TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: November 4, 2024 Report No. ADM-24-071
TO: Council
FROM: Sarah Holloway, Deputy Corporate Officer
SUBJECT: Draft Council Policy ADMIN-82 Committee of the Whole Terms of Reference
RECOMMENDATION:
Recommendation
That Council approve Council Policy ADMIN-82 - Committee of the Whole Terms of Reference.
Body
EXECUTIVE SUMMARY:
All committees of Council have an establishing bylaw or Terms of Reference that provides for the composition of the committee and how it conducts its business. Committee of the Whole is one such committee, however it does not have an approved accompanying Terms of Reference. Therefore, a draft Terms of Reference for the Committee of the Whole has been drafted to provide members of Council, staff, and the public with further clarification on the purpose, mandate, and procedures of the Committee that are not outlined in the Council Procedure Bylaw or in other regulatory documents.
BACKGROUND:
A policy establishing Terms of Reference for Committee of the Whole has been drafted for Council’s consideration to outline the purpose, mandate, and procedures to ensure a greater understanding of the Committee’s role and responsibilities.
This policy has been drafted to alleviate confusion experienced by the public and newly elected members of Council over the distinction between a Council meeting and a Committee of the Whole (COTW) meeting which can be confusing given that membership and quorum for the two bodies are the same. Establishing Terms of Reference will help to differentiate between the decision-making and non-decision-making functions of each body and provide guidance for staff in scheduling of business items for Council or COTW consideration.
ANALYSIS:
The Advisory Committees of the Township’s Council each have establishing Bylaws or Terms of Reference to define their purpose, set their mandate, and outline their membership, in addition to the procedural requirements for meetings that are outlined in the Council Procedure Bylaw. To align with our procedures, as the COTW is also a Committee of Council, it would likewise benefit from a Terms of Reference to further distinguish and clarify its purpose and role in the governance process.
In preparation, staff researched terms of references from other municipalities and regional districts within BC and from other provinces. The majority of Regional Districts have Terms of References for their Committee of the Whole meetings, but it is not as common for municipalities, although several voiced the need and interest in developing one.
The draft Council policy ADMIN-82 Committee of the Whole Terms of Reference (Attachment 1) defines the main purpose of the COTW as a meeting that allows members of Council an opportunity to have a discussion and explore options on a matter in a less structured manner without the pressure of making a decision at the same time. As the COTW is not a decision-making body, a recommendation to Council may be provided, in the same way that other advisory bodies make recommendations to aid Council in their decisions, for consideration and ratification at the next meeting of Council.
The draft policy reiterates the non-procedural business agenda items that are allowed, as outlined in the Council Procedure Bylaw, but provides further clarification on what those business items could be. Those items, as listed below, provide staff with guidance and inform the public on what may be discussed at a COTW meeting:
• Policy and bylaw development;
• Financial or budget deliberations;
• Council Priorities;
• Plans and strategies including, but not limited to, Zoning, Community Development, Parks, Recreation, Infrastructure, Climate, Economic Development, Assets, and Programming; and
• Other Township matters that may require broader discussion and consideration.
To assist the Committee with the phrasing of motions and to provide alternative options, the draft policy details the wording of motions for procedural business items such as the approval of the agenda, and the non-procedural business items of presentations, delegations and staff reports. The phrasing of the motions is important to distinguish as they should reflect the fact that the Committee is not the final decision-making body and allow for additional options should the COTW not wish to make a recommendation to Council at that time, such as requesting further information from staff, or other subject matter experts, or postponing an item to a future meeting.
If the Terms of Reference for Committee of the Whole is approved, a review and evaluation of the policy will occur at the first Committee meeting in January following a local election and the new term of Council.
OPTIONS:
Option 1
That Council approve Council policy ADMIN-82 Committee of the Whole Terms of Reference.
Option 2
That Council amend the policy and approve Council Policy ADMIN-82 Committee of the Whole Terms of Reference as amended.
Option 3
That Council provide alternate direction to staff.
Option 4
That Council request additional information from staff.
Option 5
That Council receive Staff Report ADM-24-071 for information.
COUNCIL PRIORITY:
Good Governance and Organizational Excellence.
FINANCIAL IMPACT:
There is no financial impact.
COMMUNICATIONS/ENGAGEMENT:
If approved, the policy will be circulated to all applicable staff and members of Council. In addition, the policy will be posted to the Township’s website for public access.
TIMELINES & NEXT STEPS:
If approved by Council, the policy will take effect immediately.
REPORT REVIEWED BY:
1. Ian Irvine, Director of Finance, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
Attachment 1 - Council Policy ADMIN-82 Committee of the Whole Terms of Reference