BYLAW - Define Accountability Transparency Policies Procedures - 20150510 - 569015THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5690-15
BEING A BY-LAW to
define the accountability
and transparency policies
and procedures for The
Corporation of the Town of
Aurora.
WHEREAS paragraph 5 of subsection 270(1) of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended provides that a municipality shall adopt and maintain policies with
respect to the manner in which the municipality will try to ensure that it is accountable
to the public for its actions and the manner in which it will try to ensure that its actions
are transparent to the public;
AND WHEREAS on November 27, 2007 the Town adopted a corporate policy
regarding procedures by which the Town will try to ensure that it is accountable to the
public for its actions and that its actions are transparent to the public, being Town
Administration Procedure No. 67;
AND WHEREAS it is deemed necessary to adopt a policy by by-law with respect to
the Town's accountability and transparency to replace Administration Procedure No.
67;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
TABLE OF CONTENTS
PART 1: DEFINITIONS, PRINCIPLES, PURPOSE AND APPLICATION
1. DEFINITIONS OF THIS BY-LAW............................................................................ 2
2. VISION, MISSION AND VALUES OF THE TOWN .................................................. 2
3. PURPOSES, GOALS, AND OBJECTIVES OF THIS BY-LAW ............................... 2
4. ACCOUNTABILITY AND TRANSPARENCY PRINCIPLES AND PRACTICES ..... 3
5. APPLICATION......................................................................................................... 3
6. RESPONSIBILITIES................................................................................................ 3
7. EXCEPTIONS AND CONFLICT.............................................................................. 6
8. ACCESS TO INFORMATION.................................................................................. 6
9. ACCESSIBILITY CONSIDERATIONS..................................................................... 6
PART 2: GENERAL ITEMS
10. BY-LAW REVIEW.................................................................................................... 6
11. SEVERABILITY....................................................................................................... 6
12. SHORT TITLE.......................................................................................................... 7
13. IN FORCE................................................................................................................ 7
By-law Number 5690-15 Page 1
PART 1: DEFINITIONS, PRINCIPLES, PURPOSE AND APPLICATION
1. DEFINITIONS OF THIS BY-LAW
1.(1) In this by-law, the following words have the following meanings:
(a) "AODA" means the Accessibility for Ontarians with Disabilities Act,
2005, S.O.2005, c. 11, as amended;
(b) "CAO" means the Chief Administrative Officer of the Town, or his/her
designate;
(c) "Closed Meeting" means a regular, special or other meeting of a
Council, of a local board or of a committee that is closed to the public
within the meaning ascribed to it under section 239 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended;
(d) "Council" means the Council of The Corporation of the Town of
Aurora;
(e) "Department" means a department of the Town;
(f) "Department Head" means a Director, or his/her designate, of the
Town who is responsible for a Department, and shall include the CAO
with respect to his/her direct responsibilities for a Department;
(g) "Town" means The Corporation of the Town of Aurora.
2. VISION, MISSION AND VALUES OF THE TOWN
2.(1) The Town's vision is to be a respected leader in municipal government,
seeking innovative approaches and effective solutions that meet community
expectations.
2.(2) The Town's mission is to be a professional and resilient organization
dedicated to providing high quality service and better understanding the needs
of our community.
2.(3) The Town values the following:
(a) Acting with honesty and integrity while serving the community;
(b) Providing a positive work environment that promotes employee health
and well-being;
(c) Recognizing and respecting the diversity of its community and
workforce;
(d) Protecting and enhancing the natural environment;
(e) Valuing the cultural heritage and the history of our community; and
(f) Contributing to the economic vitality of our community.
3. PURPOSES, GOALS, AND OBJECTIVES OF THIS BY-LAW
The purposes, goals, and objectives of this by-law are:
(a) to ensure openness, accountability and transparency while protecting
the best interests of the Town;
By -la w Number 5690-15 Page 2
(b) to deliver high quality services while promoting the efficient use of
public resources;
(c) to avoid conflicts between the interests of the Town and those of the
Town's employees and elected officials;
(d) to foster an environment that invites and encourages citizen
participation and engagement; and
(e) to incorporate, where applicable, the requirements of the AODA in
practices of the Town as well as any requirements contained in other
legislation (either provincial or federal) which may impact the practices
of the Town.
4. ACCOUNTABILITY AND TRANSPARENCY PRINCIPLES AND PRACTICES
Accountability and transparency affect and are affected by the public sector
organization as a whole, and the community it serves, whether at the local,
provincial, or national level. Accountability and transparency are standards of
good governance that enhance public trust. Therefore, the Town has adopted
Accountability and Transparency Principles and Practices, as follows:
Accountability:
Taking ownership and being responsible to stakeholders for our actions or
inactions. This value is essential to preserve the public trust and to protect the
public interest.
Efficiency:
Efficient management of the Town. This value is essential to ensure issues
and needs of the public are responded to in a timely fashion.
Ethics:
Acting in a manner true to the values listed herein. Acting ethically is essential
to preserve the public's trust.
Impartiality:
Unbiased decision -making and action. This value is essential to ensure
fairness for the public good.
Professionalism:
Upholding high standards of job performance and ethical behavior. This value
is essential to balance diverse public interests.
Service:
Obligation to assist stakeholders. This value is essential to support the public
good.
Transparency:
Easily accessible and understandable policies and processes. This value is
essential to ensure active encouragement and fostering of public participation
in the Town's decision -making.
5. APPLICATION
5.(1) This by-law shall apply to all members and committees of Council and
employees of the Town with respect to their roles in the political processes,
decision -making and administrative management of the Town.
6. RESPONSIBILITIES
6.(1) Council is responsible for providing good government for its constituents in an
accountable and transparent manner by:
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(a) encouraging public access and participation to ensure that decision
making is responsive to the needs of its constituents and receptive to
their opinions;
(b) delivering high quality services to its constituents; and
(c) promoting the efficient use of public resources.
6.(2) With respect to financial dealings, as required under the Municipal Act, 2001,
as amended, the Town shall be responsible for providing accountability and
transparency to its constituents in a manner that may include, but is not limited
to, the following:
(a) publishing internal and external audits;
(b) publicly providing financial statements and reporting;
(c) documenting long term financial planning;
(d) demonstrating a commitment to asset management;
(e) adopting open and transparent procurement policies and practices;
(f) providing, when concluded, the details of any purchase or sale of land;
and
(g) ensuring open and accessible budget processes including opportunities
for public input.
6.(3) With respect to internal governance, the Town shall be responsible for
ensuring accountability on the part of its employees through the following
initiatives:
(a) mission, vision and value statements;
(b) code of conduct for staff;
(c) performance management and evaluation;
(d) hiring policies;
(e) orientation and continuing education;
(f) compensation and benefits;
(g) health and safety programs; and
(h) administrative practices and procedures that recognize Council's
commitment to accountability and transparency.
6.(4) With respect to Town meetings, the Town shall be responsible for providing
accountability and transparency to its constituents in a manner that may
include, but is not limited to, the following:
(a) implementing a processes outlining how, when and under what rules
Town meetings will take place;
(b) ensuring the Town meetings are open to the public where required by
the Municipal Act, 2001, as amended;
(c) providing members of the public with an opportunity to make delegations
or comments in writing on specific items at meetings that are open to the
public; and
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(d) fostering meaningful and effective public participation at Town meetings,
by disclosing information in a timely manner on various media, which
may include print media and websites, where such information may
include, but is not limited to, the following:
(i) Procedural By-law;
(ii) Code of Ethics for Councillors;
(iii) Strategic Plan;
(iv) development of the Customer Service Strategy;
(v) employee satisfaction survey, action plan and report care;
(vi) membership with Excellence Canada and related action plans;
(vii) Delegation By-law and policy;
(viii) Records Retention By-law and policy;
(ix) corporate records and documents management plan;
(x) Public Notice By-law and policy;
(xi) provincial and municipal benchmarking;
(xii) financial information reporting;
(xiii) online availability of the Town's Operating and Capital
Budget/Business Plans;
(xiv) the maintenance of an inventory of the Town's landholdings;
(xv) Annual Community Report, which includes the Town's
performance results in the Municipal Performance Measurement
Program;
(xvi) audited financial statements, which shall be compliant with the
Public Sector Accounting Board requirements;
(xvii) salary information, released in accordance with the Public Sector
Salary Disclosure Act, 2006,
(xviii) information required by the AODA;
(xix) by-laws, agendas, minutes and reports of General Committee
and Council, provided on the Town's website;
(xx) the Town's Emergency Plan, provided on the Town's website;
and
(xxi) live streaming of General Committee meetings, and local
broadcast of Council meetings, where both recordings will be
available online following the meeting on an on -demand basis.
6.(5) With respect to Closed Meetings, the Town shall be responsible for ensuring
accountability and transparency to its constituents by:
(a) ensuring the Town's procedural by-law and practices enable detailed
compliance with the requirements of the Municipal Act, 2001, as
amended, for holding a Closed Meeting;
By-law Number 5690-15 Page 5
(b) informing the public, when possible, of the reason for the holding of the
Closed Meeting by providing information which may include, but is not
limited to:
(i) the general nature of the matter to be considered at the Closed
Meeting; and
(ii) the resolutions made at the Closed Meeting.
7. EXCEPTIONS AND CONFLICT
7.(1) All political processes, decision -making and administrative management of the
Town shall comply with this by-law and all other Town by-laws and policies,
including the Town Corporate Policies and Procedures, the Employee Code of
Conduct and the Council Code of Ethics By-law.
7.(2) In case of conflict between any Town policy and this by-law relating to matters
of accountability and transparency, the provisions contained in this by-law
shall prevail. In case of conflict between this by-law and any other Town by-
law, the provisions of the by-law that is more specific in addressing the matter
in conflict shall prevail.
7.(3) Notwithstanding the provisions of this by-law, all political processes, decision -
making and administrative management of the Town shall comply with any
provincial or federal Act, or a regulation made under any such Act, and any
instrument of a legislative nature.
S. ACCESS TO INFORMATION
8.(1) The disclosure of information by the Town shall be made in accordance with
the provisions of the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, c. M.56 and the Personal Health information
Protection Act, 2004, S.O.2004, c. 3, Sched. A, as amended.
9. ACCESSIBILITY CONSIDERATIONS
9.(1) The Town is committed to giving people with disabilities the same opportunity
to access and participate in the decision -making processes of the Town and
allowing them to benefit from the same services and public participation
opportunities as other constituents, pursuant to the provisions of the AODA.
Programs, services, facilities, etc. should be accessible to persons with
disabilities (visible and invisible), including (without limitation): hearing loss,
vision loss, physical or mobility related impairments, temporary disabilities,
learning, speech, language, cognitive, psychological, psychiatric, intellectual
and developmental disabilities, allergies, and multiple chemical sensitivities.
PART 2: GENERAL ITEMS
10. BY-LAW REVIEW
10.(1) This by-law shall be monitored and evaluated for effectiveness continuously by
the CAO and shall be comprehensively reviewed upon specific request by the
Council.
11. SEVERABILITY
11.(1) If any provision of this by-law or the application thereof to any person or
circumstance is held to be invalid by a court of competent jurisdiction, the
invalidity does not affect other provisions or applications of this by-law which
can be given effect without the invalid provision or application, and to this end
the provisions of this by-law are severable.
By-law Number 5690-15 Page 6
12. SHORT TITLE
12.(1) This by-law may be referred to as the "Accountability and Transparency By-
law".
13. IN FORCE
13.(1) This by-law shall come into full force and effect on the date of final passage
hereof.
READ A FIRST AND SECOND TIME THIS 10'h DAY OF MARCH, 2015.
READ A THIRD TIME AND FINALLY PASSED THIS 10'h DAY OF MARCH, 2015.
Approved as to Form
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STEPHEN M.A. HUYC
, TOWN CLERK
By-law Number 5690-15 Page 7