Implementing the Community Charter: A Comprehensive Guide for Local Governments

1. Implementing the Community Charter Provincial Workshops Local Government Management Association Fall 2003 Government Finance Officers Association of British Columbia Ministry of Community, Aboriginal and Women’s Services

2. Implementing the Community Charter Overview Local Government Management Association Government Finance Officers Association of British Columbia Ministry of Community, Aboriginal and Women’s Services

3. Overview • Background • Impetus for reform • Government commitment • Key events • Community Charter Council • May 2002 discussion paper • Bill 14, Community Charter.

4. Overview • Key Themes • Empowerment • Balance • Mutuality

5. Overview • Bills • Community Charter • Focus on municipal core powers • Local Government Act remains • Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act • Maintains integrity of local government system

6. Overview • Regional districts • Some Community Charter sections apply – for example • Alternative approval process • Ethical standards • Open meeting rules • Duty of confidentiality • Notice posting/publication

7. Overview • Regional districts cont’d • Some Community Charter sections apply – for example • Ticketing • Some of • Concurrent authority • Remedial action requirements • Financial liabilities

8. Overview • Key Components of Community Charter • Local-provincial relations • Broad powers • Accountability tools • Other matters

9. Overview Part 2 Municipal Purposes and Powers Principles, Purposes and Interpretation Part 1 Other Legislation Additional Powers and Limitations on Powers Part 3 How the Pieces Fit Together

10. Overview • Important Dates • January 1, 2004 • Gift Disclosure • Public Inspection of Records • January 2004 • Schedule of Council Meetings • Early 2004 • Interest Rate Calculation • April 29, 2004 • Procedure Bylaw

11. Implementing the Community Charter Relationships and Conduct Local Government Management Association Government Finance Officers Association of British Columbia Ministry of Community, Aboriginal and Women’s Services

12. Council – Staff Relations • Staff roles and responsibilities • Council/Administration relationships, powers and authorities • Limits to council powers • Individual councillor authority

13. Mayor’s Role • Mayor’s responsibilities expanded to include (s.116) • Providing leadership to council • Reflecting the will of council • Carrying out other duties as assigned by council • Providing general direction on policies and programs to municipal officers on behalf of council • Mayor’s power of reconsideration (s.131)

14. Councillor Roles • Specifies council members’ responsibilities (s.115) • Consider well-being and interests of municipality • Contribute to development and evaluation of policies and programs; and • Participate in council activities • Council must designate a councillor to act in place of mayor (s.130)

15. Council Members’ Responsibilities • Ethical conduct and consequences • Duty of confidentiality (s.117) • Duty to vote (s.123)

16. Council – Staff Relations

17. Council – Staff Relations

18. Ethical Conduct • Applies to municipalities, regional districts, greater boards, trust committees and Vancouver elected officials • Conflict of interest • Disclosure of contracts • Use of insider information • Court order for financial gain • Disqualification provisions • Gifts – restrictions on accepting and disclosure

19. Conflict of Interest • Disclosure and restrictions • Inside influence • Outside influence • Exceptions from restrictions

20. Conflict of Interest • Disclosure and Restrictions • Scope [who, what and how] fundamentally the same (s.100-101) • A few noteworthy differences • Declaration of non-pecuniary interests • Withdraw erroneous conflict declarations

21. Restrictions on Inside Influence • Where a direct or indirect pecuniary interest exists (s.102) • Applies beyond formal council meetings • Applies to council member’s influence of staff, persons or bodies with delegated authority, committees and other bodies

22. Restrictions on Outside Influence • Where a direct or indirect pecuniary interest exists • Council member must not use office to attempt to influence decision of outside agency or person (s.103) • i.e. “use of council letterhead for personal correspondence”

23. Exceptions • Continues existing exceptions for conflict of interest and adds (s.104) • Matters relating to local service, in common with other persons who are or would be liable for the local service tax • New rules for council member representation where the member • Has a legal right to be heard in respect of a matter or make representations to council, e.g., s.18 authority to discontinue providing a service, and • Would be restricted by ss.100 to 103 from exercising that right

24. Disclosure of Contracts • Municipal contracts with a member, or a person who was a member at any time during the last 6 months who has a direct or indirect pecuniary interest in that contract, must be reported as soon as reasonably practicable at an open council meeting (s.107) • Council members and former members must also advise the corporate officer of any such contracts

25. Restrictions on Insider Information • Council members or former members must not use information/records for gaining or furthering a direct or indirect pecuniary interest where the record/information • Was obtained in the performance of the member’s office, and • Is not available to the general public (s.108) • No time limit

26. Gifts - Accepting • Must not, directly or indirectly, accept a fee, gift or personal benefit that is connected with performance of the duties of office (s.105) • Exceptions • Received as an incident of protocol or social obligations that normally accompany the responsibilities of office • Compensation authorized by law • Lawful contributions made in relation to candidacy for a local government office

27. Gifts - Disclosure • Disclosure required for allowable gifts (s.106) • That exceed $250 in value or • Where the total value, received directly or indirectly from one source in any 12 month period, exceeds $250 • Disclosure statement must be filed with the corporate officer • Effective January 1, 2004

28. Administrative Sample • Gifts policy

29. Consequences • Court order for financial gain (s.109) • Application to Supreme Court where a contravention of Community Charter Division 6 ethical standard rules and a realization of financial gain • Municipality or an elector may apply to seek a court order to pay the municipality an amount equal to all or part of the person’s financial gain

30. Consequences • Disqualification • S.110 sets out all the circumstances in which a person is disqualified from office • New disqualifications linked to new ethical standard provisions (Gifts, inside/outside influence, etc) • Disqualification term for conflict of interest changed – now until the next general election

31. Consequences • Disqualification cont’d • Disqualification process set out in ss.111 to 113 - with some significant process changes • 10 electors to apply to Supreme Court, increased from 4 • Municipalities must make a court application • Identifying grounds for disqualification and • Made by a resolution adopted by at least 2/3 of all council members

32. Administrative Considerations • Administrative Considerations • Questions for councils • How will council deal with setting expectations for councillor behaviour? • What consequences should there be for non-compliance?

33. Implementing the Community Charter Council Procedures Local Government Management Association Government Finance Officers Association of British Columbia Ministry of Community, Aboriginal and Women’s Services

34. Public Participation • Elections • Nothing changes • Elector approval

35. Elector Approval • Alternative approval process (s.86) • New threshold of 10% • Streamlined process • Petition (s.82) • Simplified and clarified • Community opinion (s.83) • Seek opinion of anybody by any means

36. Procedure Bylaw • Procedure bylaw “musts” (s.124) • Date of inaugural meeting • Identification of public notice posting places – applies to regional districts • Procedure for designating the acting mayor • Provide for minute-taking • Transitional - 120 days to adopt

37. Procedure Bylaw • Procedure bylaw “mays” • Authority for procedures for electronic meetings • Different procedures for minute-taking for other bodies • Any other procedural matter

38. Administrative Sample • Procedure Bylaw • Explanatory notes

39. Notice • Notice (s. 94) • Consistent requirements • New public notice posting places requirement • Application

40. Representation Opportunities • Mandatory opportunities to make representation to council • s.40 – road closure • s.18 – discontinue providing service • s.30 – removing reservation/dedication of property • s.70 – persons affected by drainage works • s.78 – remedial actions • i.e. nuisance and dangerous structures • s.59 – regulating business

41. Access to Information • Access to records (ss. 95, 96, 97) • Consolidated • Procedures for access • Reports on request • Regulatory bylaws (s.8) • Refusing business licence (s.60) • Alternative approval process population calculation (s.86) • How municipal fees determined (s.194) • How parcel tax rates were determined (s.200)

42. Audit • Termination of auditor final decision of council • Requirement for reporting on content of complaints (s.172) • Applies to municipalities and regional districts

43. Notice of Meetings • Regular meeting schedule (s.127) • Special meetings • Alternative notice of meetings

44. Voting Rules • General voting rule – simple majority • Exceptions to rule are reduced and simplified • Five cases where 2/3 vote of all council members • Providing assistance to business for conservation of heritage properties (s.25) • Dedication of park land or heritage properties (s.30)

45. Voting Rules • Five cases where 2/3 vote of all council members cont’d • Resolution to make application to disqualify council member (s.111) • Termination of officers (s.152) • Providing special tax exemptions (i.e. heritage, riparian and partnering properties) (s.225)

46. Open Meetings • Sets out general rule on open meetings, provides exceptions on when meetings can be closed, who may attend closed meetings and notice and disclosure requirements • New additions to permissive closed meeting list (s.90(1)) • Preliminary service negotiations (if harmful) • Objectives, measures and progress reports with staff for the annual report • Administrative tribunal hearings

47. Open Meetings • New additions to mandatory closed meetings list (s.90(2)) • Intergovernmental negotiations to consider information received in confidence • i.e. First Nations Treaty Negotiations • Consideration of investigations under the Ombudsman Act where the Ombudsman has provided notice • Who may attend closed meetings (s.91) • Applies to regional districts

48. Electronic Meetings • Provide for in procedure bylaw (s.128) • Hear or hear and see • Special meetings vs. participation by council/committee • Public notice and participation

49. Administrative Sample • Electronic Meetings

50. Procedural Considerations