Item - 2012.EX16.8

Tracking Status

  • City Council adopted this item on March 5, 2012 with amendments.
  • This item was considered by Executive Committee on February 13, 2012 and was adopted with amendments. It will be considered by City Council on March 5, 2012.
  • See also By-law 320-2012

EX16.8 - Toronto Transit Commission Governance

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on March 5, 6 and 7, 2012, adopted the following:

 

1.         Notwithstanding Part 12 of Executive Committee Item EX4.7 adopted by Council at its meeting on April 12 and 13, 2011, City Council approve the following new governance structure for the Toronto Transit Commission to take effect immediately:

           

a.         a seven (7) member Commission composed of Council members, including a Chair appointed by City Council;

 

b.         a Vice Chair appointed by the Toronto Transit Commission from among the Council members appointed by City Council; and

 

c.         Council members will serve for a 2-year term of office, at pleasure of City Council, or until successors are appointed.

 

2.         City Council rescind the existing nine (9) Council member appointments to the Toronto Transit Commission, effective immediately.

 

3.         City Council at this meeting appoint, by ballot:

 

              a.       seven (7) Council members to the Toronto Transit Commission; and 

 

              b.       a TTC Chair from among the seven (7) Council members appointed to the Toronto Transit Commission

 

              for a term of office effective immediately and until November 30, 2014, notwithstanding Part 1c above,  or until successors are appointed.

 

City Council on March 5, 2012 subsequently conducted ballots for the appointments to the Toronto Transit Commission and appointed the following seven (7) Members of Council to the Toronto Transit Commission for a 2-year term of office effective immediately and until November 30, 2014, notwithstanding Part 1c above, at pleasure of City Council, or until successors are appointed:

 

                  -     Councillor Raymond Cho

                  -     Councillor Karen Stintz, as Chair

                  -     Councillor John Parker

                  -     Councillor Maria Augimeri

                  -     Councillor Glenn De Baeremaeker

                  -     Councillor Josh Colle

                  -     Councillor Peter Milczyn.

 

4.         City Council increase the composition of the Toronto Transit Commission from seven (7) to eleven (11) effective with the October 30, 2012 City Council meeting, by adding four (4) citizen members appointed by City Council, subject to the following:

 

a.         Citizen members will serve for a 4-year term of office, generally coinciding with the term of the Council that makes the appointments, at pleasure of City Council, or until successors are appointed; except in the initial term of office for citizen members, where the term will be for the balance of the 2010-2014 term of Council, or until successors are appointed;

 

b.         Citizen members will serve a maximum of 2 consecutive 4-year terms to a limit of 8 years, or until successors are appointed; except for maximum service for initial citizen members of one and a half consecutive terms of Council to a limit of 6 years, or until successors are appointed; and

 

c.         The Toronto Transit Commission appoint a Vice Chair from among the four citizen members appointed by City Council.

  

5.         City Council approve a base rate of remuneration for citizen members of the Toronto Transit Commission (TTC) of $5,000 per year; $10,000 per year for the citizen Vice Chair of the TTC; and a per diem for citizen members of the TTC of $450 per meeting attended.

 

6.         City Council authorize the City Manager to commence recruitment of the four (4) citizen members through an advertised recruitment process (Type 1 recruitment process as set out in the Public Appointments Policy) and direct the City Manager to also use the services of a professional recruitment agency; and the Civic Appointments Committee shortlist and interview candidates and then recommend the appointment of citizen members for approval by City Council consistent with the Public Appointments Policy that will ensure representation that reflects the diversity of the population they serve; equity requires our practices be consistent with achieving participation that affirms the diversity of our society and to remove barriers to the recruitment, selection, and retention of members of systemically disadvantaged groups.

 

7.         In addition to the general eligibility requirements of the Public Appointments Policy, City Council approve qualifications for the citizen board members who shall have directorship and executive-level experience and collectively represent a range of skills, knowledge and experience with one or more large organizations in the following areas:

 

-           Strategic business management, including transformative change management;

-           Financial management, accounting, law, engineering;

-           Customer service or marketing management;

-           Management or planning with a rail or public transit organization;

-           Formulation and/or management of public-private partnerships;

-           Capital project/construction management or capital procurement/supply chain management;

-           Operations and information technology;

-           Labour relations/industrial safety management;

-           Professional knowledge and working experience of urban sustainability, intersectionality and inclusive governance; and

-           Understanding and/or experience with Toronto Transit Commission operations.

 

8.          City Council direct that potential candidates who are owners, employees or agents of companies that are engaged in business with the Toronto Transit Commission, or could be reasonably expected to engage in procurement opportunities with the Toronto Transit Commission on transit related projects,  not be considered for these positions.

 

9.         City Council request the Toronto Transit Commission to amend its Procedure By-law as follows:

 

a.         to be consistent with the governance changes recommended in this Item and forward the amended by-law to the City Manager for City Council approval in accordance with Council's policy requiring approval of board by-laws that regulate the internal conduct of the business and affairs of the board [Executive Committee Item EX4.6, Part 2a.i., adopted by City Council at its meeting on April 12 and 13, 2011]; and

 

b.         to permit members of City Council who are not members of the Toronto Transit Commission to attend closed session meetings of the Commission with observer status.

 

10.       City Council request the City Manager to amend the Public Appointments Policy and the Remuneration Policy to reflect the governance changes adopted in this Item.

 

11.       City Council request the City Manager to develop the role and responsibilities:

 

a.         for the position of Chair; and

 

b.         for the position of Vice Chair, to be considered by the Civic Appointments Committee in its consideration of candidates.

  

12.       City Council request the City Manager to provide an overview to the Civic Appointments Committee on the role of citizen members on the Toronto Transit Commission, prior to the Committee's consideration of candidates for appointment and that notice of this briefing be given to all Councillors and all Members of Council be welcome should they wish to attend.

 

13.       City Council request the City Manager to report back to the November 2012 Executive Committee meeting on a Relationship Framework for the Toronto Transit Commission developed in consultation with the Toronto Transit Commission.

 

14.       City Council request the City Manager to report back on an evaluation of the new governance model of the Toronto Transit Commission early in the next term of City Council.

 

15.       City Council authorize the City Solicitor to introduce the necessary Bills in Council to amend Chapter 279, Toronto Transit Commission, of the Toronto Municipal Code, and to give effect to the appointments to the Toronto Transit Commission.

City Council Decision Advice and Other Information

City Council on March 5, 2012 decided to appoint seven (7) Members of Council to the Toronto Transit Commission by ballot, including a Chair from among the appointed Council Members.

 

The Balloting process was conducted as follows:

 

Speaker Nunziata called for nominations. 

 

Councillor Giorgio Mammoliti nominated Councillors Shelley Carroll and Raymond Cho

Councillor John Parker nominated Councillor Karen Stintz

Councillor Karen Stintz nominated Councillor John Parker

Councillor Mike Layton nominated Councillor Maria Augimeri

Councillor Josh Colle nominated Councillor Glenn De Baeremaeker

Councillor Gary Crawford nominated Councillors Cesar Palacio and James Pasternak

Councillor Glenn De Baeremaeker nominated Councillor Josh Colle

Councillor Ana Bailão nominated Councillor Mary-Margaret McMahon

Councillor Michelle Berardinetti nominated Councillor Jaye Robinson

Councillor Norm Kelly nominated Councillor Gary Crawford

Councillor Mark Grimes nominated Councillor Peter Milczyn

Councillor Kristyn Wong-Tam nominated Councillor Gord Perks

 

Speaker Nunziata called for further nominations.

 

Speaker Nunziata called for further nominations a second time.

 

Speaker Nunziata called for further nominations a third and final time.

 

Speaker Nunziata closed the nominations.

 

Speaker Nunziata advised Members that the nominees would now be permitted to address Council, as follows:

 

"I will now call upon each of the nominees in the order they were nominated.  They are each entitled to up to 5 minutes to address City Council, if they wish.  No extension of speaking time is permitted.

 

Questions of the candidates are permitted, but under s. 27-136B of the Council Procedures, the question period is limited to 10 minutes per candidate.

 

At the conclusion of that, I will call upon the City Clerk to instruct you on the balloting process."

 

The following candidates addressed Council in the order they were nominated:

 

Councillor Shelley Carroll

Councillor Raymond Cho

Councillor Karen Stintz

Councillor John Parker

Councillor Maria Augimeri

Councillor Glenn De Baeremaeker

Councillor Cesar Palacio

Councillor James Pasternak

Councillor Josh Colle

Councillor Mary-Margaret McMahon withdrew her name from consideration

Councillor Jaye Robinson

Councillor Gary Crawford

Councillor Peter Milczyn

Councillor Gord Perks withdrew his name from consideration

 

Councillor Shelley Carroll subsequently withdrew her name from consideration.

  

At the conclusion of candidates' statements, Speaker Nunziata advised that Council would now proceed to balloting.  The Speaker asked the City Clerk to instruct the Members on the balloting process.

The City Clerk advised Members of Council as follows:

 

"We will now proceed to the balloting for members of the Toronto Transit Commission.

 

There are seven positions to elect.

 

It requires a majority of ballots cast to be elected to one of the positions.  Any candidate receiving a majority of ballots cast will be declared elected.

 

If fewer than seven people receive a majority of votes on the first ballot, Council will conduct a second ballot for the remaining positions with the remaining candidates.   On a second ballot, only those declared elected are removed from consideration.  All other candidates are still eligible.

 

We are about to distribute the ballots to you.

 

The ballots contain seven blank spaces.   Please indicate your vote by printing the name of a candidate in the space provided.

 

Please print clearly and legibly.   If I cannot determine your intention for any reason, including your handwriting, any votes in dispute will not be counted.

 

You may vote for up to and including seven people.

 

If you vote for more than seven people, your ballot will be spoiled, and none of your votes will be counted.

 

You may write-in the name of any Member of City Council, even if they have not been nominated.

 

You may only write-in the name of a Member of City Council.  If you write-in the name of any other person, that vote cannot be counted.

 

Secret ballots are prohibited by law.  You must print your name and sign your ballot in the space provided.  If you do not, your ballot will be spoiled, and none of your votes will be counted.

 

You must remain seated during the voting process until all ballots have been collected.

 

When you are finished voting, please fold your ballot in half and place it on the ledge in front of your desk for collection.   We will collect the ballots when all Members have finished voting.

 

Members, the voting process is about to begin.  Please take your seats and remain seated during the voting process.

 

We will now distribute the ballots."

 

The City Clerk distributed the ballots to the Members of Council.  Once all ballots had been cast and collected, Speaker Nunziata recessed the Council meeting at 5:55 p.m. to permit the City Clerk to tally the results of the ballot.

 

City Council reconvened at 6:28 p.m.

 

The City Clerk announced the results of the ballot for appointments to the Toronto Transit Commission conducted on Monday, March 5, 2012, as follows:

 

-           Number of ballots cast: 44, made up of 289 votes out of a possible 308

-           Number of votes required to elect for each of the seven positions: 23

-           There were no spoiled or illegal ballots

-           For Raymond Cho: 30 votes

-           For Karen Stintz: 26 votes

-           For John Parker: 26 votes

-           For Maria Augimeri: 26 votes

-           For Glenn De Baeremaeker: 26 votes

-           For Cesar Palacio: 20 votes

-           For James Pasternak: 19 votes

-           For Josh Colle: 37 votes

-           For Jaye Robinson: 22 votes

-           For Gary Crawford: 19 votes

-           For Peter Milczyn: 37 votes

-           For Michael Thompson (write-in): 1 vote

 

The City Clerk declared the following nominees elected, each having received a majority of ballots cast:

 

-           Raymond Cho

-           Karen Stintz

-           John Parker

-           Maria Augimeri

-           Glenn De Baeremaeker

-           Josh Colle

-           Peter Milczyn

 

Since seven Members were elected, no further ballots were required.

 

The City Clerk read the ballots individually, a summary of which is presented as follows:

 

 

For Councillor Maria Augimeri:

 

Maria Augimeri

Ana Bailão

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

Joe Mihevc

Peter Milczyn

Denzil Minnan-Wong

John Parker

Gord Perks

Anthony Perruzza

Karen Stintz

Adam Vaughan

Kristyn Wong-Tam

 

 

For Councillor Raymond Cho:

 

Paul Ainslie

Maria Augimeri

Ana Bailão

Shelly Carroll

Raymond Cho

Josh Colle

Vincent Crisanti

Janet Davis

Glenn De Baeremaeker

Frank Di Giorgio

Sarah Douchette

John Filion

Paula Fletcher

Rob Ford

Doug Ford

Mary Fragedakis

Mike Layton

Chin Lee

Gloria Lindsay Luby

Giorgio Mammoliti

Josh Matlow

Pam McConnell

Mary-Margaret McMahon

Joe Mihevc

John Parker

Gord Perks

Anthony Perruzza

Karen Stintz

Adam Vaughan

Kristyn Wong-Tam

 

 

For Councillor Josh Colle:

 

Paul Ainslie

Maria Augimeri

Ana Bailão

Michelle Berardinetti

Shelley Carroll

Raymond Cho

Josh Colle

Gary Crawford

Janet Davis

Glenn De Baeremaeker

Sarah Douchette

John Filion

Paula Fletcher

Rob Ford

Mary Fragedakis

Mark Grimes

Norm 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

Cesar Palacio

John Parker

Gord Perks

Anthony Perruzza

Jaye Robinson

Karen Stintz

Michael Thompson

Adam Vaughan

Kristyn Wong-Tam

 

 

For Councillor Gary Crawford:

 

Paul Ainslie

Michelle Berardinetti

Gary Crawford

Vincent Crisanti

Mike Del Grande

Frank Di Giorgio

Rob Ford

Doug Ford

Mark Grimes

Doug Holyday

Giorgio Mammoliti

Peter Milczyn

Denzil Minnan-Wong

Frances Nunziata

Cesar Palacio

James Pasternak

Jaye Robinson

David Shiner

Michael Thompson

 

 

For Councillor Glenn De Baeremaeker:

 

Maria Augimeri

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

Gloria Lindsay Luby

Josh Matlow

Pam McConnell

Mary-Margaret McMahon

Joe Mihevc

Frances Nunziata

John Parker

Gord Perks

Anthony Perruzza

Karen Stintz

Michael Thompson

Adam Vaughan

Kristyn Wong-Tam

 

 

For Councillor Peter Milczyn:

 

Paul Ainslie

Maria Augimeri

Ana Bailão

Michelle Berardinetti

Raymond Cho

Josh Colle

Gary Crawford

Vincent Crisanti

Janet Davis

Glenn De Baeremaeker

Mike Del Grande

Frank Di Giorgio

Sarah Doucette

John Filion

Paula Fletcher

Rob Ford

Doug Ford

Mary Fragedakis

Mark Grimes

Norm Kelly

Mike Layton

Chin Lee

Gloria Lindsay Luby

Giorgio Mammoliti

Josh Matlow

Pam McConnell

Mary-Margaret McMahon

Joe Mihevc

Peter Milczyn

Frances Nunziata

Cesar Palacio

John Parker

Anthony Perruzza

David Shiner

Karen Stintz

Adam Vaughan

Kristyn Wong-Tam

 

 

For Councillor Cesar Palacio:

 

Paul Ainslie

Ana Bailão

Michelle Berardinetti

Gary Crawford

Vincent Crisanti

Mike Del Grande

Frank Di Giorgio

Rob Ford

Doug Ford

Mark Grimes

Doug Holyday

Norm Kelly

Giorgio Mammoliti

Peter Milczyn

Denzil Minnan-Wong

Frances Nunziata

Cesar Palacio

James Pasternak

David Shiner

Michael Thompson

 

 

For Councillor John Parker:

 

Maria Augimeri

Ana Bailão

Shelley Carroll

Raymond Cho

Josh Colle

Gary Crawford

Janet Davis

Glenn De Baeremaeker

Sarah Doucette

John Filion

Paula Fletcher

Mary Fragedakis

Mike Layton

Chin Lee

Gloria Lindsay Luby

Josh Matlow

Pam McConnell

Joe Mihevc

Peter Milczyn

John Parker

James Pasternak

Gord Perks

Anthony Perruzza

Karen Stintz

Adam Vaughan

Kristyn Wong-Tam

 

 

For Councillor James Pasternak:

 

Paul Ainslie

Michelle Berardinetti

Gary Crawford

Vincent Crisanti

Mike Del Grande

Frank Di Giorgio

Rob Ford

Doug Ford

Mark Grimes

Norm Kelly

Giorgio Mammoliti

Mary-Margaret McMahon

Denzil Minnan-Wong

Frances Nunziata

Cesar Palacio

James Pasternak

Jaye Robinson

David Shiner

Michael Thompson

 

 

For Councillor Jaye Robinson:

 

Paul Ainslie

Michelle Berardinetti

Shelley Carroll

Gary Crawford

Vincent Crisanti

Mike Del Grande

Frank Di Giorgio

Rob Ford

Doug Ford

Mark Grimes

Doug Holyday

Norm Kelly

Giorgio Mammoliti

Mary-Margaret McMahon

Denzil Minnan-Wong

Frances Nunziata

Cesar Palacio

James Pasternak

Gord Perks

Jaye Robinson

David Shiner

Michael Thompson

 

 

For Councillor Karen Stintz:

 

Maria Augimeri

Ana Bailão

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

Peter Milczyn

John Parker

Gord Perks

Anthony Perruzza

Karen Stintz

Michael Thompson

Adam Vaughan

Kristyn Wong-Tam

 

 

For Councillor Michael Thompson:

 

Norm Kelly

 

 

Speaker Nunziata advised Members of Council that Council would now proceed to elect a Toronto Transit Commission Chair from among the appointed members of the Commission.

 

Speaker Nunziata called for nominations. 

 

Councillor Joe Mihevc nominated Councillor Karen Stintz

Councillor Giorgio Mammoliti nominated Councillor Raymond Cho

Councillor Mark Grimes nominated Councillor Peter Milczyn

 

Councillor Raymond Cho withdrew his name from consideration.

 

Speaker Nunziata called for further nominations.

 

Speaker Nunziata called for further nominations a second time.

 

Speaker Nunziata called for further nominations a third and final time.

 

Speaker Nunziata closed the nominations.

 

Speaker Nunziata advised Members of Council that the nominees for Chair would now be permitted to address Council, as follows:

 

"The nominees are entitled to address City Council for up to five minutes, with no extension.

 

Members, the rules for the election of a chair are different than the rules for the election of people to multiple positions.   One difference is that there are no questions of the nominees for the Chair.   Another is that nominees address Council in alphabetical order.

 

I will now call upon the nominees in alphabetical order to address City Council."

 

None of the candidates addressed City Council.

 

Speaker Nunziata advised that Council would now proceed to balloting for Chair of the Toronto Transit Commission.  The Speaker asked the City Clerk to instruct the Members on the balloting process.

The City Clerk advised Members of Council as follows:

 

"We will now proceed to the balloting for Chair of the Toronto Transit Commission.

 

There is only one position to elect.

 

It requires a majority of ballots cast to be elected.

 

If no candidates receive a majority on the first ballot, a second ballot will be conducted.

 

Unlike the ballot we conducted earlier in the meeting, the nominee with the fewest votes and nominees with no votes will be removed from the next ballot.

 

We are about to distribute the ballots to you.

 

The ballot contains a single blank space.   Please indicate your vote by printing the name of a candidate in the space provided.

 

Please print clearly and legibly.   If I cannot determine your intention for any reason, including your handwriting, your ballot will be spoiled and not counted.

 You may only vote for one person.  If you vote for more than one person, your ballot will be spoiled, and your vote will not be counted.

 

You may write-in the name of any of the seven members appointed to the Commission, even if they have not been nominated.

 

You may only write-in the name of a Commission member.  If you write-in the name of any other person, your ballot will be spoiled, and your vote will not be counted.

 

Secret ballots are prohibited by law.  You must print your name and sign your ballot in the space provided.  If you do not, your ballot will be spoiled, and your vote will not be counted.

 

You must remain seated during the voting process until all ballots have been collected.

 

When you are finished voting, please fold your ballot in half and place it on the ledge in front of your desk for collection.   We will collect the ballots when all Members have finished voting.

 

Members, the voting process is about to begin.  Please take your seats and remain seated during the voting process.

 

We will now distribute the ballots."

 

The City Clerk distributed the ballots to the Members of Council.  Once all ballots had been cast and collected, Speaker Nunziata recessed the Council meeting at 6:50 p.m. to permit the City Clerk to tally the results of the ballot.

 

City Council reconvened at 6:57 p.m.

 

The City Clerk announced the results of the ballot to appoint the Chair of the Toronto Transit Commission conducted on Monday, March 5, 2012 as follows:

 

-     Number of ballots cast: 43

-     Number of votes required to elect:  22

-     There were no spoiled or illegal ballots

-     For Peter Milczyn: 19 votes

-     For Karen Stintz: 24 votes

 

The City Clerk declared Councillor Karen Stintz elected as Chair of the Toronto Transit Commission.

 

The City Clerk read the ballots individually, a summary of which is presented as follows:

 

For Councillor Peter Milczyn:

 

Paul Ainslie

Maria Augimeri

Michelle Berardinetti

Gary Crawford

Vincent Crisanti

Mike Del Grande

Frank Di Giorgio

Rob Ford

Doug Ford

Mark Grimes

Doug Holyday

Norm Kelly

Giorgio Mammoliti

Peter Milczyn

Denzil Minnan-Wong

Frances Nunziata

Cesar Palacio

Jaye Robinson

David Shiner

 

 

For Councillor Karen Stintz:

 

Ana Bailão

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

John Parker

Gord Perks

Anthony Perruzza

Karen Stintz

Michael Thompson

Adam Vaughan

Kristyn Wong-Tam

Background Information (Committee)

(January 31, 2012) Report from the City Manager on Toronto Transit Commission Governance
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44980.pdf

Background Information (City Council)

(March 5, 2012) Results of the Ballot for Appointments to the Toronto Transit Commission
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-45648.pdf
(March 5, 2012) Results of the Ballot for Election of Chair of the Toronto Transit Commission
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-45649.pdf

Communications (City Council)

(February 29, 2012) Fax from Ross Vaughan (CC.Supp.EX16.8.1)
(March 2, 2012) E-mail from Hamish Wilson (CC.Supp.EX16.8.2)
(March 5, 2012) Submission from Councillor Kristyn Wong-Tam - article from The National Post headed "Kristyn Wong-Tam: Transit equity is about customer service" (CC.New.EX16.8.3)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-29058.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Karen Stintz (Amended)

That the Executive Committee Recommendations be deleted and Council adopt the following instead:

 

1.         Notwithstanding Part 12 of Executive Committee Item EX4.7 adopted by Council at its meeting on April 12 and 13, 2011, City Council approve the following new governance structure for the Toronto Transit Commission to take effect immediately:

           

                a.     a seven (7) member Commission composed of Council members, including a Chair appointed by City Council;

 

b.         a Vice Chair appointed by the Toronto Transit Commission from among the Council members appointed by City Council; and

 

c.         Council members will serve for a 2-year term of office, at pleasure of City Council, or until successors are appointed.

 

2.         City Council rescind the existing nine (9) Council member appointments to the Toronto Transit Commission, effective immediately.

 

3.         City Council at this meeting appoint, by ballot:

 

                a.     seven (7) Council members to the Toronto Transit Commission; and

           

                b.     a TTC Chair from among the seven (7) Council members appointed to the Toronto Transit Commission

 

                for a term of office effective immediately and until November 30, 2014, notwithstanding Part 1c above,  or until successors are appointed.

 

4.         City Council increase the composition of the Toronto Transit Commission from seven (7) to eleven (11) effective with the October 30, 2012 City Council meeting, by adding four (4) citizen members appointed by City Council, subject to the following:

 

a.         Citizen members will serve for a 4-year term of office, generally coinciding with the term of the Council that makes the appointments, at pleasure of City Council, or until successors are appointed; except in the initial term of office for citizen members, where the term will be for the balance of the 2010-2014 term of Council, or until successors are appointed;

 

b.         Citizen members will serve a maximum of 2 consecutive 4-year terms to a limit of 8 years, or until successors are appointed; except for maximum service for initial citizen members of one and a half consecutive terms of Council to a limit of 6 years, or until successors are appointed; and

 

c.         The Toronto Transit Commission appoint a Vice Chair from among the four citizen members appointed by City Council.

  

5.         City Council approve a rate of remuneration for citizen members of the Toronto Transit Commission of $10,000 per year, and $15,000 per year for the citizen Vice Chair of the Toronto Transit Commission.

 

6.         City Council authorize the City Manager to commence recruitment of the 4 citizen members through an advertised recruitment process (Type 1 recruitment process as set out in the Public Appointments Policy); and the Civic Appointments Committee shortlist and interview candidates and then recommend the appointment of citizen members for approval by City Council.

 

7.         In addition to the general eligibility requirements of the Public Appointments Policy, City Council approve qualifications for the citizen board members who shall have directorship and executive-level experience and collectively represent a range of skills, knowledge and experience with one or more large organizations in the following areas:

 

-           Strategic business management, including transformative change management;

-           Financial management, accounting, law, engineering;

-           Customer service or marketing management;

-           Management or planning with a rail or public transit organization;

-           Formulation and/or management of public-private partnerships;

-           Capital project/construction management or capital procurement/supply chain management;

-           Operations and information technology; and

-           Labour relations/industrial safety management.

 

8.         City Council request the Toronto Transit Commission to amend its Procedure By-law to be consistent with the governance changes recommended in this Item and forward the amended by-law to the City Manager for City Council approval in accordance with Council's policy requiring approval of board by-laws that regulate the internal conduct of the business and affairs of the board [Executive Committee Item EX4.6, Part 2a.i., adopted by City Council at its meeting on April 12 and 13, 2011].

 

9.         City Council request the City Manager to amend the Public Appointments Policy and the Remuneration Policy to reflect the governance changes recommended in this Item.

 

10.       City Council request the City Manager to develop the role and responsibilities:

 

a           for the position of Chair; and

 

b.             for the position of Vice Chair, to be considered by the Civic Appointments Committee in its consideration of candidates.

 

11.       City Council authorize the City Solicitor to introduce the necessary Bills in Council to amend Chapter 279, Toronto Transit Commission, of the Toronto Municipal Code, and to give effect to the appointments to the Toronto Transit Commission.

 

Amended by motions 5, 7, 8b and 10 by Councillors Lee, Wong-Tam, Davis and Perruzza, respectively.

Vote (Amend Item) Mar-05-2012 4:50 PM

Result: Carried Majority Required - EX16.8 - Motion 1 - As amended
Total members that voted Yes: 29 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, 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, Peter Milczyn, Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 15 Members that voted No are Paul Ainslie, Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Denzil Minnan-Wong, Frances Nunziata (Chair), David Shiner, Michael Thompson
Total members that were Absent: 1 Members that were absent are Ron Moeser

2 - Motion to Amend Item moved by Councillor Ron Moeser (Redundant)

That City Council amend Executive Committee recommendation 2 by replacing "$10,000" with "$5,000" and replacing "$15,000" with "$10,000" so that the recommendation now reads as follows:

 

New Recommendation 2:

 

2.         City Council approve a rate of remuneration for citizen members of the Toronto Transit Commission of $5,000 per year, and $10,000 per year for the citizen Vice-Chair of the Toronto Transit Commission.

Ruling by Speaker Frances Nunziata
Due to Council's adoption of motion 1 by Councillor Stintz, as amended, Speaker Nunziata ruled motion 2 by Councillor Moeser redundant.


3 - Motion to Amend Item moved by Councillor Michael Thompson (Redundant)

That the Executive Committee recommendations be deleted and Council adopt the following instead:

 

1.          Notwithstanding Recommendation 12 in report EX4.7 adopted by Council at its meeting on April 12 and 13, 2011, City Council approve a new governance structure for the Toronto Transit Commission as follows:

 

a.         9-member board composed of 9 citizen members;

 

b.         a Chair appointed by City Council on the recommendation of the Civic Appointments Committee, and a citizen member appointed by the Toronto Transit Commission as Vice-Chair;

 

c.         a 4-year term of office for Toronto Transit Commission members, generally coinciding with the term of Council, or until successors are appointed; except in the initial term of office, where the term will be for the balance of this term of Council, or until successors are appointed;

 

d.         maximum service on the Toronto Transit Commission of 2 consecutive 4-year terms to a limit of 8 years, or until successors are appointed; except for maximum service for initial members of one and a half consecutive terms of Council to a limit of 6 years, or until successors are appointed; and

 

e.          all members of the Toronto Transit Commission serve at the pleasure of City Council.

 

2.         City Council approve a rate of remuneration for members of the Toronto Transit Commission of $10,000 per year, $15,000 per year for the Vice-Chair, and $30,000 per year for the Chair of the Toronto Transit Commission.

 

3.         City Council approve the effective date of the governance changes and citizen member appointments to coincide with the citizen member appointments to the Toronto Transit Commission taking effect with the October 30 and 31, 2012 meeting of City Council.

 

4.         City Council authorize the City Manager to commence recruitment of the citizen members through an advertised recruitment process (Type 1 recruitment process as set out in the Public Appointments Policy); and the Civic Appointments Committee shortlist and interview candidates and then recommend the appointment of citizen members for approval by City Council.

 

5.         In addition to the general eligibility requirements of the Public Appointments Policy, City Council approve qualifications for the citizen board members who shall have directorship and executive-level experience and collectively represent a range of skills, knowledge and experience with one or more large organizations in the following areas:

 

-           Strategic business management, including transformative change management;

-           Financial management, accounting, law, engineering;

-           Customer service or marketing management;

-           Management or planning with a rail or public transit organization;

-           Formulation and/or management of public-private partnerships;

-           Capital project/construction management or capital procurement/supply chain management;

-           Operations and information technology; and

-           Labour relations/industrial safety management.

 

6.         City Council request the Toronto Transit Commission to amend its Procedure By-law to be consistent with the governance changes recommended in this Item and forward the amended by-law to the City Manager for City Council approval in accordance with Council's policy requiring approval of board by-laws that regulate the internal conduct of the business and affairs of the board [Executive Committee Item EX4.6, Part 2a.i., adopted by City Council at its meeting on April 12 and 13, 2011].

 

7.         City Council request the City Manager to amend the Public Appointments Policy and the Remuneration Policy to reflect the governance changes recommended in the report (January 31, 2012) from the City Manager.

 

8.         City Council request the City Manager to develop the role and responsibilities:

 

a.          for the position of Chair; and

 

b.          for the position of Vice-Chair,

 

to be considered by the Civic Appointments Committee in its consideration of candidates.

 

9.          City Council authorize the City Solicitor to introduce the necessary Bills in Council to amend Chapter 279, Toronto Transit Commission, of the Toronto Municipal Code, and to give effect to the appointments to the Toronto Transit Commission.

Ruling by Speaker Frances Nunziata
Due to Council's adoption of motion 1 by Councillor Stintz, as amended, Speaker Nunziata ruled motion 3 by Councillor Thompson redundant.


4 - Motion to Amend Item moved by Deputy Mayor Doug Holyday (Redundant)

That City Council amend Executive Committee recommendation 2 by replacing "$10,000" with "$15,000" and replacing "$15,000" with "$30,000" so that the recommendation now reads as follows:

 

2.         City Council approve a rate of remuneration for citizen members of the Toronto Transit Commission of $15,000 per year, and $30,000 per year for the citizen Vice-Chair of the Toronto Transit Commission.

Ruling by Speaker Frances Nunziata
Due to Council's adoption of motion 1 by Councillor Stintz, as amended, Speaker Nunziata ruled motion 4 by Deputy Mayor Holyday redundant.


5 - Motion to Amend Motion moved by Councillor Chin Lee (Carried)

That City Council amend motion 1 by Councillor Stintz by deleting Recommendation 5 and replacing it with the following:

 

5.         City Council approve a base rate of remuneration for citizen members of the Toronto Transit Commission (TTC) of $5,000 per year; $10,000 per year for the citizen Vice Chair of the TTC; and, a per diem for citizen members of the TTC of $450 per meeting attended.

Vote (Amend Motion) Mar-05-2012 4:45 PM

Result: Carried Majority Required - EX16.8 - Lee - motion 5
Total members that voted Yes: 28 Members that voted Yes are Maria Augimeri, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 16 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Gary Crawford, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, John Parker, Michael Thompson
Total members that were Absent: 1 Members that were absent are Ron Moeser

6 - Motion to Amend Item (Additional) moved by Councillor Shelley Carroll (Amended)

That:

 

1.         City Council request the City Manager to report back to the November 2012 Executive Committee meeting on a Relationship Framework for the Toronto Transit Commission developed in consultation with the Toronto Transit Commission.

 

2.         City Council request the City Manager to provide an overview to the Civic Appointments Committee on the role of citizen members on the Toronto Transit Commission, prior to their consideration of candidates for appointment.

 

3.         City Council request the City Manager to report back on an evaluation of the new governance model of the Toronto Transit Commission early in the next term of City Council.

 

4.         City Council request the Toronto Transit Commission to amend its Procedure By-law to permit members of City Council who are not members of the Toronto Transit Commission to attend closed session meetings of the Commission with observer status.

 

amended by motion 9b by Councillor Fletcher.

Vote (Amend Item (Additional)) Mar-05-2012 4:53 PM

Result: Carried Majority Required - EX16.8 - Carroll - motion 6 as amended - Parts 1-3 only
Total members that voted Yes: 42 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, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Norman Kelly, Denzil Minnan-Wong
Total members that were Absent: 1 Members that were absent are Ron Moeser

Vote (Amend Item (Additional)) Mar-05-2012 4:54 PM

Result: Carried Majority Required - EX16.8 - Carroll - motion 6 as amended - Part 4
Total members that voted Yes: 40 Members that voted Yes are 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, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, 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, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Paul Ainslie, Doug Ford, Rob Ford, Doug Holyday
Total members that were Absent: 1 Members that were absent are Ron Moeser

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

That:

 

City Council amend motion 1 by Councillor Stintz by:

 

1.         adding the following words to Recommendation 6:

 

"; consistent with the Public Appointment Policy that will ensure representation that reflects the diversity of the population they serve. Equity requires our practices be consistent with achieving participation that affirms the diversity of our society and to remove barriers to the recruitment, selection, and retention of members of systemically disadvantaged groups."

 

so that Recommendation 6 now reads:

 

 6.        City Council authorize the City Manager to commence recruitment of the 4 citizen members through an advertised recruitment process (Type 1 recruitment process as set out in the Public Appointments Policy); and the Civic Appointments Committee shortlist and interview candidates and then recommend the appointment of citizen members for approval by City Council; consistent with the Public Appointment Policy that will ensure representation that reflects the diversity of the population they serve. Equity requires our practices be consistent with achieving participation that affirms the diversity of our society and to remove barriers to the recruitment, selection, and retention of members of systemically disadvantaged groups.

 

and

 

2.         adding the following words to Recommendation 7 to the list of skills, knowledge and experience:

 

" - Professional knowledge and working experience of urban sustainability, intersectionality and inclusive governance."

Vote (Amend Motion) Mar-05-2012 4:47 PM

Result: Carried Majority Required - EX16.8 - Wong-Tam - motion 7
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Ana Bail„o, Doug Ford, Doug Holyday, Denzil Minnan-Wong, John Parker
Total members that were Absent: 1 Members that were absent are Ron Moeser

8a - Motion to Amend Item (Additional) moved by Councillor Janet Davis (Carried)

 City Council direct that potential candidates who are owners, employees or agents of companies that are engaged in business with the Toronto Transit Commission, or could be reasonably expected to engage in procurement opportunities with the Toronto Transit Commission on transit related projects,  not be considered for these positions.

Vote (Amend Item (Additional)) Mar-05-2012 4:55 PM

Result: Carried Majority Required - EX16.8 - Davis - motion 8a
Total members that voted Yes: 42 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, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, 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, Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Doug Ford, Frances Nunziata (Chair)
Total members that were Absent: 1 Members that were absent are Ron Moeser

8b - Motion to Amend Item moved by Councillor Janet Davis (Amended)

That:

 

1.         motion 1 by Councillor Stintz be amended by adding to Part 6, the words "and direct that he also use the services of a professional recruitment agency" following the words (Type 1 recruitment process as set out in the Public Appointments Policy) so that Part 6 now reads as follows:

 

6.         City Council authorize the City Manager to commence recruitment of the 4 citizen members through an advertised recruitment process (Type 1 recruitment process as set out in the Public Appointments Policy) and direct that he also use the services of a professional recruitment agency; and the Civic Appointments Committee shortlist and interview candidates and then recommend the appointment of citizen members for approval by City Council.

 

2.         In the event motion 1 fails, City Council amend Executive Committee Recommendation 4 by adding the words "and direct that he also use the services of a professional recruitment agency" following the words (Type 1 recruitment process as set out in the Public Appointments Policy) so that Recommendation 4 now reads as follows:

 

4.         City Council authorize the City Manager to commence recruitment of the 5 citizen members through an advertised recruitment process (Type 1 recruitment process as set out in the Public Appointments Policy) and direct that he also use the services of a professional recruitment agency; and the Civic Appointments Committee shortlist and interview candidates and then recommend the appointment of citizen members for approval by City Council.

  

Part 1 of motion 8b by Councillor Davis carried.  Part 2 of motion 8b by Councillor Davis was ruled redundant.

Vote (Amend Item) Mar-05-2012 4:48 PM

Result: Carried Majority Required - EX16.8 - Davis - motion 8b - part 1 only
Total members that voted Yes: 38 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, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, 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, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Mike Del Grande, Doug Ford, Doug Holyday, Giorgio Mammoliti, Frances Nunziata (Chair), David Shiner
Total members that were Absent: 1 Members that were absent are Ron Moeser
Ruling by Speaker Frances Nunziata
Due to Council's adoption of motion 1 by Councillor Stintz, as amended, Speaker Nunziata ruled Part 2 of motion 8b by Councillor Davis redundant.


9a - Motion to Amend Item moved by Councillor Paula Fletcher (Redundant)

That City Council amend Executive Committee recommendation 5 by adding the following words to the list of skills, knowledge and experience:

 

- solid knowledge of Public Transit in Toronto.

Ruling by Speaker Frances Nunziata
Due to Council's adoption of motion 1 by Councillor Stintz, as amended, Speaker Nunziata ruled motion 9a by Councillor Fletcher redundant.


9b - Motion to Amend Motion moved by Councillor Paula Fletcher (Carried)

That City Council amend motion 6 by Councillor Carroll by adding the following words to recommendation 2 "Notice be given to all Councillors of this briefing and all Members of Council be welcome should they wish to attend" so that recommendation 2 now reads as follows:

 

2.         City Council request the City Manager to provide an overview to the Civic Appointments Committee on the role of citizen members on the Toronto Transit Commission, prior to their consideration of candidates for appointment.  Notice be given to all Councillors of this briefing and all Members of Council be welcome should they wish to attend.

Vote (Amend Motion) Mar-05-2012 4:51 PM

Result: Carried Majority Required - EX16.8 - Fletcher - motion 9b
Total members that voted Yes: 38 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, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Doug Ford, Rob Ford, Denzil Minnan-Wong, John Parker, James Pasternak, Michael Thompson
Total members that were Absent: 1 Members that were absent are Ron Moeser

10 - Motion to Amend Motion moved by Councillor Anthony Perruzza (Carried)

That City Council amend Motion 1 by Councillor Stintz by adding the following words to Recommendation 7 to the list of skills, knowledge and experience:

 

- understanding and/or experience with Toronto Transit Commission operations.

Vote (Amend Motion) Mar-05-2012 4:49 PM

Result: Carried Majority Required - EX16.8 - Perruzza - motion 10
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, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Mike Layton, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 12 Members that voted No are Ana Bail„o, Michelle Berardinetti, Mike Del Grande, Mark Grimes, Norman Kelly, Chin Lee, Denzil Minnan-Wong, Frances Nunziata (Chair), John Parker, Jaye Robinson, David Shiner, Michael Thompson
Total members that were Absent: 1 Members that were absent are Ron Moeser

11 - Motion to Amend Item moved by Councillor Frances Nunziata (Redundant)

That the Executive Committee recommendations be deleted and that City Council adopt the following instead:

 

1.         City Council request the Province of Ontario to transfer responsibility for the Toronto Transit Commission to Metrolinx.

Ruling by Speaker Frances Nunziata
Due to Council's adoption of motion 1 by Councillor Stintz, as amended, Speaker Nunziata ruled motion 11 by Councillor Nunziata redundant.


12 - Motion to Amend Item moved by Councillor David Shiner (Redundant)

That the Executive Committee Recommendations be deleted and Council adopt the following instead:

 

1.         Notwithstanding Part 12 of Executive Committee Item EX4.7 adopted by Council at its meeting on April 12 and 13, 2011, City Council approve the following new governance structure for the Toronto Transit Commission to take effect immediately:

           

              a.       a five (5) member Commission composed of Council members, including a Chair appointed by City Council;

 

b.         a Vice Chair appointed by the Toronto Transit Commission from among the Council members appointed by City Council; and

 

c.         Council members will serve for a 2-year term of office, at pleasure of City Council, or until successors are appointed.

 

2.         City Council rescind the existing nine (9) Council member appointments to the Toronto Transit Commission, effective immediately.

 

3.         City Council at this meeting appoint, by ballot:

 

              a.       five (5) Council members to the Toronto Transit Commission; and

           

              b.       a TTC Chair from among the five (5) Council members appointed to the Toronto Transit Commission

 

              for a term of office effective immediately and until November 30, 2014, notwithstanding Part 1c above,  or until successors are appointed.

 

4.         City Council increase the composition of the Toronto Transit Commission from five (5) to eleven (11) effective with the October 30, 2012 City Council meeting, by adding four (4) citizen members appointed by City Council, one (1) citizen member nominated by the federal government and appointed by City Council, and one (1) citizen member nominated by the provincial government and appointed by City Council, subject to the following:

 

a.         Citizen members, and federal and provincial citizen representatives will serve for a 4-year term of office, generally coinciding with the term of the Council that makes the appointments, at pleasure of City Council, or until successors are appointed; except in the initial term of office for citizen members and federal and provincial representatives, where the term will be for the balance of the 2010-2014 term of Council, or until successors are appointed;

 

b.         Citizen members, and federal and provincial citizen representatives will serve a maximum of 2 consecutive 4-year terms to a limit of 8 years, or until successors are appointed; except for maximum service for initial citizen members, and federal and provincial representatives of one and a half consecutive terms of Council to a limit of 6 years, or until successors are appointed; and

 

c.         The Toronto Transit Commission appoint a Vice Chair from among the four citizen members appointed by City Council.

 

5.         City Council approve a rate of remuneration for citizen members of the Toronto Transit Commission of $10,000 per year, and $15,000 per year for the citizen Vice Chair of the Toronto Transit Commission.

 

6.         City Council authorize the City Manager to commence recruitment as follows:

 

a.         the 4 citizen members be recruited through an advertised recruitment process (Type 1 recruitment process as set out in the Public Appointments Policy) and the Civic Appointments Committee shortlist and interview candidates and then recommend the appointment of citizen members for approval by City Council.

 

b.         the federal and provincial citizen representatives be recruited through the interest group nomination process.

 

7.         In addition to the general eligibility requirements of the Public Appointments Policy, City Council approve qualifications for the citizen board members who shall have directorship and executive-level experience and collectively represent a range of skills, knowledge and experience with one or more large organizations in the following areas:

 

-           Strategic business management, including transformative change management;

-           Financial management, accounting, law, engineering;

-           Customer service or marketing management;

-           Management or planning with a rail or public transit organization;

-           Formulation and/or management of public-private partnerships;

-           Capital project/construction management or capital procurement/supply chain management;

-           Operations and information technology; and

-           Labour relations/industrial safety management.

 

8.         City Council request the Toronto Transit Commission to amend its Procedure By-law to be consistent with the governance changes recommended in this Item and forward the amended by-law to the City Manager for City Council approval in accordance with Council's policy requiring approval of board by-laws that regulate the internal conduct of the business and affairs of the board [Executive Committee Item EX4.6, Part 2a.i., adopted by City Council at its meeting on April 12 and 13, 2011].

 

9.         City Council request the City Manager to amend the Public Appointments Policy and the Remuneration Policy to reflect the governance changes recommended in this Item.

 

10.       City Council request the City Manager to develop the role and responsibilities:

 

a            for the position of Chair; and

 

b.              for the position of Vice Chair, to be considered by the Civic Appointments Committee in its consideration of candidates.

 

11.       City Council authorize the City Solicitor to introduce the necessary Bills in Council to amend Chapter 279, Toronto Transit Commission, of the Toronto Municipal Code, and to give effect to the appointments to the Toronto Transit Commission.

Ruling by Speaker Frances Nunziata
Due to Council's adoption of motion 1 by Councillor Stintz, as amended, Speaker Nunziata ruled motion 12 by Councillor Shiner redundant.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Mar-05-2012 6:56 PM

Result: Carried Majority Required - EX16.8 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, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 10 Members that voted No are Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Denzil Minnan-Wong, Frances Nunziata (Chair), David Shiner, Michael Thompson
Total members that were Absent: 3 Members that were absent are Mike Del Grande, Ron Moeser, James Pasternak

EX16.8 - Toronto Transit Commission Governance

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.          Notwithstanding Recommendation 12 in report EX4.7 adopted by Council at its meeting on April 12 and 13, 2011, City Council approve a new governance structure for the Toronto Transit Commission as follows:

 

a.         9-member board comprised of 5 citizen members and 4 Council members;

 

b.         a Council member appointed by Council as Chair upon the recommendation of the Striking Committee, and a citizen member appointed by the Toronto Transit Commission as Vice-Chair;

 

c.         a 4-year term of office for Toronto Transit Commission citizen members, generally coinciding with the term of Council, or until successors are appointed; except in the initial term of office for citizen members, where the term will be for the balance of this term of Council, or until successors are appointed;

 

d.         maximum service for a citizen member on the Toronto Transit Commission of 2 consecutive 4-year terms to a limit of 8 years, or until successors are appointed; except for maximum service for initial citizen members of one and a half consecutive terms of Council to a limit of 6 years, or until successors are appointed;

 

e.         a 2-year term for Council members on the Toronto Transit Commission, or until successors are appointed, unless the Council members are re-appointed by Council upon recommendation of the Striking Committee; and

 

f.          all members of the Toronto Transit Commission serve at the pleasure of City Council.

 

2.         City Council approve a rate of remuneration for citizen members of the Toronto Transit Commission of $10,000 per year, and $15,000 per year for the citizen Vice-Chair of the Toronto Transit Commission.

 

3.         City Council approve the effective date of the governance changes and citizen member appointments to coincide with the Council member appointments to the Toronto Transit Commission taking effect at the mid-term of this term of Council.

 

4.         City Council authorize the City Manager to commence recruitment of the 5 citizen members through an advertised recruitment process (Type 1 recruitment process as set out in the Public Appointments Policy); and the Civic Appointments Committee shortlist and interview candidates and then recommend the appointment of citizen members for approval by City Council.

 

5.         In addition to the general eligibility requirements of the Public Appointments Policy, City Council approve qualifications for the citizen board members who shall have directorship and executive-level experience and collectively represent a range of skills, knowledge and experience with one or more large organizations in the following areas:

 

-           Strategic business management, including transformative change management;

-           Financial management, accounting, law, engineering;

-           Customer service or marketing management;

-           Management or planning with a rail or public transit organization;

-           Formulation and/or management of public-private partnerships;

-           Capital project/construction management or capital procurement/supply chain management;

-           Operations and information technology; and

-           Labour relations/industrial safety management.

 

6.         City Council request the Toronto Transit Commission to amend its Procedural By-law to be consistent with the governance changes recommended in the report (January 31, 2012) from the City Manager and forward it to the City Manager for onward transmittal to City Council for approval in accordance with recommendation 2(a) (ii) in report EX4.6 adopted by City Council at its meeting on April 12 and 13, 2011.

 

7.         City Council request the City Manager to amend the Public Appointments Policy and the Remuneration Policy to reflect the governance changes recommended in the report (January 31, 2012) from the City Manager.

 

8.         City Council request the City Manager to develop the role and responsibilities:

 

a        for the position of Chair; and

 

b.          for the position of Vice-Chair, to be considered by the Civic Appointments Committee in its consideration of candidates.

 

Origin

(January 31, 2012) Report from the City Manager

Summary

 This report recommends a new governance structure for the Toronto Transit Commission that will transition the Commission to a hybrid, skills-based board of citizens and City Council members collectively representing a broader range of qualifications required to meet the significant management challenges facing the TTC in the foreseeable future.  The primary change recommended is the inclusion of five citizen member positions on the board, recruited through an advertised process, and four City Council member positions, one of whom serves as Chair in recognition of the significant service delivery and financial impacts on the City related to the TTC. These recommended changes will take effect at the mid-term of this term of Council.

Background Information

(January 31, 2012) Report from the City Manager on Toronto Transit Commission Governance
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44980.pdf

Speakers

Miroslav Glavic
Alan Yule

Motions

1 - Motion to Amend Item moved by Councillor Denzil Minnan-Wong (Carried)

That  Recommendation 2 of the report (January 31, 2012) from the City Manager be amended by

 

- deleting $15,000 and replacing it with $10,000

- deleting $30,000 and replacing it with $15,000

 

so that Recommendation 2 now reads:

 

"2.         City Council approve a rate of remuneration for citizen members of the Toronto Transit Commission of $10,000 per year, and $15,000 per year for the citizen Vice-Chair of the Toronto Transit Commission."

Vote (Amend Item) Feb-13-2012

Result: Carried Majority Required - Motion 1 - Councillor Minnan-Wong - Amend Item
Total members that voted Yes: 7 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Rob Ford (Chair), Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson
Total members that voted No: 3 Members that voted No are Doug Holyday, Norman Kelly, Peter Milczyn
Total members that were Absent: 3 Members that were absent are Mike Del Grande, Giorgio Mammoliti, David Shiner

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

That the City Manager develop the role and responsibilities:

 

a.  for the position of Chair; and

 

b. for the position of Vice-Chair, to be considered by the Civic Appointments Committee in its consideration of candidates.

Vote (Amend Item (Additional)) Feb-13-2012

Result: Carried Majority Required - Motion 2 - Councillor Thompson - Amend Item (Additional)
Total members that voted Yes: 10 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Rob Ford (Chair), Doug Holyday, Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Mike Del Grande, Giorgio Mammoliti, David Shiner

3 - Motion to Adopt Item as Amended moved by Councillor Paul Ainslie (Carried)

Vote (Adopt Item as Amended) Feb-13-2012

Result: Carried Majority Required - Motion 3 - Councillor Ainslie - Adopt item as amended
Total members that voted Yes: 10 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Rob Ford (Chair), Doug Holyday, Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Mike Del Grande, Giorgio Mammoliti, David Shiner
Source: Toronto City Clerk at www.toronto.ca/council