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AGENDA - Special Council - 20070222SPECIAL COUNCIL AGENDA N0. 0IM04 THORSBAY, FEBROMY 22, 2007 6:00 PAN COUNCIL CHAMBERS AURORA TOWN MU PUBLIC RELEASE 21 /02/07 AuiI pizA TOWN OF AURORA SPECIAL COUNCIL MEETING AGENDA NO. 07-04 Thursday, February 22, 2007 6:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved. III MATTER FOR CONSIDERATION 1. Procedural By-law 4835-06.0 IV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1 st, 2nd and 3rd readings, and enacted: 4892-07.0 BEING A BY-LAW to confirm pg. 3 actions by Council resulting from the meeting of February 22, 2007. V ADJOURNMENT Special Council Meeting No. 07-04 Page 2 of 2 Thursday, February 22, 2007 AGENDA ITEMS 1. Discussion regarding procedural rules relating to section 4.4 Conduct of Members and section 4.5 Improper Conduct. 2. Memo from Town Solicitor Pg. 1 Re: Closed Session Meeting of February 13, 2007. SPECIAL COUNCIL — FEBRUARY 22, 2007 AURORA YoWmG goad Car«pasty MEMORANDUM DATE: February 21, 2007 TO: Mayor Morris and Members of Council FROM: Shelley E. Pohjola, Town Solicitor I AGENDA ITEM LEGAL SERVICES RE: Closed Session Meeting of Council on February 13, 2007 Pursuant to section 239(1) of the Municipal Act, 2001, all meetings of Council must be open to the public, unless they fall into one of the exceptions listed in section 239(2) of the Act. In the Additional Items Tabled for Council Meeting of February 13, 2006-was an item requesting a closed session meeting to discuss a legal matter. For clarification, it is my opinion that the closed session meeting of Council on the legal matter complied with the provisions of the Act and the Town's Procedural By-law and this fell within at least one of the following two (2) listed exceptions to the open meeting requirement. 1) Exception One - Potential Litigation As Council is aware, a resident of the Town has been involved in a matter involving Aurora Cable Internet (ACI) for some time, and made a number of statements to Council on January 30, 2006 and to the local paper about applying to the courts either with ACI and/or the Town for a determination of this matter. It was consequently clearly apparent on the public record that there was a potential for litigation involving the Town. Therefore, the closed session meeting was properly held under the exception set out in section 239(2)(e) of the Act, "litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board". 2) Exception Two - Solicitor -Client Privilege The second exception which could apply is that of solicitor -client privilege. The item was included due to Councillor MacEachern's request that the Town Solicitor prepare a legal opinion which could include any potential liability of the Town in this matter. It is critical and essential to discuss liability concerns in closed session, as otherwise, damaging public admissions could potentially be made. Legal advice between a client and its solicitor is confidential and protected by the law of privilege. This is recognized by section 239(2)(f) of the Act, which establishes that "advice that is subject to solicitor -client privilege, including communications necessary for that purpose" is an exception to the open meeting rule. As the closed meeting portion of this matter was called to address potential liability and the —1— SPECIAL COUNCIL — FEBRUARY 22, 2007 need for advice on that potential liability, it was also properly held under section 239(2)(0 of the Act. Shelley E. Pohjola Town Solicitor cc: John Rogers, CAO Bob Panizza, Town Clerk —2— • Page 2 SPEC COUNCIL - FEBRUARY 22, 2007 ire,,o,N�,°f 9t�,o^ THE CORPORATION OF THE TOWN OFAURORA w By-law Number 4892-07,C BEING A BY-LAW to Confirm Actions by Council Resulting From Meeting 07.04 on February 22, 2007. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the actions of the Council at its meeting held on February 22, 2007 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS 22 NO DAY OF FEBRUARY, 2007. READ A THIRD TIME AND FINALLYPASSED THIS 22ND DAYOF FEBRUARY, 2007. PHYLLIS M. MORRIS, MAYOR B. PANIZZA, TOWN CLERK -3- SUPPLEMENTAL MATERIAL FOR SPECIAL COUNCIL MEETING Thursday, February 22, 2007 a) Extract from Procedural By-law 4835-06.0 b) Memorandum from Director of Corporate Services and the CAO Re: Closed Session Meeting on February 13, 2007 c) Code of Ethics for Members of Council Extract From Procedural By-law 4835-06.0 OFFICE CONSOLIDATION Procedural By-law 4835-08.0 3.18 It shall be the duty of the Clerk to ensure that the minutes of each Regular Meeting, Public Planning Meeting and Special Council Meeting are made available to each Member no later than 48 hours after the holding of such Meeting. Confirmatory By-law 3.19 It shall be the practice of Council to enact a Confirmatory By-law at the end of every Council Meeting. Section 4 — Conduct of Meetings Duties of the Chair 4.1 The Chair of every Council meeting shall be the Mayor. In the absence or unavailability of the Mayor, the Chair shall be the Deputy Mayor. In the absence or unavailability of the Mayor and Deputy Mayor, the Chair shall be selected by those members of Council being present. 4.2 It shall be the duty of the Chair: (a) To open the meeting of the Council by taking the Chair, and calling the meeting to order. If the Mayor is the Chair, he/she shall wear the Mayor's Chain of Office; (b) To announce the business before the Council in accordance with the Agenda; To receive and submit to a vote, in the proper manner, all motions which do not contravene the rules and regulations of the Council and to declare the results of the vote, except where a recorded vote is called for; (d) To decline to put to a vote motions which infringe upon the rules of procedure; (e) To restrain the Members, within the rules of procedure, when engaged in debate; (f) To enforce on all occasions the observance of order and decorum among the Members and the provisions of this By-law; (g) To authenticate, by his/her signature when necessary, all By-laws, resolutions and minutes of the Council; (h) To inform the Members on any point of order; and (i) To adjourn the meeting without the question being put or to suspend or recess the sifting for a time to be named, if it is considered necessary by virtue of a grave disorder or other disruption arising in the course of the meeting. i (11) OFFICE CONSOLIDATION Procedural By-law4835-06.0 Deputy Mayor 4.3 The Council shall appoint by By-law the Member who received the highest number of votes to be elected to act in the place and stead of the Mayor when the Mayor is absent from the municipality, or is absent through illness, or refuses to act, or his office is vacant. Such appointee shall be known as the Deputy Mayor and shall have all of the duties, rights, powers and authority of the Mayor during such absence, refusal to act, or vacancy of office. Conduct of Members 4.4 No Member shall: (a) Use offensive words, inappropriate actions or unparliamentary language in or against the Council or against any Member of Council or any staff member or any member of the public; (b) Speak on any subject other than the subject in debate; (c) Criticize any decision of the Council except forthe purpose of moving that the question be reconsidered; (d) Disobey the rules of procedure of the Council or a decision of the Chair or of the Council on questions of order or practice or upon the interpretation of the rules of the Council. Where a Member persists in any such disobedience after having been called to order by the Chair, the Chair may order that such Member leave his/her seat for the duration of the meeting of the Council, but if the Member apologizes he/she shall be permitted to retake his/her seat. Improper Conduct 4.5 (a) Improper conduct shall be deemed to exist where any person breaches the rules of procedure or interrupts the proceedings of Council such that continuation of the meeting is rendered difficult or impossible. (b) Where a person has, in the opinion of the Chair, been guilty of improper conduct at any meeting, the Chair may expel or exclude any such person from the meeting. (c) In order to expel or exclude such person, the Chair may require the security personnel for the Town or such other persons as are present to take such reasonable measures as are necessary to exclude or expel the person whose conduct has been improper and such measures may include involving police assistance. Suspension of Procedural Requirements 4.6 (a) The provisions of this By-law shall be observed in all proceedings of Council and its Committees, except that the rules and regulations contained herein may be suspended by a two-thirds majority vote of the Members present. (12) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 (b) A motion to suspend the rules of procedure required by this By-law shall not be debatable or amendable. (c) A motion to suspend the rules shall not be applicable to Section 5.20, Reconsideration. Statutory Hearings 4.7 Hearings required by statute shall be undertaken in accordance with the prescription and procedure outlined in the relevant statute or as otherwise directed by law. Rules of Order 4.8 In all circumstances in the proceedings of the Council or in Committee not provided for in this By-law, resort shall be had to Bourinot's Rules of Order as a rule for guidance on the question, and in such cases, the decision of the Chair shall be final and acquiesced in without debate. Conflicts and Disclosures of Interest 4.9 All Members of Council and its Committees shall govern themselves in accordance with the requirements of applicable conflict or disclosure of interest legislation with respect to matters noted therein, including disclosures of pecuniary interests, receipt of gifts, recompense or other benefit not in accordance with applicable law and attempts to use information gathered through the Council or Committee process for personal financial gain, where such information is not generally available to members of the public. Section 5 - Rules of Debate Debate 5.1 (a) Every Memberwho wishes to speak to any motion shall raise his/her hand to be recognized by the Chair and, upon being recognized, shall address the Chair. (b) When two or more Members indicate that they desire to speak, the Chair shall recognize the Member who first indicated his or her desire to speak. (c) Members shall remain seated at all times during the meeting except that a motion, which requires no seconder, may be made that any Member who has risen "BE NOW HEARD". When the Chair calls for the vote on such a motion, each Member shall occupy his/her seat and shall remain in their place until the result of the vote has been declared, and during such time no Member shall rise or speak to any other Member or make any noise or disturbance. No Member shall speak to the motion nor shall any other motion be made until after the vote is taken and the result has been declared. (13) OFFICE CONSOLIDATION Procedural By-law 4835-OB.0 (b) Notice of all meetings of Council shall be provided to the public by placing a copy of the Agenda on the counter of the Corporate Services Deptartment in the Town Hall by posting an electronic version of the Agenda on the Town's web site, and by making a copy of the Agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list with the Municipal Clerk, not less than twenty-four (24) hours prior to the said meeting. Notwithstanding the foregoing, where such meeting is a Special meeting called pursuant to this By-law and it is not possible to provide the aforementioned notice, the Municipal Clerk shall make reasonable efforts to provide notice to those concerned. Open Meetings - Exceptions 2.8 (a) Except as provided in this section, all meetings shall be open to the public. (b) A meeting or part of a meeting may be closed to the public if the subject matter being considered is: the security of the property of the municipality or local board; ii. personal matters about an identifiable individual, including municipal or local board employees; iii. a proposed or pending acquisition or disposition of land for municipal or local board; iv. labour relations or employee negotiations; litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; vi. advice that is subject to solicitor -client privilege, including communications necessary for that purpose; and vii. a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act. (c) A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the Council, Board, Commission or other body is the head of an institution for the purposes of that Act. (d) Before holding a meeting or part of a meeting that is to be closed to the public, a municipality or local board or committee of either of them shall state by resolution, the fact of the holding of the closed meeting; and the general nature of the matter to be considered at the closed meeting. (4) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 (e) Subject to subsection (f) a meeting shall not be closed to the public during the taking of a vote. (f) A meeting may be closed to the public during a vote if, subsection ii. or iii. permits or requires the meeting to be closed to the public; and ii. the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board. (g) Formal minutes will be taken at all closed session meetings of Council or its committees or its local boards and such minutes will be under the care and control of the Town Clerk and not made public. (h) As part of Council's or its Committees' closed session deliberations, a determination will be made by Council or Committee members as to when the matter(s) will be ratified publicly by Council or its Committees to the extent that the public interest permits. At no time will Committees report publicly, since closed session deliberations must only be reported to General Committee. (i) All information, documentation or deliberations received, reviewed or provided in a closed session meeting is confidential. Members of Council shall not release, reproduce, copy or make public any information or material considered at a closed session meeting, or discuss the content of such a meeting with persons other than members of Council or relevant staff members, prior to it being reported in public by Council. Q) While in closed session, members of Council will determine how and when information concerning the matters dealt with shall be reported out publicly. By way of examples, matters dealt with in closed session can either be ratified in open Council immediately after the closed session or at a future scheduled Council meeting. (k) Upon the reporting out of any closed session agenda item, any individual members may express their own personal position on the item, but shall not refer to or discuss the specific positions or opinions (written or verbal) of other members of Council or Town staff. (1) The agenda or any other support items for consideration by Council or its committees in closed session shall not be released to the public in advance of the closed session meeting or priorto the time agreed upon for public ratification by Council. (5) Iluk AURORA n113n YoWr& 1, gpod, cowtvxy MEMORANDUM Date: February 22, 2007 To: Mayor Morris From: Bob Panizza, Director of Corporate Services John Rogers, Chief Administrative Officer Re: Closed Session Meeting February 13, 2007 In response to your inquiry, at the Council Meeting of February 13, 2007, Councillor MacEachern presented a written request that a legal matter be added to the Closed Session Meeting. This matter was subsequently voted upon by Council and it was included with the Closed Session Agenda. It is staff's opinion that proper protocol was followed with the introduction of the item in accordance with the Procedural By-law, and by supporting the motion Council sanctioned the addition of the legal matter to the Closed Session Agenda. Furthermore based on the nature of the discussion that was presented at the meeting, it is staff's opinion that it was appropriate to include this matter in a Closed Session meeting. 0 Bob Panizza Director of Corporate Services John S. Rogers Chief Administrative Officer FVC.. Town of Aurora CODE OF ETHICS for MEMBERS OF COUNCIL vwn. of 4 A Place We're Proud To GII Home. May 1997 Town of Aurora CODE OF ETHICS for Members of Council Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council are held to a high standard as leaders of the community and they are expected to become well informed on all aspects of municipal governance, administration, planning and operations. They are also expected to carry out their duties in a fair, impartial, transparent and professional manner. The key stakeholders, although obvious at first, represent a broad base of interests and concerns which require fair and open attention, adjudication and disposition. These key stakeholders include but are not limited to; ° Residents ° Taxpayers ° Staff ° Development Industry a Ratepayers Associations ° Chambers of Commerce ° Province of Ontario (G.T.S.B., G.T.A.) ° Region of York ° School Boards and Other Public Agencies ° Suppliers ° Other Members of Council To assist Town of Aurora Members of Council in interacting effectively with all stakeholders, the following obligations -are expected of each of them; a) That they solemnly promise, declare and carry out their responsibilities as prescribed in the oath of office b) That they subscribe to the principles within the Town of Aurora Corporate Values Document c) That they learn and follow the Procedural By-law for Council and its Committees d) That they read, understand and follow the provisions of the Municipal Act and Municipal Conflict of Interest Act which apply directly and indirectly to the role of Member of Council e) That they read, understand and strive to further the objectives articulated in the Town's Strategic Plan A "Code of Ethics" for Members of Council has been prepared for their personal review and reference so as to; i) augment communication to the public in the role and integrity of municipal politicians in the Town of Aurora, ii) to provide present and future Councils with additional assistance and guidelines as they perform their elected duties and responsibilities, and iii) to assist Members of Council in providing leadership by example to staff. It is hoped that this will be viewed by each Member of Council as a valuable added resource and guideline to assist them in fulfilling their mandate in an effective, open and efficient manner. Town of Aurora CODE OF ETHICS for Members of Council The Town of Aurora's Members of Council fundamentally understand that; a) the proper operation of democratic and representative municipal government requires that they be independent, impartial and responsible to the people, b) there are open and proper channels for decision making and approval of policy, c) conflicts between private interests and public responsibilities are unacceptable and must be avoided, and d) as leaders of the community, they are held to a higher standard of behaviour and conduct. Although areas of ethical exposure are generally consistent and understood in municipal governance, the following areas and guidelines have been specifically identified in our community, as being paramount to the municipal political process; I. Roles and Obligations 2. Use of Information 3. Communications and Media Relations 4. Relationships with Staff 5. Gifts and Benefits 6. Conflicts of Interest 7. Use of Property 8. Transparency 9. Public Input 10. Professional Development Accordingly this document will provide a guideline for elected officials in exercising their policy making role having regard to the statements and ideals as enunciated hereunder. Roles and Obligations Council Members recognize their mandate incorporates tasks to include; Fairly representing the diversity of community views in developing an overall strategy for the future of our Town Setting objectives and determining strategies to achieve Council's Corporate objectives in the Strategic Plan Town of Aurora CODE OF ETHICS for Members of Council Page 3 Achieving sound financial management, planning and accountability Being aware of and conversant with the statutory obligations imposed on Council as a whole, as well as each individual Member of Council 2. Use of Information In their decision making process, Members of Council are sometimes privy to information which may be confidential or controversial such as, but not limited to "In Camera" meetings. It is expected that they will; • Use "insider" information appropriately, so as not to be used to their personal advantage • Use confidential information appropriately so as not to cause detriment or benefit to others • Respect the status of confidential (personnel, legal, property acquisition) information until the matter ceases to be confidential as determined by Council • Understand that they enjoy the same access rights to municipal information as any other member of the community, unless it is specifically relevant to a matter before the Council • Only release information according to the provisions of the Municipal Freedom of Information and Protection of Individual Privacy Act. Communications and Media Relations Members of Council will accurately and adequately communicate the attitudes and decisions of Aurora's Council, even if they disagree with a majority decision of Council so that; • There is respect for the decision making processes of Council • Official information related to decisions and resolutions made by Council will normally be communicated in the first instance to the community and the media in an official capacity by the Mayor or designate. • Information concerning adopted policies, procedures and decisions of the Council is conveyed openly and accurately. • Confidential information will be communicated only when and after determined by Council. Town of Aurora CODE OF ETHICS for Members of Council Page 4 4. Relationships with Staff and Other Members of Council Members of Council will; • Read and respect the guidelines contained in the "Complimentary Roles and Responsibilities of Council and the Administration' document. • Acknowledge that only Council as a whole has the capacity to direct staff members to carry out specific tasks or functions. • Refiain from using their position to improperly influence members of staff in their duties or functions or to gain an advantage for themselves or others. • Refrain from publicly criticizing individual members of staff in a way that casts aspersions on their professional competence and credibility. Gifts and Benefits Members of Council will only; Accept gifts, hospitality or entertainment of a nominal value that could not be reasonably construed as being given in anticipation or recognition of special consideration by the Corporation. Accept hospitality or entertainment if the offer is infrequent (less than 2 or 3 times a year) and appropriate to the occasion. In these circumstances it is assumed that the nature of the business discussed is important enough to the Town that reciprocal arrangements should openly be made and charged to the Town. Members of Council will; Acknowledge that the Mayor will in his/her role, periodically receive and distribute ceremonial or other similar items 6. Conflicts of Interest Members of Council will recognize their obligations to; Follow and respect both the letter and spirit of the provisions of the Municipal Act and the Municipal Conflict of Interest Act, 1994, as amended from time to time. Town of Aurora CODE OF ETHICS for Members of Council Page 5 Use of Property Members of Council will; only use Town property, equipment, supplies or services of consequence, for activities connected with the discharge of official duties or associated community activities having' the sanction of Council or its Committees. 8. Transparency &Openness in Decision Making Members of Council will endeavour to; conduct and convey Council business in an open and public manner (other than for those decisions of a personnel, legal or property acquisition matter) so that stakehofaers can obtain the process, logic and rationale which was used to reach conclusions or decisions. 9. Public Input Council will periodically use formal and informal opportunities to seek public input as a component of the decision making process which have broad impacts on the community. The purpose of the exercise will be to provide stakeholders with a mechanism to provide opinions and advice so that the widest range of views and information is available before final decisions are made. 10. Professional Development Members of Council have an obligation to promote, support, pursue and partake in opportunities for professional development, including but not limited to; • AMO Conference • Ministry of Municipal Affairs and Housing seminars • Provincial Professional Association Training Institutes (OGRA, AMCTO, PRO, etc.) • Provincial Municipal Council orientation sessions Council Members are encouraged to stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage of their duties and responsibilities. Town of Aurora CODE OF ETHICS for Members of Council Page 6 IMPLEMENTATION • At the beginning of each term, Members of Council will be expected to sign two copies of the Code of Ethics Document (one for themselves and one for the Clerk's Office) to convey to each other and all stakeholders that they have read, understand and accept it. A Code of Ethics component will be included as part of the orientation workshop for each new Council. Council Members are expected to formally and informally review their adherence to the provisions of the Code on a regular basis or when so requested by Council.