Policy No. 59 — Policy on Committees of Council

Barrington, Nova Scotia

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1 POLICY NO. 59 POLICY ON COMMITTEES OF COUNCIL _________________________________________________________________ 1. In this Policy, unless the context otherwise requires, (1) "Barrier" means anything that hinders or challenges the full and effective participation in society of persons with disabilities including a physical barrier, an architectural barrier, an information or communication barrier, an attitudinal barrier, a technological barrier, a policy or a practice; (2) "CAO" means the Municipal Chief Administrative Officer of the Municipality of the District of Barrington; (3) "Chief Officer" means the chief officer of a police department and includes an officer acting as chief officer of the Barrington RCMP Detachment. (4) "Clerk" means the Municipal Clerk of the Municipality of the District of Barrington; (5) "Council" means the Council of the Municipality of the District of Barrington; (6) "Council Member(s)" means a Councillor(s) or the Warden; (7) "Councillor(s)" means a Council Member, including the Warden; (8) "Disability" includes a physical, mental intellectual, learning or sensory impairment, including an episodic disability; that, in interaction with a barrier, hinders an individual's full and effective participation in society. (9) "Meeting" has the meaning which it has in Section 19 of the Municipal Government Act; (10) "Municipality" means the Municipality of the District of Barrington; (11) "Quorum" means a majority of the voting members of the Committee, unless specifically stated in the Terms of Reference for the Committee. 2 (12) "Warden" means the Warden of the Municipality of the District of Barrington; 2. The Council may appoint Standing Committees and may appoint Ad Hoc Committees for specific purposes. (1) Unless otherwise provided, a Committee may act whether or not the Council is in session. 3. When the Council refers a matter to a Committee, the Committee shall submit a written report back to Council which may be in the form of a recommendation to Council. (1) The minority of the members of a Committee to which a matter has been referred by the Council may submit a separate written report to the Council signed by the minority members. (2) The Clerk shall file and preserve all such reports as part of the proceedings of the Council. 4. The Council may appoint the following standing Committees: a. Committee of the Whole Council b. Planning Advisory Committee/Heritage Advisory Committee c. Accessibility Advisory Committee d. Audit Committee e. Joint Emergency Measures Organization f. Joint Police Advisory Board 5. Ad Hoc Committees may be appointed from time to time to deal with specific matters. 6. All members of the Committee shall be appointed for a one year term from November 1 - October 31 each year. Non-Council members serving on committees are appointed for a term as determined by Council. 7. There will be no remuneration paid to non-council members serving on committees of council with the exception of existing Planning Advisory Committee members who will be paid the remuneration until the end of their term, March 31, 2020. 8. Members of the Committee shall hold office until their successors are appointed by and/or their resignation is accepted by the Barrington Municipal Council. 9. No business shall be transacted at any committee meeting unless a quorum of voting members is present. 3 10. Individuals/delegations requesting to address Council or committees of council shall first complete Form "A" attached. Upon receipt of a completed Form "A", the CAO shall review the Form to ensure all required information has been provided and determine the most appropriate course of action to handle the request. Form "A" may be: a) Placed on an appropriate agenda; b) Referred to a staff member or department where the subject matter of the presentation can be adequately addressed by staff. c) Refused, where the subject matter of the presentation is a matter outside the jurisdiction of the municipality. d) Refused, for any other reason, after consultation with Councillors, with explanation by the CAO in writing to Council giving the reason for the refusal. The general guideline to be followed is that there will be no more than a maximum of one (1) presentation scheduled for any council/committee meeting with a maximum of two speakers for any one presentation unless previously arranged and that presentations be limited to 15 or 30 minute periods with a 15 minute period following to allow for questions. 11. A Regular meeting of the Committee shall be held on at least four (4) days notice, but emergency meetings may be called by the Chairperson on one (1) days notice and all meetings shall be open to the public unless a Closed Session is held in accordance with the Municipal Government Act. Notice of meetings of committees shall be; (1) posted monthly in the Municipal Office, and; (2) when possible, listed on the Municipal website. 12. The ordinary hours of committee meetings shall be determined by resolution of the committee, with any change in adjournment being made by majority vote of members. 13. Unless otherwise provided in this Policy, members of each Committee appointed under the provisions of this Policy shall elect a Chairperson and Vice Chairperson from among their members. The Municipal Clerk or his/her delegate shall act as secretary for all Standing Committees. (1) The Chairperson is accountable to Council for his/her performance. (2) The Chairperson has no formal authority to direct the Committee, unless specifically authorized by Council by resolution. 4 (3) Primary duties of the Chairperson: (1) Chairing all meetings of the Committee. (2) Enforcing rules as they apply to the Committee and its individual members. (3) Disciplining members of the Committee. (4) Ensuring full and timely communication with members of the Committee. (5) Ensuring effectiveness of the Committee. (6) When any person uses profanity and/or obscene language or unbecoming language, that person shall be advised by the Chair that they are out of order and asked to apologize. If no apology is forthcoming then the person shall be asked to leave the meeting immediately. If the person fails to leave the meeting then the Chair shall adjourn the meeting until the matter has been resolved. If necessary the Chair will ask the CAO to call the RCMP to address the matter. (4) Unless otherwise indicated, the chair may be removed by a resolution of the Committee or by a resolution of Council for which advance notification has been given to all members, duly moved and seconded, and passed by a majority of members present at a regular or special meeting of the Committee or Council. 14. The Committee is committed to effective decision-making and once a decision has been made, speaking with one voice. Towards this end committee members will: (1) Refrain from "lobbying" outside of committee meetings that might have the effect of limiting free and open discussion. (2) On important issues, encourage consensus decisions as well as ones that strive for collaborative rather than compromise solutions. (3) Once made, support majority decisions, even if one's view is a minority one. (4) Respect the confidentiality of information on sensitive issues. (5) Refrain from speaking for the committee unless authorized to do so by motion of the committee. (6) Disclose one's involvement with other organizations, businesses or individuals where such a relationship might be viewed as a conflict of interest. 15. No member of any committee may speak or act on behalf of the Municipality. 5 16. Where any member of the Committee has failed to attend three (3) consecutive meetings of the Committee of which due notice has been given without having been excused from such meetings by the Committee which excuse may be granted either before, during or after such meeting, such member shall therefore forthwith vacate his/her seat as a member of the Committee and shall be deemed to have resigned. The remaining members shall at the next meeting of the Committee declare the seat to be vacant and the secretary shall forthwith notify, in writing, the council who shall proceed to fill the vacancy. Please see the "Annual Remuneration and Benefits for Councillors Policy" for details on eligible excuses for missed meetings. 17. Minutes shall be kept of all Committee Meetings and shall be filed with the Municipal Clerk and posted on the Municipal website not later than ten (10) days after each meeting. 18. Committee Meeting proceedings shall be the same as proceedings for Council Meetings as outlined in the "Council Meetings and Proceedings Policy". NOTE: All committees are subject to the above rules and regulations unless specifically addressed in the following: STANDING COMMITTEES COMMITTEE OF THE WHOLE COUNCIL The Committee of the Whole of the Barrington Municipal Council shall consist of all members of Municipal Council. The Committee shall meet the second and third Tuesday of each month with the exception of the month of December when meetings will be scheduled on an individual basis earlier in the year in order to provide adequate flexibility to ensure meetings do not encroach on the Christmas Season. Additional meetings may be held as required by circumstances. The mandate of the Committee of the Whole Council is: a) to discuss, consider, advise and make recommendations to Council concerning the affairs of the Municipality that may come before Council, in advance of Council making decisions or taking action on such matters, except where Council determines that consideration by the Committee is unnecessary or inadvisable, and except that the following matters shall normally be dealt with by Council without having to be forwarded to Committee for its recommendations: i) reports and recommendations from other committees of Council; 6 ii) planning matters; iii) first or second reading of By-law enactments, amendments or repeals; and iv) matters which are the subject of a statutory hearing by Council. b) to take action on such matters as are lawfully delegated to it by the Municipality's By-laws and Policies or by Council resolution; c) to take such other steps not inconsistent with this Policy that the Committee reasonably deems necessary to carry out its mandate. PLANNING ADVISORY COMMITTEE The Planning Advisory Committee shall consist of not less than five (5) members, no more than three (3) of whom shall be members of the Municipal Council and a minimum of two (2) shall be non-council members residing in the Municipality. Council Members shall be appointed for a term of one (1) year and other members shall be appointed for a term of two (2) years. Any persons appointed may be reappointed. The Committee shall meet on an as-needed basis. The Committee shall be charged with performing the following duties and responsibilities: a) The Committee shall advise Council in the preparation, amendments or revision of Planning Strategies, Land Use By-laws and Subdivision By-laws and on planning matters generally. b) The Committee may, with the approval of Council, establish one or more area advisory committees to advise them on planning matters affecting a specific area of the Municipality. c) Meetings of the Committee shall be open to the public unless the Committee, by a majority vote, moved a meeting in camera because the issue under discussion involves personnel of the Municipality, the opinion of a Barrister and Solicitor or an application for a municipal development permit or development agreement before the applicant has made application to the Municipality or Municipal Development Officer for such an agreement or permit or such other matters permitted by the Municipal Government Act. d) The date, time and location of committee meetings shall, at least five (5) days before the date of the meeting, be posted in the Municipal Office or another conspicuous place determined by the Committee. 7 e) The Committee shall be authorized to hold public meetings at such times and in such manners as it or Council decides. f) The Committee shall perform such other duties as may be required under the Planning Act as determined by Council from time to time. This Committee also meets as the Heritage Advisory Committee, when required. This Committee deals with the registration of heritage properties, applications to alter the external appearances of or to demolish a heritage property and deregistration of heritage properties. ACCESSIBILITY ADVISORY COMMITTEE Purpose The Accessibility Advisory Committee provides advice to Council on identifying preventing and eliminating barriers to people with disabilities in municipal programs, services, initiatives and facilities. The Committee plays an important role in helping the Municipality of the District of Barrington become an accessible community and meet its obligations under the Nova Scotia Accessibility Act. Mandate The Accessibility Advisory Committee will, consistent with the purpose described above, undertake the following: 1) Advise Council on the preparation, implementation and effectiveness of its accessibility plan. In accordance with the Accessibility Act, the plan must include: a) a report on measures the municipality has taken and intends to take to identify, remove and prevent barriers; b) information on procedures the municipality has in place to assess the following for their impact on accessibility for people with disabilities: - any proposed policies, programs, practices and services - any proposed enactments or by-laws c) any other prescribed information. 2) Review and update its accessibility plan at least every three years, in accordance with the act. 3) Consult with the community on accessibility in the municipality. 4) Advise council on the impact of municipal policies, programs and services on people 8 with disabilities. 5) Review and monitor existing and proposed municipal by-laws to promote full participation of people with disabilities, in accordance with the act. 6) Identify and advise on the accessibility of existing and proposed municipal services and facilities. 7) Advise and make recommendations about strategies designed to achieve the objectives of the municipality's accessibility plan. 8) Receive and review information from council and its committees and make recommendations, as requested. 9) Assist in monitoring compliance with federal and provincial government directives and regulations. Membership The Committee shall consist of seven (7) voting members:  Three (3) Council members, one of which serving as Chair - one year term  Four (4) people with disabilities or representatives of organizations that represent people with disabilities, in accordance with the act, one of which shall be a student (Grade 11 student preferred) - two year term Support Staff:  Chief Administrative Officer  Director of Public Works or designate  Accessibility Coordinator The Committee may, from time to time, consult with other agencies, municipal employees or organizations. Council may, at any time, remove any member of the Committee by Council resolution and any member of the Committee may resign therefrom at any time upon sending written notice to the Chairperson of the Committee. In the event of a vacancy during a regular term, the vacancy may be filled for the remainder of that term upon resolution of Council as soon as is convenient. Meetings 9 The Committee shall meet at least four (4) times per year, or as needed to fulfill its duties. Meetings of the Accessibility Advisory Committee shall be open to the public. Quorum shall be determined by this Policy. The committee may establish working groups to explore specific issues relates to the accessibility plan and/or to other responsibilities. A working group may include additional members from the community who are not Advisory Committee members. The Chair of a working group must be a member of the Accessibility Advisory Committee. AUDIT COMMITTEE The Audit Committee shall consist of not less than five (5) members, no more than three (3) of whom shall be members of the Municipal Council and a minimum of two (2) shall be non- council members residing in the Municipality. Council Members shall be appointed for a term of one (1) year and other members shall be appointed for a term of two (2) years. Any persons appointed may be reappointed. The Committee shall meet at least twice per year as required by the Municipal Government Act. Citizen members are required to show a strong demonstration of financial awareness. Duties and responsibilities of the Committee are as follows: a) carry out a detailed review of the financial statements of the Municipality with the auditor; b) receive information regarding the evaluation of internal control systems and any management letter with the auditor; c) carry out a review of the conduct and adequacy of the audit; d) make recommendations to council to carry out such matters arising out of the audit as may appear to the audit committee to require investigations; e) carry out such other matters as may be determined by Council to be the duties of an audit committee; f) make recommendations to Council regarding the acceptance of the yearly audit. g) any other matters as may be determined by Council from time to time; JOINT EMERGENCY MEASURES ORGANIZATION 10 EXECUTIVE COMMITTEE The Joint Emergency Measures Organization Executive Committee shall consist of the Warden of the Municipality of Barrington and the Mayor of the Town of Clark's Harbour and not more than two (2) members of each Council. Appointments must be made by each Council by resolution. The Chairman of the Executive Committee shall alternate between the Warden of the Municipality of Barrington and the Mayor of the Town of Clark's Harbour for terms equivalent to the Municipal Electoral term, beginning with the Warden of the Municipality of Barrington whose first term will expire in 2000. The Committee shall meet from time to time as determined by the Chairman or majority of the members. A majority of the members of the Committee shall constitute a quorum for the transaction of business. Minutes shall be kept of all Committee Meetings and a copy shall be provided to each member of the Committee and each member of the Municipal Council and the Municipal Clerk, by the Committee Secretary not later than ten (10) days after each meeting. The Joint Emergency Measures Organization Executive Committee shall have the following duties, powers and responsibilities: a) To establish and recommend policy for the Municipality of the District of Barrington and the Town of Clark's Harbour Joint Emergency Measures Organization. b) To recommend to the Councils, from time to time, by resolution of the Committee, the appointment of an Emergency Planning Officer for the Joint Emergency Measures Organization and such other employees as may be required to assist the Emergency Planning Officer from, wherever possible, within the Municipal Administration. c) Subject to the approval of the Council to name or assign such persons as it may deem advisable to provide key personnel to perform duties related to continuity of municipal government and public survival in case of an emergency or disaster. d) To submit to the Councils for inclusion in their annual estimates, estimates of expenditures for the operation and maintenance of the Joint Emergency Measures Organization. e) To perform such other duties and responsibilities as would normally be required of the Committee or as may be required of the Committee by the Councils from time to time. 11 JOINT POLICE ADVISORY BOARD Purpose The Municipality of the District of Barrington and the Town of Clarks Harbour together with the local detachment of the Royal Canadian Mounted Police have created a Joint Police Advisory Board under the authority of the Nova Scotia Police Act. The oversight role of the Board provides an opportunity for community members to exercise civilian governance relating to law enforcement and administrative direction required to maintain adequate and effective policing in Nova Scotia. Mandate The function of the board is to provide advice to the councils of the Municipality of the District of Barrington and Town of Clarks Harbour in relation to the enforcement of law, the maintenance of law and order and the prevention of crime in the municipality and town. The advisory board shall not exercise jurisdiction relating to complaints, discipline, personnel conduct or the internal management of the Royal Canadian Mounted Police. The Police Advisory Board shall, subject to the police contract or policing agreement: a. Determine, in consultation with the chief officer or the chief officer's designate, priorities, objectives and goals respecting police services in the community; b. Ensure the chief officer establishes programs and strategies to implement the priorities, objectives and goals respecting police services; c. Ensure that community needs and values are reflected in policing priorities, objectives, goals, programs and strategies; d. Ensure that police services are delivered in a manner consistent with community values, needs and expectations. e. Act as conduit between the community and the police department; Membership The board shall consist of nine (9) members: - two members from each municipal council and town council appointed by resolution of that council; - two members from each municipality and town, appointed by resolution of the council, who are neither members of council nor employees of the municipal units; and - one member appointed by the Minister. Advisory Board Member Selection Process The selection process used by a council in appointing an advisory board member to a vacancy on the advisory board, except an advisory board member appointed by the Minister under 12 clause 57(3)(c) of the Act, must include all of the following: (a) the advisory board vacancy must be advertised and applications must be solicited for the vacancy; (b) an applicant must be required to go through a screening process, including an interview, conducted by a panel established by the council; (c) each applicant must be notified of the outcome of the selection process. In the process of selecting an advisory board member, the council must consider each candidate's education and work experience. Advisory Board Member Qualifications To be a candidate for appointment as an advisory board member under Section 82, a person must demonstrate all of the following qualifications to the satisfaction of the council: (a) residence in the municipality or town served by the board, or considerable interest in serving on the advisory board; (b) considerable knowledge of community issues and an understanding of policing values and governance; (c) a good character; (d) willingness to make the commitment of time and effort required to carry out advisory board responsibilities. Police Checks To be a candidate for appointment as an advisory board member under Section 82, a person must consent to criminal and background checks. A person must not be appointed as an advisory board member if criminal and background checks show that the person has been convicted of any criminal offence or has been or is the subject of a disciplinary proceeding in any jurisdiction that, in the opinion of the council, would reasonably be expected to have a negative impact on their acting as an advisory board member or on the advisory board generally. Code of Conduct for Advisory Board Members An advisory board member must do all of the following: (a) uphold the letter and spirit of the code of conduct set out in this Section and discharge their duties in a manner that will inspire public confidence in the abilities and integrity of the advisory board; (b) unless they have a reasonable excuse, attend every advisory board meeting; (c) not interfere with the police department's operational decisions and 13 responsibilities or with the day-to-day operation of the police department, including the recruitment and promotion of officers; (d) keep confidential any information disclosed or discussed at an advisory board meeting; (e) not claim to speak on behalf of the advisory board unless authorized by the chair of the advisory board to do so; (f) if publicly disagreeing with a decision of the advisory board, make it clear that they are expressing a personal opinion; (g) discharge their duties loyally, faithfully, impartially and according to the Act, any other Act and any regulation, rule or by-law; (h) discharge their duties in a manner that respects the dignity of individuals and is in accordance with the Human Rights Act and the Canadian Charter of Right and Freedoms. (i) not use their position inappropriately to advance their interests or the interests of any person or organization with whom or with which they are associated; (j) immediately resign from the advisory board if applying for employment with a police department, including employment on contract or on fee for service; (k) refrain from engaging in professional or personal conduct that could discredit or compromise the integrity of the advisory board or the police department; (l) if their conduct or performance is the subject of investigation or inquiry, temporarily withdraw from all advisory board activities and duties as a member of the advisory board until the completion of the investigation or inquiry. If the chair or the majority of the advisory board determines that an advisory board member has breached the code of conduct for advisory board members, the advisory board must record that determination in its minutes. On determining that an advisory board member has breached the code of conduct for advisory board members, the advisory board may take one or more of the following actions: (a) issue a reprimand to the advisory board member; (b) order a period of suspension for the advisory board member; (c) recommend to the Minister or the council that the board member be dismissed under subsection 57(7) of the Nova Scotia Police Act. Meetings A chair and vice-chair of the advisory board shall be chosen by the members of the advisory board at the first meeting in each year. The advisory board must hold a board meeting at least every three months. 14 The Chief Officer, Clerk for the Town of Clarks Harbour and the Chief Administrative Officer for the Municipality of the District of Barrington must receive notice of meetings of the advisory board and are entitled to attend such meetings, but not to vote. A majority of the members of the advisory board constitutes a quorum. Meetings of the advisory board are open to the public. Oath of Office Each member of the advisory board shall take an oath of office or affirmation as prescribed by regulation and adhere to a code of conduct prescribed by the regulations. Training Requirements Advisory board members shall undergo any training that may be provided for members of the board or required by the Minister or by regulation. AD HOC COMMITTEES 15 FORM "A" TO BE COMPLETED BY ANYONE WISHING TO ADDRESS COUNCIL OR COMMITTEE OF THE WHOLE COUNCIL No decision will be made at the same meeting as your presentation. Names of individuals making the presentation: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Points to be made: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Purpose and any requests that may be forthcoming from the presentation: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Please attach a copy of your written or power point presentation. Time requested for presentation: 15 minutes________ 30 minutes________ ______________________________ Signature 16 Page 2, Form "A" Print Name: _______________________________________ Mailing Address:____________________________________ Phone Number: ____________________________________ E-mail address:_____________________________________ What accommodations, if any, do you require for your presentation? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Will you require a projector and computer for your presentation? NOTE: Individuals or groups making presentations are required to address their comments and questions to the Chair of the Meeting only. Form "A" must be returned at least 7 days in advance of the Meeting you wish to attend. 17 Clerk's Annotation for Official Policy Book Date of Notice to Council members of Intent to Consider April 9, 2024 Date of Passage of current amendments April 23, 2024 I certify that Policy 59 "Policy on Committees of Council" was amended by Council as indicated above. ___________________________________ _________________________ Lesa Rossetti Date Municipal Clerk VERSION LOG Version Number Amendment Description Approved By Approval Date 1 Policy Approved by Council Council January 26, 2009 2 Amendments approved by Council Council October 26, 2009 3 Amendments approved by Council Council November 23, 2009 4 Amendments approved by Council Council February 22, 2010 5 Amendments approved by Council Council October 28, 2013 6 Amendments approved by Council Council April 28, 2014 7 Amendments approved by Council Council August 21, 2014 8 Amendments approved by Council Council December 12, 2016 9 Amendments to various sections of the Policy Council January 27, 2020 10 Amendments to Definitions and Terms of Reference for Accessibility Advisory Committee Council February 24, 2020 11 Revised Terms of Reference to NS Marathon Committee Council February 28, 2022 18 12 Amended Sections 10 (page 3), First para under "Committee of the Whole Council" April 25, 2022 13 New Section 10 Council May 23, 2023 14 Amended Sections 1(3), 4(g), Section 9 of AAC Terms of Reference and added new Terms of Reference for Police Advisory Board Council August 22, 2023 15 Removal of RAC from the Section 4.c. and renumbered remaining list, Removed Terms of Reference for RAC, NS Marathon Committee, Barr/CH Satellite Dialysis Committee and added "accommodations" to Form A Council April 23, 2024