Staff Report: Committee Terms of Reference

BACKGROUND

At the February 6, 2023, Council meeting, Council directed as follows:

Direct staff to initiate the process for creating two interim committees of Council by bringing forward an updated Terms of Reference / Committee of Council Policy, an expression of interest process for appointing citizen representatives to each committee, and a proposed committee schedule for Council’s consideration.

As outlined in the accompanying report from the February 6 meeting, two interim advisory committees will be formed. The purpose of advisory committees are to allow members of the public to have input on issues and to receive information in a less formal setting than a Council meeting. The committees review the issues before them and make recommendations to Council to either accept an application or proposal as submitted, to make changes to a proposal or application, or to send it back to staff or the applicant for further review before returning to Council (or committee).

Each committee will have a different focus, and the issues they will oversee are specific to the committee’s mandate. Therefore, the two interim committees may be subject to change based on the outcome of the strategic planning to be completed this year. Staff suggest the first committee be the “Sustainable Development Advisory Committee” to address Planning and Engineering related matters, as applications and issues often require Planning and Engineering considerations in tandem. This committee will be able to address the Planning and Engineering concerns in concert, allowing for a fulsome review of the development and the potential impacts of that development on the broader community.

Staff suggest the second committee be a “Community Advisory Committee” to address all other matters, including those previously addressed through the remaining committees. Staff feel that many of the matters dealt with under the previous format of parks and recreation, community safety, and administration and finance can be integrated synergistically into one Community Advisory Committee.

Committee terms of reference are established by Council Policy which, among other things, sets out the scope of each committee. Staff have drafted terms of reference to apply to these two committees until a final decision is made on the future structure of committees. When the final committee structure has been determined, staff will bring forward revised terms of reference which capture the finalized structure.

COMMENTARY

The Council Procedures Bylaw includes provisions that incorporate Council procedure rules into committee meetings. The committee terms of reference contain provisions that are in addition to the Council Procedure Bylaw.

The purpose of committees is to encourage public involvement in Council matters and to allow for more detailed discussions into topics than would be possible during a Council meeting. The proposed terms of reference establish the scope of each committee to assist the public in understanding which committee their matter falls under. They also set out the composition of the committee, which would include three council members and six members of the public.

As these are interim committees, no specific qualifications for committee members have been included. Once Council has determined a final committee structure there may be certain qualifications that are desirable for specific committees and the Terms of Reference can be revised accordingly. Additionally, the proposed terms allow the Mayor to attend any committee meeting as an member “ex officio” member, which means the Mayor is able to attend but not vote. Councillors who are not members of the committee may also attend any committee meeting, however Councillors who are not a committee member may not vote.

Finally, committee meetings will be scheduled on a regular basis, as determined by Council. Staff are recommending that the Sustainable Development Committee be scheduled on the second Monday of the month and that the Community Advisory Committee be scheduled on the last Tuesday of the month. This schedule would allow the Sustainable Development Committee to meet twice monthly on the second and fourth Monday’s, if required. If the committee chair determines that additional meetings are required, additional committee meetings can be held, as long as proper notice is given in accordance with the Procedure Bylaw, which currently requires at least twenty-four hours notice of the date, time, place and purpose of the meeting to be posted at the City Hall reception notice board, the City Hall outside notice board, and on the City website.

Staff will place the advertisements on the City’s website and in the Goldstream Gazette for interested persons to apply. The resumes will be reviewed by staff and then staff will meet with the Council members on each committee to determine which applicants the Council members appointed to each committee would like to interview. As soon as the committee positions are filled staff will schedule the meetings.

FINANCIAL IMPLICATIONS

There are no financial implications to approving the proposed terms of reference.

LEGAL IMPLICATIONS

The proposed terms of reference have been drafted to comply with the Community Charter and the Local Government Act.

OPTIONS

Option 1
THAT Council approve the proposed terms of reference in form and content included with this report, excepting minor changes;

AND

That Council appoint Councillor ____________, Councillor ____________, and Councillor ____________, to the Sustainable Development Advisory Committee;

AND
That Council appoint Councillor ____________, Councillor ____________, and Councillor ____________, to the Community Advisory Committee;

AND
That Council direct staff to post the committee positions to the City’s website and in the Goldstream Gazette for interested members of the community to apply.

OR Option 2
THAT Council direct City Staff to amend the proposed terms of reference;

OR Option 3
THAT Council reject the proposed terms of reference.

SUBMITTED BY: Marie Watmough, Deputy Director of Corporate Services

Concurrence:
Donna Petrie, Senior Manager of Business Development and Events
Concurrence:
Yari Nielsen, Director of Parks, Recreation and Facilities
Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Concurrence:
Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Marie Watmough, Deputy Director of Corporate Services
Concurrence: Braden Hutchins, Director of Corporate Services
Concurrence:
Darren Kiedyk, Chief Administrative Officer

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COMMITTEE TERMS OF REFERENCE

Council Policy POL-0016-ADMIN

Original Policy: January 1994
Amended: February 2023

Presiding Council Member, Mayor Scott Goodmanson

Date: Signature:

General

1. This policy establishes procedures, membership and scope of work for Council advisory committees (the “Committee(s))”.
2. The purpose of Committees is to: a) Encourage public involvement in Council matters;
   b) Allow for more detailed discussions than would be possible during a Council meeting, including a full exchange of views on technical matters; and
   c) Allow for a variety of presentations to the committees from the public, not for profit groups and other related bodies.
3. The following Advisory Committees are established:
   a) Sustainable Development Advisory Committee; and
   b) Community Advisory Committee.

Membership

4. Committee membership will consist of three (3) Councillors and up to six (6) appointed citizens (“Citizen Members”).
5. The positions of Chair and Vice Chair on each Committee must be filled by Council members.
6. The City will solicit for Citizen Member applications by advertising on the City’s website and in the Goldstream Gazette or such other similar publication or venue as the City may decide, in its sole discretion, is sufficient.
7. Citizen Members will be appointed by the Council with consideration given to City staff recommendations.
8. Citizen members will be selected to ensure a broad cross section of representation of the diversity of the community. This may include members who have specific technical knowledge of matters relevant to the committee as well as residents with general knowledge about the community.
9. Citizen Members are appointed for terms of the earlier of up to four years, with all terms ending on December 31 following a Council election, or upon dissolution of the committee.
10. The Council may, in their sole discretion, remove any member of the Committee at any time.
11. A Committee member may resign at any time by submitting written notice to the Committee Chair or Chief Administrative Officer (CAO).
12. Committee members who are absent for three (3) consecutive Committee meetings may be removed from the Committee, unless such absence was authorized by the Committee in an open Committee meeting.
13. The Mayor may attend any Committee meeting as an ex-officio voting member.
14. Councillors who are not members of the Committee may attend and participate in any Committee meeting but may not vote.
15. At least one member of municipal staff person is assigned to each Committee to provide advice and administrative support but is not a member and may not vote (the “Municipal Liaison”).

Procedures

16. Committee meetings must be held in the City of Langford Council Chambers, or as otherwise authorized by the Procedure Bylaw.
17. Electronic or other remote attendance at meetings will be governed according to provisions in the Procedure Bylaw.
18. Committee meetings will be scheduled on a regular basis, as determined by Council and published annually. Every effort will be made to hold the meetings on a consistent day of the week, notwithstanding statutory holidays.
19. The committee meeting end time will not extend beyond 10:00 p.m. without a unanimous resolution of all committee members present.
20. Committee meetings may be cancelled where there are insufficient members to meet quorum requirements, or where Council otherwise deems it necessary.
21. In addition to the regularly scheduled meetings, the Committee Chair may call additional Committee meetings as required, with notice to be provided in accordance with the Procedure Bylaw.
22. Agenda items will be proposed by the responsible Department Head through the Municipal Liaison, subject to review and approval by the Committee Chair and Corporate Officer.
23. Committee agenda packages will be available to all Council members.
24. The Municipal Liaison, or their delegate, will attend each Committee meeting. Where there is more than one Municipal Liaison assigned to a Committee, the City will determine which person or persons will attend the meeting.
25. A municipal staff member will record Committee minutes.
26. Committee decisions will be reached by a majority vote of members present and will take the form of a resolution that is recorded in the minutes.
27. Draft Committee minutes must appear on the next Council meeting agenda for receipt.
28. Committees will provide recommendations to Council through its minutes, however, the discretion to make decisions on behalf of the City remains solely within the authority of Council.
29. Committees may hold in camera meetings to discuss matters pursuant to section 90 of the Community Charter.
30. Members of the public may be permitted to speak. Speakers may be limited to three (3) minutes at the discretion of the Chair.
31. Public participation may be limited by the committee to ensure all matters on the agenda can be considered.
32. Members of the public will be permitted to address the committee with respect to any item on the agenda.
33. Committee quorum is a majority of appointed members, meaning fifty percent (50%) or greater, one of whom must be the Chair or Vice-Chair.
34. Committee members are bound by the conflict of interest guidelines and provisions of the Community Charter which apply to Council Members, including: a) Members with direct or indirect conflict of interest with a matter under discussion are not permitted to participate in the discussion or vote on a matter;
    b) Members must declare their conflict, state the general nature of their conflict, and then leave the meeting room while the matter is under discussion; and
    c) Members having a conflict on a matter must not attempt in any way to influence the voting on that matter, whether before, during or after the meeting.

SCOPE OF WORK OF THE COMMITTEES

Sustainable Development Advisory Committee

35. The Sustainable Development Advisory Committee will review submissions and make recommendations to Council respecting development and engineering projects in the City including, but not limited to, rezoning applications, development variance permit applications, transportation and public works related projects.
36. The Director of Engineering and the Director of Planning are the Municipal Liaisons to the Sustainable Development Advisory Committee.

Community Advisory Committee

37. The Community Advisory Committee will make recommendations to Council on matters relating to health, safety, and environmental concerns including parks and recreation, protective services and financial and administrative matters.
38. The Director of Corporate Services is the primary Municipal Liaison to the Community Advisory Committee, though may delegate to another senior staff member depending on the topic or topics for a given meeting.