TAMRMS#: B06
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Council Workshops & Training Policy
Presented by: Mary Nordvedt, Deputy City Clerk
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RECOMMENDATION(S)
recommendation
That City Council Policy C-CG-13, Council Training Workshops, provided as an Attachment to the May 28, 2018 Agenda Report entitled “Council Workshops & Training Policy”, be approved.
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PURPOSE OF REPORT
To present City Council Policy C-CG-13 Council Training Workshops to Council for approval as requested by Council on February 20, 2018.
COUNCIL DIRECTION
On February 20, 2018 Council passed the following motion:
(CM 18-021)
That by May 31, 2018, Administration amend for Council’s consideration any relevant policies, and/or develop a new policy if necessary, to specify the parameters and requirements of workshops, training sessions, Council briefings, and any other meeting types that would include the majority of Council in attendance, including standards for advance notifications to the media and/or public.
BACKGROUND AND DISCUSSION
Administration drafted a policy to prescribe the use and standards pertaining to Council Workshops. In the original draft Council Policy there were three types of Council Workshops envisioned:
1) Administrative Briefing Workshops
2) Council Training Workshops
3) Council Feedback Workshops
In order to ensure that the policy was sound in terms of current legislation and current case law, Legislative Services requested a legal review of the proposed draft Council Policy.
The legal opinion provided the following advice:
Municipal Councils ought to be cautious about meeting without the opportunity for the public to observe. Business should not be conducted in an “informal” meeting that advances the business of the City. However, “informal” meetings that are held for the purpose of educating or training councillors, and where there is no discussion or dealing in any way with any matter that materially advance the business or decision-making of Council, are acceptable.
The reasoning for this advice is that all business conducted by Council or a Council Committee, which advances the decision making of Council needs to provide the public with the opportunity to hold their municipal administration and Council accountable for the advice given and decisions made and provide for the opportunity for the public, and those affected by the decisions of Council, to understand the decision making process by providing transparency of process and decisions made.
The original draft policy was then re-written to remove the Administrative Briefing Workshops category and the Council Feedback Workshops category.
To facilitate the informal review of Administrative Briefings and Council Feedback it is recommended that Council utilize the Governance, Priorities, and Finance Committee (GPFC) for this purpose.
The Governance, Priorities, and Finance Committee Bylaw (Bylaw 31/2017) defines the roles and responsibilities of the Committee as follows:
(a) make recommendations to Council;
(b) receive reports from Administration or Committees of Council;
(c) receive, or provide input into, the development of financial reports, financial plans or budgets;
(d) approve audit plans;
(e) hold workshops, educational sessions or strategic planning activities;
(f) refer any matter before the Committee to Council for further discussion or decisions;
(g) recommend amendments to draft policies, bylaws, or other governing documents, but may not approve any of these documents or give any readings to bylaws;
(h) give direction to the City Manager;
(i) go in camera to discuss any matter that includes information that is protected under the Freedom of Information and Protection of Privacy Act; and
(j) exercise any other authority specifically delegated to the Committee by Council, unless any act or legislation prohibits the delegation of that authority.
Additionally, it should be noted that Committee of the Whole (as described in the Procedure Bylaw [Bylaw 3/2018]) does not have the breadth of powers allotted to the GPFC. Committee of the Whole is not intended as a forum in which Council members may direct Administration or make decisions - it is intended as a forum in which Council members may discuss a matter without the stringency of regular Council rules, prior to reconvening as regular Council. For this reason, GPFC is the preferred option to facilitate Administrative Briefings or Council Feedback sessions.
The proposed policy indicates that a Council Training Workshop is intended solely for the purpose of educating Council members rather than a forum in which to conduct the governance business of Council. It is not an official meeting of Council and as such:
• there is no requirement to advertise or hold a Council Training Workshop in
public,
• Council cannot make motions at a Council Training Workshop,
• there is no Chair appointed for the purpose of a Council Training Workshop, and
• there are no formal rules of procedure that apply to a Council Training Workshop.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
N/A
IMPLICATIONS OF RECOMMENDATION(S)
If Council adopts the proposed Council Policy, it is recommended that Agenda Committee review the upcoming Council Workshops and reschedule them as agenda items on upcoming GPFC meetings.
Financial:
None at this time.
Legal / Risk:
None at this time.
Program or Service:
None at this time.
Organizational:
None at this time.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
If Council does not wish to support the recommendation, the following alternatives could be considered:
Alternative 1. Do Nothing. This alternative would mean that there would be no formal avenue for Council to conduct “Council Training Workshops”, however, through research completed, no formal avenue is required for Council to conduct training/educational sessions.
The proposed motion for this Alternative is:
That the agenda report dated May 28, 2018 entitled “Council Workshops and Training Policy” be received as information.
Report Date: May 28, 2018
Author(s): Mary Nordvedt
Committee/Department: Legal & Legislative Services
General Manager: Michelle Bonnici
City Manager: Kevin Scoble