Public Appointment Policy — full text

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## 1. Title - 1.1 This Policy shall be known as the Public Appointment Policy. ## 2. Authority - 2.1 This Policy is made pursuant to Section 24(3) and Section 47(4) of the Municipal Government Act, SNS 1998, c 18, as amended. ## 3. Definitions - 3.1 In this Policy, the following words shall have the following meanings: - (a) "Appointee" means a successful applicant appointed by Council to a Committee or External Board or Agency pursuant to this Policy; - (b) "Committee" means a Committee established by Council that requires the appointment of a Member of the public by Council; - "Council" means the Council of the Municipality of the County of Inverness; - (d) "Councillor" means a Councillor of the Municipality of the County of Inverness; - (e) "Conflict of Interest" means any matter a Member is involved in that may have a direct or indirect conflict with the matter under consideration by the Council or Committee as defined by the Municipal Conflict of Interest Act; - (f) "External Board or Agency" means an External Board or Agency that requires the appointment of a Member of the public by Council; - (g) "Honorarium" means a voluntary payment for services to an individual who is not a municipal employee, and to whom payments are not legally or traditionally required; - (h) "Leave of Absence" means an authorized period of leave without the loss of the Member's seat, such as for parental leave or similar; ## Public Appointment Policy | Policy Number | 2026-01-09-02 | |-----------------|-----------------| | Effective Date | 2026-01-08 |  - (i) "Meeting" means a session where all Members of Council or a Committee are to come together to address business related to their mandate; - (i) "Member" means either an elected Councillor or an appointed Member of a Committee; - (k) "Members of the Public" means individuals who are not elected officials, municipal staff, or representatives of formal organizations, but who reside in or are affected by the Municipality and may participate in civic matters. - (1) "Municipality" means the Municipality of the County of Inverness; - (m) "Nominating Committee" means the Nominating Committee of the Municipality of the County of Inverness; - (n) "Policy" means this Public Appointment Policy, as amended from time to time; - (o) "Public Session" means a Meeting or proceeding that is open to the general public allowing individuals or organizations to observe and provide feedback; and - (p) "Staff" means employees of the Municipality. ## 4. Purpose of this Policy - 4.1 The purpose of this Policy is to: - (a) clearly identify the process Council must follow when appointing a Member of the public to a Committee or an External Board or Agency; - (b) ensure consistency, integrity and fairness in administering the appointment process; - (c) ensure the needs of a Committee and External Board or Agency are met by appointing Members of the Public who match the qualifications required of each individual Committee and External Board or Agency; and - (d) recognize that the Municipality is best served by appointing Members of the Public to a Committee and External Board or Agency that reflect the geography and diversity of the community being served.  ## 5. Application of this Policy - 5.1 This Policy applies only when appointing a Member of the Public to a Committee or External Board or Agency. - 5.2 This Policy does not apply when appointing a Councillor to a Committee or an External Board or Agency. ## 6. Eligibility and Qualifications of Applicants - 6.1 A person must meet all the following requirements to be eligible to apply for an appointment by Council to a Committee or an External Board or Agency: - (a) be at least 18 years of age (exceptions may be made by Council for Committees specifically related to youth or requiring a youth Member); - (b) be a resident of the Municipality and must continue to be a resident of the Municipality throughout the term of the appointment; - (c) if/where required by law for a specific appointment, the resident must also be a Canadian citizen; and - (d) not be ineligible for an appointment pursuant to this Policy. - 6.2 Each Committee and/or External Board or Agency may require additional qualifications for an appointment. - 6.3 In order to enable the Municipality to achieve the objectives of access, equity and diversity applicants are encouraged to include self-identifying information in their applications for an appointment. - 6.4 A Member of Staff is ineligible for an appointment to a Committee or External Board or Agency, unless the Committee or External Board or Agency specifically requires the appointment of a Staff Member by virtue of the Staff Member's position. - 6.5 A Member of the public may serve on more than one (1) Committee or External Board or Agency at any given time.  - 6.6 In the event an Appointee no longer meets the eligibility requirements set out in this Section 6 of this Policy, then Council must remove such person from the Committee or External Board or Agency, and initiate proceedings to replace the vacant position pursuant to this Policy. ## 7. Procedure for Making an Appointment - 7.1 When Council is required to appoint a Member of the Public to a Committee or an External Board or Agency, for whatever reason, then Council must follow the order of procedure outlined below. ## Step 1: Determination of Qualifications Required - 7.2 Staff must provide Council with a list of the required skills, assets and/or qualifications for the particular appointment (based on requirements identified in a policy of Council, by the relevant Committee or External Board or Agency, or by legislation), including those eligibility requirements set out at Section 6 of this Policy. - 7.3 Council must identify: - (a) the available appointment; - (b) the skills, assets and/or qualifications for the particular appointment (as provided by Staff in Section 7(2) of this Policy); and - (c) the deadline to submit applications for the appointment. ## Step 2: Advertisement - 7.4 The appointment must be advertised to the public at large by publishing the advertisement: - (a) at least twice in each of The Inverness Oran newspaper and The Reporter newspaper, with the second advertisement being published at least five (5) business days before the deadline to submit applications; - (b) on the Municipality's website; and - (c) on the Municipality's social media pages.  - 7.5 The advertisement set out in Section 7.4 of this Policy must contain the following information: - (a) the skills, assets and/or qualifications for the appointment as set out in the Section 7.3(b) of this Policy; - (b) the deadline for submitting applications; and - (c) how to submit the application. ## Step 3: Applications - 7.6 Application forms for an advertised appointment must be made available: - (a) on the Municipality's website; and - (b) at the Office of the Municipality (375 Main Street, Port Hood, NS, BOE 2WO). - 7.7 To apply for an advertised appointment, an applicant must: - (a) complete the required application form and submit it before the application deadline; - (b) disclose any real or perceived Conflict of Interest with the Committee or External Board or Agency, including direct or indirect pecuniary interest with the Municipality, Staff, and/or individual Councillors. Disclosure of such potential conflicts does not mean that an applicant is automatically ineligible for an appointment, but the Nominating Committee and Council must assess potential conflicts in its determination of whether an applicant may be considered further. - 7.8 Applicants may submit a resume or other pertinent information along with the completed application form to demonstrate they meet the skills, assets and/or qualifications outlined in the advertisement.  - 7.9 Incumbent Appointees who are eligible and willing to seek reappointment to a Committee or External Board or Agency must re-apply in the same manner as other applicants in order to be considered for re-appointment, which may include completing the formal interview process (if applicable). - 7.10 Applicants may apply for more than one appointment. ## Step 4: Review and Consideration of Applications - 7.11 After the advertised deadline for submissions has passed, the Office of the Chief Administrative Officer will provide the Nominating Committee with all applications submitted for an appointment before the submission deadline. ## 7.12 The Nominating Committee must: - (a) review all applications submitted for an appointment; - (b) nominate one (1) applicant for the appointment, and recommend this nomination to Council; - (c) not review any applications until the advertised deadline for submissions has passed; - (d) not review applications submitted after the deadline for submissions for the appointment. - 7.13 When reviewing and discussing the applications, the Nominating Committee must meet in a Public Session unless matters arise that fall within the in-camera provisions of the Municipal Government Act, SNS 1998, c. 18, as amended. Any closed session must comply with the requirements of the Act, and the Committee must be able to provide reasons for its decision on each applicant, if required by law, and; - (a) be guided by the following principles: i. merit ii. equity ill. accessibility iv. diversity  - (b) determine what effect, if any, an applicant's real or perceived Conflict of Interest has the applicant's ability to meet the requirements of the appointment; - (c) evaluate an incumbent Appointee in the same way and by the same criteria as new applicants. - 7.14 After reviewing the applications, the Nominating Committee must then move into a Public Session to do one of the following, at the Nominating Committee's sole discretion: - (a) move directly to a resolution nominating an applicant for the appointment; - (b) short-list applicants in order to conduct interviews to further determine the expertise and suitability of candidates for the skills set sought; and - (c) extend the deadline for applications by making one further advertisement in The Inverness Oran newspaper, The Reporter newspaper, and the Municipality's website and social media pages if there are not enough qualified or eligible applications to provide the Nominating Committee with a sufficient pool of candidates to choose from to fill the appointment. ## Interviews - 7.15 If the Nominating Committee chooses to conduct interviews pursuant to Section 7.14(b) of this Policy, the interviews shall be conducted directly by the Nominating Committee. - 7.16 After interviews have taken place, the Nominating Committee must report to Council in a Public Session unless matters arise that fall within the in-camera provisions of the Municipal Government Act, SNS 1998, c.18, as amended. Any closed session must comply with the requirements of the Act, and the Committee must be able to provide reasons for its decision on each applicant, if required by law.  ## Extend Deadline - 7.17 If the Nominating Committee chooses to extend the deadline for applications pursuant to Section 7.14(c) of this Policy, the application must be advertised again and further applications received must be reviewed according to the above-noted requirements of this Policy. ## Step 5: Nominations - 7.18 The Nominating Committee, in a Public Session, must nominate one (1) applicant for the appointment. - 7.19 After the Nominating Committee has made the nomination by resolution, Council must then confirm the nomination by resolution. ## Step 6: Following Appointment - 7.20 Following a resolution of Council confirming the appointment, the Office of the Chief Administrative Officer must: - (a) provide the Appointee with a letter that includes: - i. a copy of the resolution of Council appointing the Appointee; - ii. the date of the appointment; - iii. a copy of this Policy; - iv. a copy of the Municipality's Expense Policy; - v. a copy of the Municipal Conflict of Interest Act, RSNS 1989, c 299, as amended; - vi. confirmation that the Appointee shall hold the appointment at the pleasure of Council; and - (b) a request that the Appointee confirm acceptance of the appointment.  - 7.21 Upon confirmation of acceptance of the appointment by the Appointee, the Office of the Chief Administrative Officer must: - (a) make a record of the appointment, including the resolution of Council where the appointment was made; - (b) notify the chairperson/lead of the Committee or External Board or Agency of the appointment and provide the Appointee's contact information. ## 8. Conflict of Interest - 8.1 When reviewing applications for an appointment, the Nominating Committee and Council must consider whether, in their sole discretion, a real or perceived Conflict of Interest makes an applicant ineligible for a particular appointment. - 8.2 In the event the Nominating Committee and/or Council determines that appointing an applicant to a particular appointment would create a real or perceived Conflict of Interest, then that applicant shall not be eligible for the appointment. - 8.3 Councillors are subject to the Municipal Conflict of Interest Act, RSNS 1989, c 299, as amended and the Municipal Government Act, SNS 1998, c 18, as amended, and must observe all requirements of that legislation when reviewing applications and making appointments. - 8.4 No Councillor or Staff Member shall provide a reference in support of an applicant for appointment to a Committee or an External Board or Agency. ## 9. Status of Appointees - 9.1 Appointees serve at the pleasure of Council. Council may remove a Member appointment from a Committee by resolution, for contravention of this Policy, or other applicable policy, procedure, bylaw, or legislation. - 9.2 Appointees are subject to the Municipal Conflict of Interest Act, RSNS 1989, c 299, as amended and the Municipal Government Act, SNS 1998, c 18, as amended.  ## 10. General Standard of Conduct - 10.1 Appointees shall serve and be seen to serve: - (a) in a conscientious and diligent manner; - (b) in a manner that accommodates access to services by the Municipality's diverse communities; - (c) in a manner that is respectful of difference and diversity; - (d) in a manner with the highest standard of ethical conduct and integrity; and - (e) in a manner that they perform functions with honesty, integrity, accountability, and transparency. - 10.2 Appointees shall not improperly use the influence of their office for any purpose other than the exercise of official duties and act without self-interest. - 10.3 Appointees are expected to perform their duties in a transparent manner that promotes public confidence. - 10.4 Appointees shall be cognizant that they are at all times representatives of the Municipality and of Council, recognize the importance of their duties and responsibilities, take into account the public character of their function, and maintain and promote the public trust in the Municipality. - 10.5 Appointees shall strive to serve the public interest by upholding both the letter and the spirit of the laws. - 10.6 An Appointee who, without leave of the Committee or board, is absent from three consecutive regular Meetings, ceases to be a Member.  ## 11. Term and Length of Service - 11.1 The term of each appointment shall be the term established by each individual Committee or External Board or Agency. - 11.2 Despite the term of an appointment, Council retains the right to remove and/or replace an Appointee from his/her appointment at any time pursuant to Section 9.1 of this Policy. - 11.3 No Member of the Public may be appointed to the same Committee or External Board or Agency for more than two (2) consecutive terms, subject to any restrictions of the Committee or the External Board or Agency. - 11.4 Appointees continue to serve on a Committee or an External Board or Agency past the end of their term, at the pleasure of Council, until successors are appointed, subject to any restrictions of the Committee or the External Board or Agency. - 11.5 Subject to Section 11.6 of this Policy, an incumbent Appointee is ineligible to re-apply for appointment beyond the maximum length of service set out in Section 11.3 of this Policy. - 11.6 An incumbent Appointee is eligible to apply beyond the maximum length of service set out in Section 11.3 of this Policy only if an insufficient number of applications has been received from eligible and qualified applicants for the appointment. ## 12. Leave of Absence - 12.1 Appointees who run for elected office, whether municipal, provincial, or federal, must take a Leave of Absence from the Committee or External Board or Agency during the election period. In particular, this leave must begin on the day the Appointee is nominated as a candidate standing for election. This leave ends upon the release of final election results, or any appeal thereof (if applicable). - 12.2 For greater certainty, the term of an Appointee who takes leave pursuant to Section 12.1 of this Policy continues to run during the period of such leave. - 12.3 If the Appointee running for elected office is elected, then the Appointee ceases to be a Member of the Committee or External Board or Agency. This vacancy must be filled for the remainder of that former Appointee's term.  - 12.4 If an Appointee running for elected office is not elected, then the Appointee may continue to serve the remainder of their term on the Committee or External Board or Agency, at the pleasure of Council. ## 13. Honorarium - 13.1 An Appointee may be entitled to payment of an Honorarium by the Municipality, in accordance with the Municipality's Honorariums for Citizen and Advisory Committees Policy, as amended from time to time. ## 14. Confidentiality - 14.1 Only the Nominating Committee, Councillors and required Staff shall be provided with copies of applications for appointments. - 14.2 All those provided with copies of the applications pursuant to Section 14.1 of this Policy shall return all applications and related private and confidential material in their possession (including any list of applicants) to the Office of the Chief Administrative Officer once Council approves the appointments. - 14.3 The Nominating Committee, Council, and Staff must not copy, disclose or otherwise disseminate information contained in any confidential list of applicants, or any application, confidential report or information received at in-camera sessions, nor may they repeat any confidential information heard at those Meetings. ## 15. Ceasing to Meet General Requirements - 15.1 An Appointee who accepts an office or employment or has a Conflict of Interest that is incompatible with continued service on the Committee or External Board or Agency shall immediately notify, in writing, the Office of the Chief Administrative Officer. The Office of the Chief Administrative Officer shall then notify Council and the relevant Committee or External Board or Agency.  ## 16. Policy Not Retroactive - 16.1 Nothing in this Policy shall affect or invalidate in any way an appointment to a Committee or External Board or Agency made prior to Council's adoption of this Policy. ## 17. Policy Review - 17.1 This Policy must be reviewed by Council every four (4) years. ## 18. Repeal and Replace - 18.1 This policy repeals Public Appointment Policy 2021-02-18-0 and replaces it with Public Appointment Policy 2026-01-09-02.   1, Keith MacDonald, CAO and Clerk of the Municipality of the County of Inverness hereby certify that the above-noted policy was passed on January 8, 2026 at a meeting of the Municipality of the County of Inverness. Keite MeeT all Keith MacDonald ## Policy History | Notice of Motion | November 13, 2025 | |---------------------|---------------------| | Approved by Council | January 8, 2026 |