City Council

That the report from the City Clerk and Solicitor entitled “ 2014-2018 Council Governance Review” be received and considered.

WHEREAS City Council has approved the draft Code of Conduct for Citizen Members of the Built Heritage Sub-Committee as recommended in Part I, Section A, Recommendation 10 of the 2014-2018 Council Governance Review; and WHEREAS the draft Code of Conduct for Citizen Members of the Built Heritage Sub-Committee is a modified version of the Code of Conduct for Members of Council which includes a $30 disclosure threshold for gifts and hospitality; and WHEREAS Part II, Recommendation 7 from the 2014-2018 Council Governance Review recommends amending the Code of Conduct for Members of Council to establish a different threshold; THEREFORE BE IT RESOLVED that the draft Code of Conduct for Citizen Members of the Built Heritage Sub-Committee be amended such that the threshold for the full disclosure of all gifts, benefits and hospitality received from one source in a calendar year match the threshold set for Members of Council.

C. McKenney WHEREAS the 2014-2018 Council Governance Review recommends that the Community and Protective Services Committee, the Environment Committee and the Transit Commission meet eight times a year, retaining the ability to hold Special Meetings; and WHEREAS Members of Council wish to hear from the public prior to this change being implemented; THEREFORE BE IT RESOLVED that the recommendation that the Community and Protective Services Committee, the Environment Committee and the Transit Commission meet eight times a year, retaining the ability to hold Special Meetings, as outlined on page 48 of the staff report, be

WHEREAS in drafting the 2014-2018 Governance Review Report, there were two items inadvertently omitted and a technical amendment is required to address these omissions in those recommendations relating to the Delegation of Authority By-law and the Ward or Position-Specific Appointments; THEREFORE BE IT RESOLVED THAT: In Part I, Section A, Recommendation 16, the Mayor’s appointment to the Board of Invest Ottawa be added to the list of Ward or Position-Specific Appointments as described in Document 4; and In Part IV, Recommendation 3, an amendment be included such that the City Clerk and Solicitor be delegated authority to sign Accessibility for Ontarians with Disabilities Act, 2005 compliance reports and other required reports for filing with the designated Provincial authority under Schedule “A” Section 62 of the Delegation of Authority By-law , as required by the Act and in keeping with current practice.

WHEREAS the Agriculture and Rural Affairs Committee is charged with planning matters in the rural areas but has no formal role with respect to Development Charges in their mandate; and WHEREAS, as part of the 2010-2014 Committee Terms of Reference provided the Transit Commission with input into the transit-related portions of the Transportation Master Plan (TMP), while the Transportation Committee retained carriage of the TMP and this model worked well; THEREFORE BE IT RESOLVED that staff be directed to prepare the draft Terms of Reference for the Agriculture and Rural Affairs Committee and the Planning Committee: 1) to provide the Agriculture and Rural Affairs include the responsibility for the Agriculture and Rural Affairs Committee to review and make recommendations to Planning Committee and/or Council as appropriate on all issues pertaining to the Development Charges Act and on the general enactment of the Development Charges By-law as they relate to the rural area 2) to provide Agriculture and Rural Affairs with the delegated authority to make recommendations to Council respecting development charges complaints respecting properties in the rural area.

WHEREAS Part I, Section C, Recommendation 1 of the 2014-2018 Council Governance Review recommends that City Council approve the 2015-2018 Tax- and Rate-Supported budget process, as outlined in the report; and WHEREAS the recommended process for the 2015-2018 tax-supported budgets is outlined in the report by way of a bulleted list of 11 steps, and the fourth bullet in the recommended process states: “The City Manager will be directed to work with the Mayor’s office to develop draft annual budgets that are consistent with Council’s approved budget direction. The draft budgets will also identify any one-time issues and recommend any additional strategies that may be required to achieve Council’s direction”; and WHEREAS the recommended process for the 2015-2018 tax-supported budgets does not specifically provide Members of Council with a formal opportunity to give direct individual input to the Mayor’s office before the Mayor’s office works with the City Manager to develop the draft annual budgets, even if that is the intent; THEREFORE BE IT RESOLVED that the recommended process for the 2015-2018 tax-supported budgets as outlined on page 68 in the 2014-2018 Council Governance Review report be amended such that the Mayor will consult with each Member of Council with respect to the Member’s individual budget priorities and concerns before the Mayor’s office works with the City Manager to develop draft annual budgets.

WHEREAS Members of Council are subject to the Municipal Conflict of Interest Act , and have executed a declaration of public office to meet the requirements of that statute; and WHEREAS in order to determine if a duty to disclose a direct, indirect or deemed pecuniary interest exists in applications being considered by Committee and Council, it is necessary that the Members of Council be aware of the identity of the Applicant: THEREFORE BE IT RESOLVED THAT reports to Planning Committee and Agriculture and Rural Affairs Committee with respect to applications made under the Planning Act and the Ontario Heritage Act include the name of the property owner (and where the application is being made on behalf of someone other than the owner, that person’s name) to enable Members of Council to meet their statutory obligations.

WHEREAS Part I, Section C, Recommendation 1 of the 2014-2018 Council Governance Review recommends that Council approve a budget process for the 2015-2018 Tax- and Rate-Supported Budgets; and WHEREAS there has been a significant turnover on Council and, while Members recognize the need to establish the 2015 budget process and timetable so that a budget can be approved no later than the end of March 2015, it would also be beneficial for new Members to have more time to understand what is being proposed, and the implications of establishing a four-year process rather than focusing on the 2015 budget; THEREFORE BE IT RESOLVED that the budget process for the 2015-2018 Tax- and Rate-Supported Budgets outlined in the 2014-2018 Council Governance Review and set out for approval in Part I, Section C, Recommendation 1 be

C. McKenney WHEREAS transparency and accountability are important principles to guide Council's work; and WHEREAS the gift registry does not prevent Council members from accepting gifts in excess of $100; THEREFORE BE IT RESOLVED that Part II, Recommendation 7 be amended such that the threshold for the full disclosure of all gifts, benefits and hospitality received from one source in a calendar year be $100.

WHEREAS the Delegation of Authority By-law provides delegated authority for the approval of the acquisition and disposition of real property by the City to the Deputy City Manager, Planning and Infrastructure and identified staff in the Real Estate Partnerships and Development Office; and WHEREAS such acquisitions and dispositions are currently reported to Committee on a semi-annual basis; and WHEREAS it is a principle of the Council of the City of Ottawa to provide for the open and transparent exercise of delegated authority and it would be appropriate that the delegated authority reports provide further information; THEREFORE BE IT RESOLVED THAT: 1. In reports to be submitted quarterly to Finance and Economic Development Committee respecting the disposition of real estate staff also provide to Committee in the report the following information: a. A listing of all offers made in writing for the real estate parcels; b. The names of the persons who made such offers; c. A brief statement as to why the offer was successful or unsuccessful. 2. In a quarterly report to Finance and Economic Development Committee respecting the acquisition of real estate staff also provide to Committee in the report the following information: a. All purchases of Real Property which is to include all major terms and conditions in respect of such purchases. 3. Such reporting out be subject to exemptions approved by Council. 4. The necessary modifications be made to the Delegation of Authority By-law t

WHEREAS the 2014-2018 Council Governance Review recommends that the Mayor be given delegated authority to conduct performance reviews for the City Manager and Auditor General; and WHEREAS the Board of Health introduced a new process to review the performance of the Medical Officer of Health such that the Chair of the Board conducts the review based on a weighted, written evaluation survey completed by all Members of the Board; and WHEREAS this process allowed all Members to provide input without the challenges currently described in the Governance Report; THEREFORE BE IT RESOLVED THAT: 1. Part V, Recommendation 4 be amended such that the Mayor be given delegated authority to conduct performance review meetings with the City Manager and Auditor General based on written weighted evaluation forms filled out by each Member of Council and report the results of the meetings to Council in the manner deemed most appropriate by the Mayor, in consultation with the City Clerk and Solicitor; and 2. the Mayor be delegated the authority to approve vacation leave, sick leave, expense reports and similar matters for both the City Manager and the Auditor General.

WHEREAS the 2014-2018 Council Governance Review recommends that the Mayor be given delegated authority to conduct performance reviews for the City Manager and Auditor General; and WHEREAS there is a benefit to having additional input from Members of Council for these performance reviews; THEREFORE BE IT RESOLVED that Part V, Recommendation 4 be amended such that the Mayor and the Deputy Mayors be given delegated authority to conduct performance reviews for the City Manager, that the Mayor and the Chair and Vice-Chair of the Audit Committee be given delegated authority to conduct performance reviews for the Auditor General and that the Mayor be delegated the authority to approve vacation leave, sick leave, expense reports and similar matters for both the City Manager and the Auditor General.

WHEREAS the 2014-2018 Council Governance Review recommends amending Section 12(1) of By-law 2009-323, a By-law of the City of Ottawa to establish the position and duties of Auditor General of the City of Ottawa, to add a provision that states that, in an election year, timelines for the Auditor General’s Annual Report will be determined by the Auditor General in consultation with the Mayor and may be

THEREFORE BE IT RESOLVED that Council approve the appointment of 11 members of Council to serve as the Nominating Committee, in addition to the Mayor as Chair, to make recommendations to Council on appointments of members of Council to Standing Committees, Sub-Committees, Boards and the Selection Panels. The first meeting of the Nominating Committee is scheduled for 9:30 a.m. Tuesday, December 9, 2014, for consideration at the City Council meeting on Wednesday, December 10, 2014; and BE IT FURTHER RESOLVED that the members of the Nominating Committee be: 1. Councillor Bob Monette; 2. Councillor Jody Mitic; 3. Councillor Jan Harder; 4. Councillor Keith Egli; 5. Councillor Shad Qadri; 6. Councillor Jean Cloutier; 7. Councillor Diane Deans; 8. Councillor Mathieu Fleury; 9. Councillor Catherine McKenney; 10. Councillor David Chernushenko; and 11. Councillor Scott Moffatt.

That the report from the City Clerk and Solicitor entitled “ 2014-2018 Council Governance Review” be received and adopted as amended.

THAT By-law 2014-429 to confirm the proceedings of Council be enacted and passed.