand what skill sets they require in their Board Members to undertake their duties to perform in the best possible way. b. Changes to appointments of Elected Officials and Senior City Staff; Only one elected representative should be appointed to each ABC if wired and/or only one member of OF WNT Y-84H P.O. nox 1g71 Saint. John, NV Canaria E21. 41.1 mwv_wIn*-)hn.ca C.P. 1971 Saintlohn, NV 3. Canada E2L4L1 K-1 senior staff should be appointed to each ABC if required. This will allow for a greater number of citizens to be appointed to ABC IS which will allow for more input from our citizens. 7. Changes to some of our ABC' S; such as; The City Solicitor has already been given the mandate to address the consolidating of the Saint John Parking Committee and the Saint John Transit Board. 8. A new Committee has been established in the name of Rockwood Park Endowment Fund, (formerly known as Deed of Gift -Brunswick Pipeline Committee), City appoints two members. 9. The following ABC's should be deleted as they have served their purpose and are no longer needed; Arbour Day Committee; Design and Building Standards Committee; Saint John Environment Committee; Justice/Peel Plaza Steering Committee; Performance Review Committee; Revenue Generating Committee; and Taxation Review Committee. 10. Common Council has the authority at any given time to establish new ABC'S with new mandates. 11. Consideration should be given to study the possibility of consolidating the Leisure Services Committee; Lord Beaverbrook Rink Board; Rockwood Park Advisory Board; Carleton Community Centre Advisory Committee and forming a new ABC that would represent all rinks, parks, recreation of all kinds with the suggestion that anew name be selected, especially in view of the fact that there will be the establishment of a new Regional Recreation Commission. If the above recommendations are approved the following items need to be implemented. 1. This committee would be willing to study Recommendation #1 land report back to Common Council. 2. All ABCS should be sent a copy of our recommendations if approved by Common Council. 3. The Nominating Committee must follow through with these recommendations when making future appointments (new and re -appointments). 4. We must amend the ByLaw so that the former Council Emergency Measures Committee be consolidated with the newly formed Saint John Emergency Management Organization Advisory Committee. Respectfully Submitted, Councillor Shirley McAlary (received via email) 44;' POLICY —AMENDMENT RE: AGENCIES, BOARDS AND COMMISSONS Common Council Meeting — February 25, 2013 RESOLVED that as recommended by the Committee of the Whole, having met on February 25, 2013, Council amends Section 2 of the Council resolution of October 29, 2012 pertaining to recommended changes to agencies, boards and commissions by adding: Council has the authority to re -appoint a member who has served for a period of six or more years on an agency, board or commission, if not doing so poses a potential negative impact to either operations or a specific project of the said agency, board or commission. February 25, 2013 Deputy Mayor and Councillors Subject: Amendment to Council Resolution of October 29, 2012 RESOLVED that as recommended by the Committee of the Whole, having met on February 25, 2013, recommends that Council amends Section 2 of the Council resolution of October 29, 2012 pertaining to recommended changes to agencies, boards and commissions by adding: Council has the authority to re -appoint a member who has served for a period of six or more years on an agency, board or commission, if not doing so poses a potential negative impact to either operations or a specific project of the said agency, board or commission. Sincerely, ATN!° Ji1i I�4! ;'.().BOX 19P S_ t 10I-n, hB Canada E2L41.G4mr4,sajnqohn.ca I C.P 1071 Saif7t John, -N B. Canada E2L A1 POLICY —AMENDMENT RE: AGENCIES BOARDS AND COMMISSIONS Common Council Meeting —July 18, 2016 RESOLVED that Council establish the following policy: 1) Council members shall not receive reimbursement for serving on a City Agency, Board or Commission 2) Council members shall not be the Chair of a City Agency, Board or Commission. f � I'T f Fi f, I COUNCIL REPORT M&C No. 2016-194 Report Date July 13, 2016 Meeting Date July 18, 2016 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Board Appointments and Proposed Committee Structure OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jeff Trail RECOMMENDATION Having been provided a briefing on governance followed by a discussion on options related to appointments to agencies, boards and commissions and a potential committee system for Council to consider, the City Manager recommends that Council: 1) Directs the Nominating Committee to make nominations to fill Councillor vacancies on Boards where required by law, regulation or bylaw. 2) Directs the Nominating Committee to make nominations to fill any existing vacancies on remaining Boards. 3) Directs the Nominating Committee to establish two Committees (Finance and Growth) as a 6 month pilot project, commencing September 2016. 4) Continue to schedule regular reporting from agencies, boards and commissions with significant financial or operational linkage with the City. 5) Directs the City Manager to schedule a review of the Committee structure in March 2017 following six months of assessment and 6) Directs staff to make recommendations to simplify, where possible, the structure of City controlled agencies, boards and commissions. . EXECUTIVE SUMMARY Prior to the appointments of Councillors to Agencies, Boards and Commissions, it is worthy of discussion of governance best practices and the relationships which exist or could exist between the City and its ABCs. These appointments can continue to occur with some adjustments and definition of roles, with an enhancement in clarity of the expectations, the role definition of individual Board members and a mechanism to hold ABC's accountable, where it is appropriate. In other cases, where the functions of an ABC are ancillary to the core function of the City government, appointments should be allowed to proceed without delay. -2- PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This set of recommendations is intended to improve the governance process for agencies, boards and commissions (ABCs), provide additional clarity to ABCs on Council's expectations, improve the definition of roles between ABCs and Council, and to encourage a greater level of accountability. In turn, this will strengthen the role of Common Council, as a body of government, to provide strategic leadership to the agencies, boards and commissions. REPORT Board Appointments The current structure of Agencies, Boards and Commissions (ABCs) includes a wide variety of different entities. These ABCs are not all equal in terms of impact on service delivery or exposure to financial consequences for the City, and as such, do not and should not interact with the City of Saint John in the same fashion. In some cases, ABCs provide direct service delivery to the residents (e.g. Police, Transit, Parking) and in other cases, Common Council is provided with an opportunity to nominate a member of a Board to represent it's interests or the interests of the community at large (e.g. Saint John Airport, Heritage Development Board). There are currently twelve (12) 'significant ABCs' (i.e. ABCs with significant financial and operational linkage with the City of Saint John), including: SJ Transit, SJ Parking, SJ Board of Police Commissioners, SJ Industrial Parks, SJ Energy, Planning Advisory Committee, SJ Aquatic Centre, Discover SJ, Harbour Station, SJ Development Corp (Waterfront), Trade and Convention Centre Oversight and the Safe, Clean Drinking Water Project Steering Committee. The Mayor is required to sit on five of the eleven in an ex-officio capacity and one Councillor is required to sit on the SCDWP Steering Committee. No other Councillors are required by legislation, regulation or by-law to sit on any of these ABCs. This term "significant ABC" is used throughout the body of the report and refers explicitly to this list. There are eleven (11) other ABCs and two (2) Committees of Council on which either Mayor or Councillors are required to sit. They are Canada Games Foundation, Cities Association of NB, Federation of Canadian Municipalities, Heritage Development Board, Regional Facilities Oversight, PRO Kids, Emergency Measures, SJ Non-profit Housing, Fundy Region Service Commission, Taxi Advisory, Community Grants, Finance Committee and Nominating Committee. 2 -3- Finally, there are eleven (11) ABCs where Council is allowed to appoint at least one member and in some cases, a majority of the members. They are Carleton Community Centre, Shared Risk Pension, Fort LaTour Development, Imperial Theatre, Lord Beaverbrook Rink, Rockwood Park Endowment, Saint John Airport, SJ Community Arts Board, SJ Free Public Library, Substandard Property Appeals and Uptown SJ. Recommended Direction (Best Practice In the interests of good governance, Common Council should consider some best practices such as providing or approving a position description for each Board appointment for the significant ABCs. Each of the Boards should be asked to provide input to the nomination process, including a skills matrix of an ideal Board composition and the apparent skills vacancies at that point in time. The primary objective of the Nominating Committee should be to identify the best possible appointees to each of the significant ABCs. Additional direction should be given from Common Council to the significant ABCs which indicates what goals are to be accomplished. Each significant ABC should be given a mandate letter from Common Council on a regular basis in order to clarify the roles and expectations. The Boards of the significant ABCs should be charged with identifying how they will accomplish those mandates and report regularly on their progress. Reporting from each of the ABCs has already been organized to provide opportunities to hear from and provide input to the highest priority entities and this reporting, either written or verbal will come currently to full Council, generally in open session. An issue which requires clarification is that of the role of Common Council members or City employees on Boards of significant ABCs. Again, in the interests of good governance and accountability, the assignment of Councillors and Employees to Boards should be done selectively. Where it is deemed practical to appoint a Councillor or Employee to a Board, the appointee should not be eligible to Chair the Board, unless otherwise stipulated in legislation, regulation or by-law. Councillors and employees shall not be financially compensated for participation on any ABC and finally, Councillors and employees shall always ensure that their primary fiduciary duties are aligned with the interests of the City. ,C] -4- Proposed Committee Structure The concept of a Committee structure for Common Council has been considered several times in the past and it is related directly to the appointments to ABCs insofar as the work being contemplated by ABCs may be of primary interest to the Common Council or individual Councillors. The work of many of the ABCs can be grouped into particular categories or themes which are logical and interrelated. A potential structure could include committees comprised of Councillors for Growth, Finance, Community Services, Public Safety, Transportation and Infrastructure and External Relations. Growth - Responsible for growth of the economy and tax base with linkage to Enterprise SJ, Waterfront development, Industrial parks, Tourism development, and Heritage preservation. Linked primarily to the Department of Growth and Community Development Services. Finance - Responsible for fiscal management, audit, budget development, resource allocation, continuous improvement, open data and information management. Linked primarily to Finance and Administrative Services and Strategic Services within the City Manager's office. Community Services - Responsible for implementation of PlaySJ, recreation, parks, trails, gardens, community development and poverty reduction — linked primarily to Recreation and Leisure Services Division within Transportation and Environment. Public Safety - Responsible for oversight of public safety services, including police, fire, building code, by-law enforcement and EMO. Linked primarily to Fire/EMO Services with reporting from Board of Police Commissioners. Transportation and Infrastructure - Responsible for capital investment prioritization, implementation and operation of Safe Clean Drinking Water, road and sidewalk programs, water and wastewater, storm water, parking and transit services. Linked primarily with Transportation and Environment services and SJ Water. External Relations - Responsible for intergovernmental relationships, Federation of Canadian Municipalities, Cities Association of NB, NB Municipal Association, and key liaison with provincial and federal governments. Linked primarily with City Manager's Office. At this time, because of the significant change of practice, it would be advisable to take an incremental approach and implement a couple of Committees (Growth and Finance), pause after six months and evaluate. At that time, El -5- Common Council can decide whether to proceed with further Committee development or return to past practice. Each Committee would be comprised of five Council members, including a Chair and Vice Chair. The Mayor would be invited to sit ex-officio and non -voting on both of the pilot Committees. If the structure is later adopted, the Mayor would Chair the External Affairs Committee. Meetings of Committees would be held primarily in open session following the rules set out in legislation and would be one to two hours in duration on a monthly basis. Staff support would be required to develop the agenda and materials in advance and all meetings would be communicated in advance as per current procedure. Committees would not have decision -making authority, but would provide recommendations for consideration by Common Council. Presentations by applicable ABC's would be scheduled in Committee where appropriate and would form a large portion of the agenda. Membership of Committees would rotate on a regular basis, likely every two years. Key relationships for the Committees would be grouped as follows: Growth — Planning Advisory Committee, Saint John Development Corporation, Saint John Industrial Parks, Uptown Saint John, Enterprise Saint John*, Discover SJ, Heritage Development Board, Saint John Port Authority, SJ Sub -standard Properties Appeal Committee, Trade and Convention Oversight Committee Finance - SJ Shared Risk Pension Board Community Services — SJ Aquatic Centre Commission, Canada Games Foundation, Carleton Community Centre Advisory Committee, Lord Beaverbrook Rink, PRO Kids, SJ Community Arts Board, SJ Free Public Library, SJ Non-profit Housing, LivingSJ*, Imperial Theatre Inc. , Harbour Station Commission, Fort LaTour Development Authority, Rockwood Park Endowment Fund, Community Grants Evaluation Committee Public Safety — Saint John Emergency Management Advisory Committee, Saint John Board of Police Commissioners External Relations —Regional Facilities Commission, Federation of Canadian Municipalities*, Cities Association of NB Transportation and Infrastructure — Power Commission of the City of Saint John, Saint John Airport, Saint John Parking Commission, Saint John Transit Commission, Taxicab Advisory Committee, Solid Waste/Fundy Region Services Commission, Safe Clean Drinking Water Project Steering 5 -6- The Committee structure is expected to enhance the governance of the City, allowing individual Councillors to become more familiar over time with related fields, such as Growth or Finance. Clarification of the roles between Council and documenting expectations and then providing regular reporting would result in a better overall governance system and take a meaningful step toward a higher functioning organizational structure where dialogue would be centered on goals, expectations and challenges or barriers. In turn, this will strengthen the role of Common Council, as a body of government, to provide strategic leadership to the agencies, boards and commissions. N/A ATTACHMENTS Presentation format of this same material is provided as an attachment to be used in the meeting. C.