Item - 2011.EX4.7

Tracking Status

EX4.7 - Amendments to Public Appointments Policy

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 12 and 13, 2011, adopted the following:

 

General Policy

 

1.         City Council establish the schedule for public appointments as follows:

 

a.         Council consider the Public Appointments Policy as one of its first policy issues in each term; and

 

b.         The recruitment process begin following the approval of the Policy and be spread over 6 months to even out the workload of the Civic Appointments Committee with priority given to boards with vacancies, the Library Board, and the Committee of Adjustment.

 

2.         City Council direct that, in addition to the principles of openness, competition, and equity, impartiality be added as a principle in Section 1.4 of the Policy to mean that the selection process is conducted at arm's length from the boards being recruited and staff that report to the board.

 

3.         City Council amend the Public Appointments Policy by adding a clause that clarifies that all board members and staff of boards may encourage qualified candidates to apply through the open advertised process, but may not provide references for nor endorse or recommend through the recruitment process any candidates being considered by the Civic Appointments Committee, in keeping with the existing clause 5.6 that restricts Members of Council from providing references for or endorsing candidates given that Council's Code of Conduct extends to board members.

 

4.          a.       City Council direct that the recruitment methods set out in the Public Appointments Policy be replaced with:

 

Type 1:   Advertised Recruitment that includes web-based, local and City-wide advertising

 

Type 2:   Interest Group Nomination where designated stakeholder groups, users, partners, professional organizations or other interest groups nominate one or more positions

 

Type 3:   Membership-Based Nomination used for community-based boards such as BIAs and AOCCs or the tenant representatives for TCHC where members elect nominees;

 

b.         City Council direct that the Nomination by Invitation method be eliminated and replaced by an open advertised recruitment process through the Civic Appointments Committee for the members formerly chosen by the Invitation method; and

 

c.         City Council direct that Type 1 Recruitment Method, as set out in Recommendation 4a above, apply to all corporation boards with the option of using a search consultant to augment the applicant pool.

 

5.         City Council amend the Public Appointments Policy to require that alternates be named for every board recruited through an advertised process in order to avoid a costly recruitment process to fill vacancies during the term and that the Civic Appointments Committee be required to obtain Council approval for additional advertising expenditures prior to directing staff to conduct a full advertised recruitment process to fill vacancies as they occur during the term.

 

6.         City Council require all agencies and corporations to submit records of attendance at board and committee meetings for incumbent members during the previous term for the information of the nominating panel.

 

7.                   City Council require all nominees nominated by external bodies to submit applications which may include their resumes to the relevant nominating panel along with their nomination so that the City is aware of the background of all members appointed to boards of the City.

 

8.         City Council amend the Public Appointments Policy to add a clause that clarifies that any board may establish any number of committees and appoint members who may or may not be board members as long as the board does not delegate to committees that have non-board members any final decision-making authority.

 

9.         City Council authorize the City Manager to make minor wording changes to the Public Appointments Policy to update terminology and titles, clarify existing processes, and reflect use of new technologies.

 

10.       City Council direct the City Manager to report how the equity targets in Section 1.4, Open, Competitive and Equitable Process, of the Public Appointments Policy have been met and such report to accompany the Civic Appointment Committee recommendations for appointment to City Council.

 

11        City Council direct that at the beginning of each new term of Council, a presentation on good governance practices from a third party expert be given to the Executive Committee as it relates to public appointments to the City's agencies, boards and commissions; and further, and that members of the Striking and Civic Appointments Committees be invited to attend.

 

12.       Unless their membership is established by legislation or shareholder direction, City Council set the membership for all City agencies, boards, commissions and corporations at a minimum of 11 members:

 

a.         at least 3 of whom shall be Members of Council, appointed by City Council; and

 

b.         1 of whom shall be the Mayor or a designate appointed by the Mayor.

 

            Part 12 above does not apply to the following agencies, board, commissions and corporation:

 

Committee of Adjustment

Committee of Revision

Compliance Audit Committee

Toronto Police Services Board

Toronto Community Housing Corporation

 

13.       City Council direct that any agency, board, commission or corporation wishing to alter their Membership be required to obtain the consent of City Council.

 

Specific Boards

 

14.               City Council extend to all quasi-judicial and adjudicative bodies (identified in Appendix 2 to the report (March 9, 2011) from the City Manager) the restriction currently in place for the Toronto Licensing Tribunal that former Council Members who served in the immediately preceding term of Council are ineligible for appointment as public members.

 

15.               City Council direct that eligibility for appointment to the Toronto Licensing Tribunal be amended to provide that individuals are ineligible if they are current City license-holders or are engaged in the business of a corporate licence-holder or do not pass the required written test.

 

16.               City Council expand the qualifications to include a youthful perspective (age range 18 to 30) as a desired qualification for at least one member of the following boards:

 

i.          Toronto Public Library Board

ii.         Board of Management of the Toronto Zoo

iii.        Board of Health

iv.        Exhibition Place Board of Governors

v.         Sony Centre for the Performing Arts

vi.        St. Lawrence Centre for the Arts

vii.       Toronto Centre for the Arts

viii.      Toronto and Region Conservation Authority.

 

17.               City Council direct that the standard process for all public members, where the Civic Appointments Committee short-lists, interviews, and nominates candidates and a corporate staff review team including a staff representative for the board conducts the initial screening of applicants for eligibility and qualifications, apply to the following boards:

 

i.          Toronto Public Library Board

ii.         Sony Centre for the Performing Arts

iii.        St. Lawrence Centre for the Arts

iv.        Toronto Centre for the Arts

v.         Board of Management of the Toronto Zoo

vi.        Board of Health

vii.       Toronto Atmospheric Fund.

 

18.        City Council amend the Sony Centre for the Performing Arts and the Toronto Centre for the Arts as follows:

 

a.         The composition of these boards be changed to the Mayor or a designate appointed by the Mayor, 3 Council Members and 8 public members nominated through the standard open advertised process through the Civic Appointments Committee and that the Sony Centre for the Performing Arts and the Toronto Centre for the Arts recommend to the Civic Appointments Committee at the beginning of the term the balance of business and arts backgrounds they would prefer to meet their needs; and

 

b.         Public appointees collectively demonstrate a range of qualification including financial management, hospitality services, knowledge of the performing arts industry and facilities management, fundraising, marketing and sponsorship, law, or expertise and linkages in the diverse cultural community.

 

19.       City Council amend the St. Lawrence Centre for the Arts as follows:

 

a.         The composition of this board be changed to the Mayor or a designate appointed by the Mayor, 3 Council Members, 2 tenant members (nominated by the Tenant Advisory Committee when established) and 6 public members nominated through the standard open advertised process through the Civic Appointments Committee and that the St. Lawrence Centre for the Arts board recommend to the Civic Appointments Committee at the beginning of the term the balance of business and arts backgrounds they would prefer to meet its needs;

 

b.         Public appointees collectively demonstrate a range of qualification including financial management, hospitality services, knowledge of the performing arts industry and facilities management, fundraising, marketing and sponsorship, law, or expertise and linkages in the diverse cultural community; and

 

c.         To maintain a meaningful tenant input for the St. Lawrence Centre, the board establish a Tenant Advisory Committee as a standing committee of the board.

 

20.               City Council direct that, since the current composition of the Board of Management of the Toronto Zoo requires nomination by the now discontinued Toronto Zoo Foundation and to implement other changes recommended in the report (March 9, 2011) from the City Manager, the Board of Management of the Toronto Zoo be amended as follows:

 

a.         The composition be changed to the Mayor or a designate appointed by the Mayor, 3 Members of Council and 8 public members.

 

b.         Public members of the Zoo Board collectively demonstrate a range of qualifications including financial management, tourism/attractions marketing, knowledge of zoos and the role they play in wildlife conservation, education, large scale fund-raising or public-private partnerships, leadership and partnership development, or general public sector board experience.

 

21.       City Council set the size and composition of the Toronto Public Library Board at 12 members comprised of the Mayor or designate appointed by the Mayor and 3 other Council Members plus 8 public members, to take effect at the end of this current Council term.

 

22.        City Council amend the composition of the Yonge-Dundas Square Board of Management to replace 2 of the 4 BIA representatives and one nominee of each of the Yonge Street Mission and the Toronto Theatre Alliance with 5 at-large members recruited through an open advertised process through the Civic Appointments Committee, to appoint the Mayor or a designate appointed by the Mayor and 3 Members of Council,  resulting in a total of 14 voting members, with the understanding that the Board of Management may invite whomever it wishes to provide on-going advice at board meetings including the Yonge Street Mission, the Toronto Theatre Alliance and additional members of the BIA.

 

23.       City Council request the Provincial government and the CNE Association to amend the CNE Act to reduce the number of City of Toronto Councillors on the CNE Association, Municipal Section from 16 to 12.

 

24.               City Council amend the public member qualification to require that at least one member have financial management expertise for Invest Toronto, Build Toronto, Toronto Community Housing Corporation, and Toronto Hydro.

 

25.       City Council require that, as previously directed, an open advertised City process be used to recruit the at-large public members of all arena boards as outlined in Appendix 1 of the report (March 9, 2011) from the City Manager; and the composition of the arena boards be established at a minimum of 11 members including the Mayor or a designate appointed by the Mayor and 3 Members of Council.

 

26.       City Council request the City Manager to meet with each of the City's eight arena boards for the purpose of discussing with them the intent, effect and implementation of the Part 25 above.

 

27.       City Council direct that Part 25 above be implemented in respect of each arena board only upon the earlier of the date on which the above described meeting has taken place with the board in question or ninety days following the date of approval of this provision.

 

28.       City Council request the City Manager report to the Executive Committee with a summary of its discussion with the arena boards.

 

29.               City Council amend the City policy respecting the composition of the Debenture Committee and Waterfront Toronto to permit the Mayor to name a Council Member as his designate through the Striking Committee, and for Invest Toronto the Chair of the City Economic Development Committee be appointed Chair in the place of the Mayor if the Mayor appoints a designate.

 

Implementation

 

30.       City Council direct that, where the current number of Council Members is being reduced through implementation of these recommendations, the composition of the boards impacted be temporarily amended to permit the current number of Council Members to continue serving on the board until the mid-term when Council Member appointments are normally adjusted.

 

31.               City Council authorize the City Manager, in consultation with the City Solicitor, to amend any and all relationship frameworks, shareholder directions, policies, websites, or other documents to reflect the recommendations of this report as approved by Council and ensure that agency by-laws and other documents are amended to bring them into compliance with these directions and the prevailing legal requirements.

 

32.               City Council authorize the City Solicitor to bring forward any necessary amendments to City by-laws or the Municipal Code including bills giving effect to decisions to change local boards under s. 145 of the City of Toronto Act, 2006 or to take any other action she deems necessary to implement the recommendations in the report (March 9, 2011) from the City Manager as approved by Council.

 

33.       City Council receive the following attachments to the report (April 11, 2011) from the City Manager, in response to questions raised in debate at Executive Committee:

 

a.         Comments From Agencies Regarding Size and Composition of the Boards

 

b.         Council's Governance Authority Respecting City Agencies (including selection of the Chair)

 

c.         Summary of Council Appointments of Councillors to City and External Agencies

 

d.         The Role of Board Members (and Members of Council specifically)

 

e.         Remuneration Policy for Public Members serving on City Agency and Corporation boards

 

f.          Status of Agency Procedure By-laws.

City Council Decision Advice and Other Information

City Council considered Executive Committee Items EX4.6 and EX4.7 together.

Background Information (Committee)

(March 9, 2011) Staff Report, as revised on authorty of Executive Committee - Amendments to Public Appointments Policy
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-36607.pdf
(March 21, 2011) Presentation - Managing Through Agencies and Corporations & Public Appointments Policy
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-36742.pdf

Background Information (City Council)

(April 11, 2011) supplementary report from the City Manager (EX4.6a and EX4.7a)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-37415.pdf

Communications (Committee)

(March 16, 2011) Letter from John P. Wilson, Chair, Task Force to Bring Back the Don (EX.Supp.EX4.7.1)
(March 18, 2011) E-mail from James L. Robinson, Executive Director, Downtown Yonge Business Improvement Area (EX.Main.EX4.7.2)
(March 21, 2011) Letter from Miguel Avila (EX.Main.EX4.7.3)
(March 21, 2011) Letter from Maureen O'Reilly, President, TPLWU Local 4948 (EX.Main.EX4.7.4)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Janet Davis (Lost)

That:

 

1.         City Council amend Executive Committee Recommendation 11, by renumbering the current Recommendation as 11a. and by adding a Recommendation 11b. that reads:

 

b.         Where the current Public Appointments Process for any of the above Boards includes a recruitment or nominating process conducted by the Board, the new appointments process include a continued role for members of the agency nominating committees, in cooperation with the Civic Appointments Committee, for the recruitment, short-listing and interviewing of candidates.

Vote (Amend Item) Apr-12-2011 6:02 PM

Result: Lost Majority Required - EX4.7 - Davis - motion 1
Total members that voted Yes: 19 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 24 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

2 - Motion to Amend Item moved by Councillor Josh Matlow (Carried)

That Executive Committee Recommendation 12a be amended as follows:

 

1.         The St. Lawrence Centre for the Arts composition include 2 tenant members (nominated by the Tenant Advisory Committee when established) on the Board.

Vote (Amend Item) Apr-12-2011 6:04 PM

Result: Carried Majority Required - EX4.7 - Matlow - motion 2
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Josh Colle, Frank Di Giorgio, Norman Kelly, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, David Shiner
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

3 - Motion to Amend Item moved by Councillor Chin Lee (Lost)

That City Council amend Executive Committee Recommendation 14 as follows::

 

1.                   Council amend Executive Committee Recommendation 14 of report EX4.7 to set the size and composition of the Toronto Public Library Board at 13 members comprised of the Mayor or designate and 3 other Council Members plus 9 public members, to take effect at the end of this current Council term; and that recommendations 10 and 11 remain unchanged respecting the Library Board.

 

Vote (Amend Item) Apr-12-2011 6:05 PM

Result: Lost Majority Required - EX4.7 - Lee - motion 3
Total members that voted Yes: 21 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 22 Members that voted No are Paul Ainslie, Ana Bail„o, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

4 - Motion to Amend Item moved by Councillor Doug Holyday (Amended)

That City Council adopt the following Recommendations 1 to 6, and 8 and 9 contained in the report (April 11, 2011) from the City Manager [EX4.6a/EX4.7a]:

 

1.         Council amend Executive Committee Recommendation 14 of report EX4.7 to set the size and composition of the Toronto Public Library Board at 11 members comprised of the Mayor or designate and 2 other Council Members plus 8 public members, to take effect at the end of this current Council term; and that recommendations 10 and 11 remain unchanged respecting the Library Board.

 

2.         Council amend Executive Committee Recommendation 15 of report EX4.7 to read:

 

Council amend the composition of the Yonge-Dundas Square Board of Management to replace 2 of the 4 BIA representatives and one nominee of each of the Yonge Street Mission and the Toronto Theatre Alliance with 5 at-large members recruited through an open advertised process through the Civic Appointments Committee resulting in a total of 11 voting members.

 

with the understanding that the Board of Management may invite whomever it wishes to provide on-going advice at board meetings including the Yonge Street Mission, the Toronto Theatre Alliance and additional members of the BIA.

 

3.         Council replace Recommendation 12 of Executive Committee report EX4.7 with:

 

Council amend the Sony Centre for the Performing Arts, the St. Lawrence Centre for the Arts, and the Toronto Centre for the Arts as follows:

 

a.         The composition of the boards be changed to 3 Council Members and 8 public members nominated through the standard open advertised process through the Civic Appointments Committee and that each of the theatre boards recommend to the Civic Appointments Committee at the beginning of the term the balance of business and arts backgrounds they would prefer to meet their needs;

 

b.         Public appointees collectively demonstrate a range of qualification including financial management, hospitality services, knowledge of the performing arts industry and facilities management, fundraising, marketing and sponsorship, law, or expertise and linkages in the diverse cultural community; and

 

c.         To maintain a meaningful tenant input for the St. Lawrence Centre, the board establish a Tenant Advisory Committee as a standing committee of the board.

 

4.         Council amend Executive Committee Recommendation 13(a) of report EX4.7 to set the size and composition of the Board of Management of the Toronto Zoo to 3 Council Members and 8 public members.

 

5.         Council amend the Public Appointments Policy to add a clause that clarifies that any board may establish any number of committees and appoint members who may or may not be board members as long as the board does not delegate to committees that have non-board members any final decision-making authority.

 

6.         Council amend the Public Appointments Policy by adding a clause that clarifies that all board members and staff of boards may encourage qualified candidates to apply through the open advertised process, but may not provide references for nor endorse or recommend through the recruitment process any candidates being considered by the Civic Appointments Committee, in keeping with the existing clause 5.6 that restricts Members of Council from providing references for or endorsing candidates given that Council's Code of Conduct extends to board members.

 

8.         Council declare that the existing positions of Rooming House Licensing Commissioner and Deputy Commissioner be reorganized as a city board with the hearing functions unchanged and the Commissioner serving as chair of the board.

 

9.         Council receive the following attachments to this report (Attachments 1 to 6) in response to questions raised in debate at Executive Committee:

 

a.         Comments From Agencies Regarding Size and Composition of the Boards

 

b.         Council's Governance Authority Respecting City Agencies (including selection of the Chair)

 

c.         Summary of Council Appointments of Councillors to City and External Agencies

 

d.         The Role of Board Members (and Members of Council specifically)

 

e.         Remuneration Policy for Public Members serving on City Agency and Corporation boards

 

f.          Status of Agency Procedure By-laws.

 

(Amended by motion 6a by Councillor Perks.)

Vote (Amend Item) Apr-12-2011 6:07 PM

Result: Carried Majority Required - EX4.7 - Holyday- motion 4 - as amended
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 14 Members that voted No are Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Joe Mihevc, Ron Moeser, Gord Perks, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

5a - Motion to Amend Item moved by Councillor Josh Colle (Amended)

That:

 

1.         City Council amend Executive Committee Recommendation 13.a by increasing the number of Members of Council on the Board of Management of the Toronto Zoo from 2 to 4, so that recommendation 13.a now reads as follows:

 

13a.      The composition be changed to 4 Members of Council and 7 public members, one of whom is a nominee of the Board of the Toronto Region Conservation Authority;

 

2.         2.        City Council amend Executive Committee Recommendation 17 by deleting the words "be a qualified accountant or" and the word "comparable" so that recommendation 17 now reads as follows:

 

17.               City Council amend the public member qualification to require that at least one member have financial management expertise for Invest Toronto, Build Toronto, Toronto Community Housing Corporation, and Toronto Hydro.

Vote (Amend Item) Apr-12-2011 6:09 PM

Result: Carried Majority Required - EX4.7 - Colle - motion 5a - Part 2 only
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Doug Holyday, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Mike Del Grande, Rob Ford, Norman Kelly, Ron Moeser, Frances Nunziata (Chair), David Shiner
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz
Ruling by Councillor Frances Nunziata
Speaker Nunziata ruled Part 1 of motion 5a by Councillor Colle redundant.


5b - Motion to Amend Item (Additional) moved by Councillor Josh Colle (Carried)

That City Council direct that at the beginning of each new term of Council, a presentation on good governance practices from a third party expert be given to the Executive Committee as it relates to public appointments to the City's agencies, boards and commissions; and further, and that members of the Striking and Civic Appointments Committees be invited to attend.

Vote (Amend Item (Additional)) Apr-12-2011 6:12 PM

Result: Carried Majority Required - EX4.7 - Colle - motion 5b
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 18 Members that voted No are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Mike Del Grande, Frank Di Giorgio, Rob Ford, Mike Layton, Chin Lee, Josh Matlow, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, Gord Perks, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

6a - Motion to Amend Motion moved by Councillor Gord Perks (Carried)

That City Council delete Recommendation 8 of the supplementary report (April 11, 2011) from the City Manager [EX4.6a/EX4.7a].

 

Recommendation to be deleted

 

8.         Council declare that the existing positions of Rooming House Licensing Commissioner and Deputy Commissioner be reorganized as a city board with the hearing functions unchanged and the Commissioner serving as chair of the board.

Vote (Amend Motion) Apr-12-2011 6:06 PM

Result: Carried Majority Required - EX4.7 - Perks - motion 6A
Total members that voted Yes: 26 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 17 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

6b - Motion to Amend Item moved by Councillor Gord Perks (Lost)

That City Council delete recommendation 8 of the Executive Committee:

 

Recommendation 8 to be deleted

 

8.         City Council extend to all quasi-judicial and adjudicative bodies (identified in Appendix 2 to the report (March 9, 2011) from the City Manager) the restriction currently in place for the Toronto Licensing Tribunal that former Council Members who served in the immediately preceding term of Council are ineligible for appointment as public members.

 

and replace it with the following:

 

8.         City Council remove the restriction that former Council Members who served in the immediately preceding term of Council are ineligible for appointment as public members.

Vote (Amend Item) Apr-12-2011 6:13 PM

Result: Lost Majority Required - EX4.7 - Perks - motion 6b
Total members that voted Yes: 21 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 22 Members that voted No are Paul Ainslie, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

6c - Motion to Amend Item moved by Councillor Gord Perks (Lost)

In the event that motion 6b by Councillor Perks fails, City Council insert "Toronto Community Housing Corporation and" after the words "City Council extend to" so that it now reads as follows:

 

8.         City Council extend to Toronto Community Housing Corporation and all quasi-judicial and adjudicative bodies (identified in Appendix 2 to the report (March 9, 2011) from the City Manager) the restriction currently in place for the Toronto Licensing Tribunal that former Council Members who served in the immediately preceding term of Council are ineligible for appointment as public members.

Vote (Amend Item) Apr-12-2011 6:14 PM

Result: Lost Majority Required - EX4.7 - Perks - 6c
Total members that voted Yes: 18 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 25 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

7 - Motion to Amend Item moved by Councillor Kristyn Wong-Tam (Redundant)

That City Council delete Executive Committee Recommendation 15:

 

Recommendation 15 to be deleted:

 

15.       The composition of the Yonge-Dundas Square Board of Management be amended to replace 2 of the 4 BIA representatives and one nominee of each of the Yonge Street Mission and the Toronto Theatre Alliance with 4 at-large members recruited through an open advertised process through the Civic Appointments Committee.

 

and replace it with the following:

 

15.       City Council amend the composition of the Yonge-Dundas Square Board of Management to retain 1 ward Councillor, to retain 4 of the 4 BIA representatives, to retain 5 of the 5 local interest group nominees, to retain 4 of the 4 non-voting staff members and to expand 4 new at-large public member positions to be recruited through an open advertised process through the Civic Appointments Committee. The Chair of the Board is to be selected by the members of Board.

Ruling by Councillor Frances Nunziata
Speaker Nunziata ruled motion 7 by Councillor Wong-Tam redundant.


8 - Motion to Amend Item moved by Councillor Adam Vaughan (Carried)

1.         That, unless their membership is established by legislation or shareholder direction, the membership for all City agencies, boards, commissions and corporations be set at a minimum of 11 members:

 

                        a.   at least 3 of whom shall be Members of Council, appointed by City Council; and

 

                        b.   1 of whom shall be the Mayor or a designate appointed by the Mayor

 

2.         That any agency, board, commission or corporation wishing to alter their Membership be required to obtain the consent of City Council.

Vote (Amend Item) Apr-12-2011 5:58 PM

Result: Carried Majority Required - EX4.7 - Vaughan - motion 8
Total members that voted Yes: 24 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 19 Members that voted No are Paul Ainslie, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

9a - Motion to Amend Motion moved by Councillor Pam McConnell (Lost)

That motion 2 by Councillor Matlow be amended to add the 2 tenant representatives in addition that would result in the total board composition being 3 Council Members, 2 tenants and 8 members of the public for a total of 13.

Vote (Amend Motion) Apr-12-2011 6:03 PM

Result: Lost Majority Required - EX4.7 - McConnell - motion 9a
Total members that voted Yes: 21 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 22 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Josh Colle, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

9b - Motion to Amend Item (Additional) moved by Councillor Pam McConnell (Carried)

That the City Manager report how the equity targets in Section 1.4, Open, Competitive and Equitable Process, of the Public Appointments Policy have been met and such report to accompany the Civic Appointment Committee recommendations for appointment to City Council.

Vote (Amend Item (Additional)) Apr-12-2011 6:15 PM

Result: Carried Majority Required - EX4.7 - McConnell - motion 9b
Total members that voted Yes: 24 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 19 Members that voted No are Paul Ainslie, Michelle Berardinetti, Gary Crawford, Vincent Crisanti, Mike Del Grande, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

10 - Motion to Amend Item moved by Councillor John Parker (Carried)

That:

 

1.         The City Manager meet with each of the City's eight arena boards for the purpose of discussing with them the intent, effect and implementation of Executive Committee recommendation 18.

 

2.         Executive Committee Recommendation 18 be implemented in respect of each board only upon the earlier of the date on which the above described meeting has taken place with the board in question or ninety days following the date of approval of this provision.

 

3.         The City Manager  report to the Executive Committee with a summary of its discussion with the arena boards.

Vote (Amend Item) Apr-12-2011 6:16 PM

Result: Carried Majority Required - EX4.7 - Parker - motion 10
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Sarah Doucette, Paula Fletcher, Ron Moeser, Anthony Perruzza
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-12-2011 6:18 PM

Result: Carried Majority Required - EX4.7 - Adopt the item as amended
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, David Shiner, Michael Thompson
Total members that voted No: 11 Members that voted No are Shelley Carroll, Sarah Doucette, John Filion, Mike Layton, Josh Matlow, Pam McConnell, Joe Mihevc, Gord Perks, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

Motion to Reconsider Item moved by Councillor Gloria Lindsay Luby (Lost)

That City Council reconsider Item EX4.7 only for the narrow purpose of considering a clarification to Part 1 of Motion 8 by Councillor Vaughan as it pertains to the membership of certain City Service agencies.

Vote (Reconsider Item) Apr-12-2011 6:43 PM

Result: Lost Two-Thirds Required - EX4.7 - Reconsider Item
Total members that voted Yes: 26 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 17 Members that voted No are Paul Ainslie, Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Mark Grimes, Karen Stintz

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Davis's speaking time be extended so that she could complete her remarks.

Vote (Extend Speaking Time) Apr-12-2011 2:54 PM

Result: Carried Majority Required - EX4.6 & EX4.7 - Extend Councillor Davis' speaking time
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 14 Members that were absent are Maria Augimeri, Glenn De Baeremaeker, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mark Grimes, Giorgio Mammoliti, Peter Milczyn, Denzil Minnan-Wong, James Pasternak, Gord Perks, David Shiner, Karen Stintz

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Perks' speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Apr-12-2011 3:52 PM

Result: Carried Majority Required - EX4.6 & EX4.7 - Extend Councillor Perks' speaking time
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Gary Crawford, Mark Grimes
Total members that were Absent: 14 Members that were absent are Maria Augimeri, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Giorgio Mammoliti, Pam McConnell, Denzil Minnan-Wong, John Parker, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Vaughan's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Apr-12-2011 4:06 PM

Result: Carried Majority Required - EX4.6 & EX4.7 - Extend Councillor Vaughan's speaking time
Total members that voted Yes: 29 Members that voted Yes are Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, Doug Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Mike Del Grande, Mark Grimes
Total members that were Absent: 14 Members that were absent are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Glenn De Baeremaeker, John Filion, Paula Fletcher, Rob Ford, Giorgio Mammoliti, Pam McConnell, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor McConnell's speaking time be extended so that she could complete her remarks.

Vote (Extend Speaking Time) Apr-12-2011 4:23 PM

Result: Carried Majority Required - EX4.6 & EX4.7 - Extend Councillor McConnell's speaking time
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 13 Members that were absent are Ana Bail„o, Michelle Berardinetti, Glenn De Baeremaeker, Mike Del Grande, John Filion, Paula Fletcher, Mark Grimes, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong, David Shiner, Karen Stintz

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Mihevc's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Apr-12-2011 4:32 PM

Result: Carried Majority Required - EX4.6 & EX4.7 - Extend Councillor Mihevc's speaking time
Total members that voted Yes: 28 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Mike Layton, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Mark Grimes, Chin Lee
Total members that were Absent: 15 Members that were absent are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Josh Colle, Glenn De Baeremaeker, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, David Shiner, Karen Stintz, Adam Vaughan

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Carroll's speaking time be extended so that she could complete her remarks.

Vote (Extend Speaking Time) Apr-12-2011 4:48 PM

Result: Carried Majority Required - Extend Councillor Carroll's speaking time
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Rob Ford, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, John Parker (Chair), Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mark Grimes
Total members that were Absent: 19 Members that were absent are Maria Augimeri, Josh Colle, Vincent Crisanti, Glenn De Baeremaeker, Paula Fletcher, Doug Ford, Mary Fragedakis, Mike Layton, Giorgio Mammoliti, Josh Matlow, Ron Moeser, Frances Nunziata, Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Fletcher's speaking time be extended so that she could complete her remarks.

Vote (Extend Speaking Time) Apr-12-2011 5:12 PM

Result: Carried Majority Required - Extend Councillor Fletcher's speaking time
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Mary-Margaret McMahon, Ron Moeser, Cesar Palacio, John Parker (Chair), Gord Perks, Anthony Perruzza, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mark Grimes
Total members that were Absent: 17 Members that were absent are Maria Augimeri, Raymond Cho, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Perruzza's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Apr-12-2011 5:26 PM

Result: Carried Majority Required - EX4.6 & EX4.7 - Extend Councillor Perruzza's speaking time
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Mark Grimes, Ron Moeser
Total members that were Absent: 20 Members that were absent are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mike Layton, Chin Lee, Pam McConnell, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, John Parker, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz

EX4.7 - Amendments to Public Appointments Policy

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

General Policy

 

1.         City Council establish the schedule for public appointments as follows:

 

a.         Council consider the Public Appointments Policy as one of its first policy issues in each term; and

 

b.         The recruitment process begin following the approval of the Policy and be spread over 6 months to even out the workload of the Civic Appointments Committee with priority given to boards with vacancies, the Library Board, and the Committee of Adjustment.

 

2.         City Council direct that, in addition to the principles of openness, competition, and equity, impartiality be added as a principle in Section 1.4 of the Policy to mean that the selection process is conducted at arm's length from the boards being recruited and staff that report to the board.

 

3.          a.       City Council direct that the recruitment methods set out in the Public Appointments Policy be replaced with:

 

Type 1:   Advertised Recruitment that includes web-based, local and City-wide advertising

 

Type 2:   Interest Group Nomination where designated stakeholder groups, users, partners, professional organizations or other interest groups nominate one or more positions

 

Type 3:   Membership-Based Nomination used for community-based boards such as BIAs and AOCCs or the tenant representatives for TCHC where members elect nominees;

 

b.         City Council direct that the Nomination by Invitation method be eliminated and replaced by an open advertised recruitment process through the Civic Appointments Committee for the members formerly chosen by the Invitation method; and

 

c.         City Council direct that Type 1 Recruitment Method, as set out in Recommendation 3a above, apply to all corporation boards with the option of using a search consultant to augment the applicant pool.

 

4.         City Council amend the Public Appointments Policy to require that alternates be named for every board recruited through an advertised process in order to avoid a costly recruitment process to fill vacancies during the term and that the Civic Appointments Committee be required to obtain Council approval for additional advertising expenditures prior to directing staff to conduct a full advertised recruitment process to fill vacancies as they occur during the term.

 

5.         City Council require all agencies and corporations to submit records of attendance at board and committee meetings for incumbent members during the previous term for the information of the nominating panel.

 

6.                  City Council require all nominees nominated by external bodies to submit applications which may include their resumes to the relevant nominating panel along with their nomination so that the City is aware of the background of all members appointed to boards of the City.

 

7.                  City Council authorize the City Manager to make minor wording changes to the Public Appointments Policy to update terminology and titles, clarify existing processes, and reflect use of new technologies.

 

Specific Boards

 

8.                  City Council extend to all quasi-judicial and adjudicative bodies (identified in Appendix 2 to the report (March 9, 2011) from the City Manager) the restriction currently in place for the Toronto Licensing Tribunal that former Council Members who served in the immediately preceding term of Council are ineligible for appointment as public members.

 

9.                  City Council direct that Eligibility for appointment to the Toronto Licensing Tribunal be amended to provide that individuals are ineligible if they are current City license-holders or are engaged in the business of a corporate licence-holder or do not pass the required written test.

 

10.              City Council expand the qualifications to include a youthful perspective (age range 18 to 30) as a desired qualification for at least one member of the following boards:

 

i.          Toronto Public Library Board

ii.         Board of Management of the Toronto Zoo

iii.        Board of Health

iv.        Exhibition Place Board of Governors

v.         Sony Centre for the Performing Arts

vi.        St. Lawrence Centre for the Arts

vii.       Toronto Centre for the Arts

viii.      Toronto and Region Conservation Authority.

 

11.              City Council direct that the standard process for all public members, where the Civic Appointments Committee short-lists, interviews, and nominates candidates and a corporate staff review team including a staff representative for the board conducts the initial screening of applicants for eligibility and qualifications, apply to the following boards:

 

i.          Toronto Public Library Board

ii.         Sony Centre for the Performing Arts

iii.        St. Lawrence Centre for the Arts

iv.        Toronto Centre for the Arts

v.         Board of Management of the Toronto Zoo

vi.        Board of Health

vii.       Toronto Atmospheric Fund.

 

12.        City Council amend the Sony Centre for the Performing Arts, St. Lawrence Centre for the Arts, and Toronto Centre for the Arts as follows:

 

a.         The composition of the board be changed to 3 Council Members and 6 public members (3 representing the business community and 3 representing the arts and culture community) nominated through the standards open advertised process through the Civic Appointments Committee;

 

b.         Public appointees collectively demonstrate a range of qualifications including financial management, hospitality services, knowledge of the performing arts industry and facilities management, marketing and sponsorship, law, or expertise and linkages in the diverse cultural community; and

 

c.         To maintain a tenant representation for the St. Lawrence Centre, the board be augmented by 3 non-voting members including 2 representatives of the Canadian Stage Company and 1 representative of the Jane Mallett Theatre Music Presenters.

 

13.              City Council direct that, since the current composition of the Board of Management of the Toronto Zoo requires nomination by the now discontinued Toronto Zoo Foundation and to implement other changes recommended in the report (March 9, 2011) from the City Manager, the Board of Management of the Toronto Zoo be amended as follows:

 

a.         The composition be changed to 2 Members of Council and 7 public members, one of whom is a nominee of the Board of the Toronto Region Conservation Authority;

 

b.         Public members of the Zoo Board collectively demonstrate a range of qualifications including financial management, tourism/attractions marketing, knowledge of zoos and the role they play in wildlife conservation, education, large scale fund-raising or public-private partnerships, leadership and partnership development, or general public sector board experience.

 

14.       City Council amend the composition of the Public Library Board to 7 public members, 1 Councillor and the Mayor or the Mayor's designate.

 

15.       City Council amend the composition of the Yonge-Dundas Square Board of Management to replace 2 of the 4 BIA representatives and one nominee of each of the Yonge Street Mission and the Toronto Theatre Alliance with 4 at-large members recruited through an open advertised process through the Civic Appointments Committee.

 

16.       City Council request the Provincial government and the CNE Association to amend the CNE Act to reduce the number of City of Toronto Councillors on the CNE Association, Municipal Section from 16 to 12.

 

17.              City Council amend the public member qualification to require that at least one member be a qualified accountant or have comparable financial management expertise for Invest Toronto, Build Toronto, Toronto Community Housing Corporation, and Toronto Hydro.

 

18.              City Council direct that, as previously directed, an open advertised City process be used to recruit the at-large public members of all arena boards as outlined in Appendix 1 of the report (March 9, 2011) from the City Manager, while retaining the current board composition.

 

19.              City Council amend the City policy respecting the composition of the Debenture Committee, Waterfront Toronto and Invest Toronto to permit the Mayor to name a Council Member as his designate through the Striking Committee, and for Invest Toronto the Chair of the City Economic Development Committee be appointed Chair in the place of the Mayor if the Mayor names a designate.

 

Implementation

 

20.       City Council direct that, where the current number of Council Members is being reduced through implementation of these recommendations, the composition of the boards impacted be temporarily amended to permit the current number of Council Members to continue serving on the board until the mid-term when Council Member appointments are normally adjusted.

 

21.              City Council authorize the City Manager, in consultation with the City Solicitor, to amend any and all relationship frameworks, shareholder directions, policies, websites, or other documents to reflect the recommendations of this report as approved by Council and ensure that agency by-laws and other documents are amended to bring them into compliance with these directions and the prevailing legal requirements.

 

22.              City Council authorize the City Solicitor to bring forward any necessary amendments to City by-laws or the Municipal Code including bills giving effect to decisions to change local boards under s. 145 of the City of Toronto Act, 2006 or to take any other action she deems necessary to implement the recommendations in the report (March 9, 2011) from the City Manager as approved by Council.

Decision Advice and Other Information

The Executive Committee requested the City Manager to report on the following motions directly to Council:

 

By Councillor Ainslie:

 

1.         That Recommendation 10 of the report (March 9, 2011) from the City Manager be amended by adding the words:

 

"(b) private business section and (c) not for profit sector" after the words "(age range 18 to 30)", so that the Recommendation now reads:

 

"10.          The qualifications be expanded to include: (a) a youthful perspective (age range 18 to 30); (b) private business section; and (c) not for profit sector as a desired qualification for at least one member of the following boards:

 

i.          Toronto Public Library Board

ii.         Board of Management of the Toronto Zoo

iii.        Board of Health

iv.        Exhibition Place Board of Governors

v.         Sony Centre for the Performing Arts

vi.        St. Lawrence Centre for the Arts

vii.       Toronto Centre for the Arts

viii.      Toronto and Region Conservation Authority."

 

2.         That Recommendation 12 of the report (March 9, 2011) from the City Manager be amended as follows:

 

1.              deleting "6" and replacing with "up to 8" in Recommendation 12a.

 

2.              deleting "3" and replacing with "up to 5" in Recommendation 12a.

 

3.              adding "fundraising" in Recommendation 12b.

 

4.              deleting "3 non-voting members including 2 representatives" and replacing with "2 voting members including 1 representative" in Recommendation 12c.

 

5.              adding a new Recommendation 12d. to read:

 

"d.             The Boards have the ability to forward recommendations of public members to sit on Boards to the Civic Appointments Committee"

 

so that Recommendation 12 now reads:

 

"12.      The Sony Centre for the Performing Arts, St. Lawrence Centre for the Arts, and Toronto Centre for the Arts be amended as follows:

 

a.            The composition of the board be changed to 3 Council Members and up to 8 public members (3 representing the business community and up to 5 representing the arts and culture community) nominated through the standards open advertised process through the Civic Appointments Committee;

 

b.            Public appointees collectively demonstrate a range of qualifications including financial management, hospitality services, knowledge of the performing arts industry and facilities management, marketing and sponsorship, law, fundraising or expertise and linkages in the diverse cultural community;

 

c.            To maintain a tenant representation for the St. Lawrence Centre, the board be augmented by 2 voting members including 1 representative of the Canadian Stage Company and 1 representative of the Jane Mallett Theatre Music Presenters; and

 

d.            The Boards have the ability to forward recommendations of public members to sit on Boards to the Civic Appointments Committee."

 

3.         That Recommendation 14 of the report (March 9, 2011) from the City Manager (Item EX4.7) be deleted.

 

By Councillor Holyday:

 

That Recommendation 14 of the report (March 9, 2011) from the City Manager be amended by adding the words, "to take effect at the end of this Council term" so that the Recommendation now reads:

 

"14.        The composition of the Public Library Board be amended to 7 public members, 1 Councillor and the Mayor or the Mayor's designate, to take effect at the end of this Council term."

The Executive Committee also:

 

1.         authorized the City Clerk to amend the report (March 9, 2011) from the City Manager, prior to its consideration by Council, so that the description of the Yonge-Dundas Square Board composition in the body of the report includes a nominee of Massey Hall, as this nominee was inadvertently omitted.

 

2.          requested the City Manager meet with representatives of the affected Boards who made deputations to the Executive Committee, prior to the Council meeting on April 12, 2011, to discuss the proposed changes.

Origin

(March 9, 2011) Report from the City Manager

Summary

The City appoints 1,436 residents of Toronto to 119 City agencies (including 71 Business Improvement Areas (BIAs)), corporations; partnered boards; advisory committees that fall under the Public Appointments Policy; and 6 external boards.  Of those, 428 public members are nominated through a City-run process and 1,008 are nominated by external bodies through other processes, primarily by membership organizations such as exists for BIAs (772 board members) and Association of Community Centres (AOCC) boards (104 public board members).

 

The existing Public Appointments Policy is a comprehensive document outlining Council's principles and objectives as well as the processes to be followed in recruiting and selecting public appointees.  It includes an appendix that details the composition of each individual board, the process for recruitment and is a useful reference for Councillors, staff, and residents interested in serving the City as a board member.

 

For the past 3 terms, Council has approved amendments to the Policy to accommodate changes in board composition, improve the clarity of the Policy, and refine the process to ensure that Council's objectives are met in selecting highly qualified board members to manage City business delegated to agency boards.

 

During the last term of Council, staff were directed to recommend changes to the composition or the selection process of a number of boards, some changes have been triggered by changing circumstances such as the dissolution of the Toronto Zoo Foundation, and new agencies were established that needed to be included in the Policy.  This report recommends amendments to the Policy to satisfy these changes, to improve the efficiency and effectiveness of the process, and to go the next steps in implementing the principles on which the Policy is based.

Background Information

(March 9, 2011) Staff Report, as revised on authorty of Executive Committee - Amendments to Public Appointments Policy
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-36607.pdf
(March 21, 2011) Presentation - Managing Through Agencies and Corporations & Public Appointments Policy
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-36742.pdf

Communications

(March 16, 2011) Letter from John P. Wilson, Chair, Task Force to Bring Back the Don (EX.Supp.EX4.7.1)
(March 18, 2011) E-mail from James L. Robinson, Executive Director, Downtown Yonge Business Improvement Area (EX.Main.EX4.7.2)
(March 21, 2011) Letter from Miguel Avila (EX.Main.EX4.7.3)
(March 21, 2011) Letter from Maureen O'Reilly, President, TPLWU Local 4948 (EX.Main.EX4.7.4)

Speakers

Miguel Avila (Submission Filed)
Jacoba Knaapen, Toronto Alliance for the Performing Arts
Peter Gillin, St. Lawrence Centre for the Arts
Matthew Jocelyn, Artistic-General Director, Canadian Stage Company
Maureen O'Reilly, Local 4948 TPLWU (Submission Filed)
Jim Roe, St. Lawrence Centre for the Arts
Councillor Shelley Carroll, Ward 33 - Don Valley East
Councillor Gary Crawford, Ward 36 - Scarborough Southwest
Councillor Adam Vaughan, Ward 20 - Trinity-Spadina
Councillor Janet Davis, Ward 31 - Beaches-East York
Councillor Mary Fragedakis, Ward 29 - Toronto-Danforth
Councillor Frances Nunziata, Ward 11 - York South-Weston

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Referred)

That Recommendation 10 of the staff report be amended by adding the words:

 

"(b) private business section and (c) not for profit sector" after the words "(age range 18 to 30)", so that the Recommendation now reads:

 

"10.      The qualifications be expanded to include: (a) a youthful perspective (age range 18 to 30); (b) private business section; and (c) not for profit sector as a desired qualification for at least one member of the following boards:

 

i.          Toronto Public Library Board

ii.         Board of Management of the Toronto Zoo

iii.        Board of Health

iv.        Exhibition Place Board of Governors

v.         Sony Centre for the Performing Arts

vi.        St. Lawrence Centre for the Arts

vii.       Toronto Centre for the Arts

viii.      Toronto and Region Conservation Authority."

 


2 - Motion to Amend Item moved by Councillor Paul Ainslie (Referred)

That Recommendation 12 of the staff report be amended as follows:

 

1.         deleting "6" and replacing with "up to 8" in Recommendation 12a.

2.         deleting "3" and replacing with "up to 5" in Recommendation 12a.

3.         adding "fundraising" in Recommendation 12b.

4.         deleting "3 non-voting members including 2 representatives" and replacing with "2 voting members including 1 representative" in Recommendation 12c.

5.         adding a new Recommendation 12d. to read:

 

"d.       The Boards have the ability to forward recommendations of public members to sid on Boards to the Civic Appointments Committee"

 

so that Recommendation 12 now reads:

 

12.       The Sony Centre for the Performing Arts, St. Lawrence Centre for the Arts, and Toronto Centre for the Arts be amended as follows:

a.         The composition of the board be changed to 3 Council Members and up to 8 public members (3 representing the business community and up to 5 representing the arts and culture community) nominated through the standards open advertised process through the Civic Appointments Committee;

b.         Public appointees collectively demonstrate a range of qualifications including financial management, hospitality services, knowledge of the performing arts industry and facilities management, marketing and sponsorship, law, fundraising or expertise and linkages in the diverse cultural community;

c.         To maintain a tenant representation for the St. Lawrence Centre, the board be augmented by 2voting members including 1 representative of the Canadian Stage Company and 1 representative of the Jane Mallett Theatre Music Presenters; and

d.         The Boards have the ability to forward recommendations of public members to sit on Boards to the Civic Appointments Committee.


3 - Motion to Amend Item moved by Councillor Paul Ainslie (Referred)

That Recommendation 14 of the report (March 9, 2011) from the City Manager (Item EX4.7) be deleted.


4 - Motion to Amend Item moved by Councillor Doug Holyday (Referred)

That Recommendation 14 of the report (March 9, 2011) from the City Manager (Item EX4.7) be amended by adding the words, "to take effect at the end of this Council term" so that the Recommendation now reads:

 

"14.  The composition of the Public Library Board be amended to 7 public members, 1 Councillor and the Mayor or the Mayor's designate, to take effect at the end of this Council term."


5 - Motion to Refer Motion moved by Councillor Mike Del Grande (Carried)

That the City Manager report directly to Council on the motions by Councillor Ainslie and Motion 4 by Councillor Holyday.


6 - Motion to Refer Motion moved by Councillor Giorgio Mammoliti (Redundant)

That Councillor Anslie’s motion regarding Recommendation 12 be referred to the City Manager for a report directly to City Council.


7 - Motion to Amend Item (Additional) moved by Councillor Doug Holyday (Carried)

That the City Clerk be authorized to amend the report (March 9, 2011) from the City Manager, prior to its consideration by Council, so that the description of the Yonge-Dundas Square Board composition in the body of the report includes a nominee of Massey Hall, as this nominee was inadvertently omitted


8 - Motion to Amend Item (Additional) moved by Councillor Michael Thompson (Carried)

That the City Manager meet with representatives of the affected Boards who made deputations to Committee, prior to the Council meeting on April 12, 2011, to discuss the proposed changes.


9 - Motion to Adopt Item as Amended moved by Councillor Mike Del Grande (Carried)
Source: Toronto City Clerk at www.toronto.ca/council