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2007/02/05 . 1) _ ,SECOND MEET.ING Monday, February 5, 2007. From .4:00 "p..rn.. -to5':30.p.m. City Hall, Committee Ro.om #2A & B Approval-of the January 22, 2007 'Community Services Minutes. 2) P:RESENTATION: a) CAO- 2007-01 b) _' CAO-2007':02 3), REPORTS:' a) -F-2007-06 b).BBS-2007-01 · c) MW-20Q7-11 d) MW-2007~ 15 STAFF CONTACT: Consultants. Recommendations regarding the Future 9f Niagara Transit and Organizational Review. Update John ,MacDonald NiagaraTransit- Assessment of Current OperatiOns by City Staff . - John' MacDonald Puttick Freedom ofJnformationReque~t Renaissance FaUsviewHotel.... 6455 Fallsview"Blvd. Sign By-Iaw\lariance Corwin .Avenue Traffic Operations RevieW Tree Branch Collection 4) 'NEW BUSINESS: 5) ADJOURNMENT: 1) REPORTS: a) HR~2007-01 John MacDonald Ed Dujlovic Ed Dujlovic EdD~jlovic CORPORATE SERVICES COMMITTEE . . FIRST MEETING Monday, February 5, 200,?, ' From 5:30 p.m. to 6:00 p.m. Human Resources CommitteeCouncUlnvolvement ' ~~g ~~.~ ,February 5, 2007 HR-2007 -01 . NiC:lgarap<<ll{)~ Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: HR-2007 -01 Human Resources Committee Council Involvement in Hiring RECOMMENDA TION: For Council consideration, a draft terms of reference for a Human Resources Committee. BACKGROUND: At the January 8,2007 Council meeting, staff were asked to report back on possible terms of reference for a new Human Resources Committee, research the existence and operation of HR Committees and Council's involvement in the hiring of human resources. The patronage issue in relation to public service administration has been discussed and written about extensively. The rise of human resources departments in the public service and the increasing credentialism of the HR profession is largely rooted in the determination to eliminate or reduce favoritism in the public service and replace political patronage with more objective, analytical methods as the basis for selection and promotion. The ability to determine who gets government jobs and the authority to fix or influence the job selection process is a significant concern or perception. George Cuff is a former Alberta Mayor and past President of the Federation of Canadian Municipalities. He is also a senior management consultant and a published author and speaker in municipal governance. According to Mr. Cuff in his October, 2006 article called the "Governance Zone", "interfering in personnel decisions of the administration, regardless of the circumstances, is never a good idea and will only lead to resentment and possible charges of conflict of interest or influence peddling. The only personnel decision that a Council member should be involved in is that related to the hiring or firing of the Chief Administrative Officer". With respect to Human Resources Committees, Cuff believes that "Council members involved in any personnel issues other than establishing policy framework (eg. compensation, union negotiations) or matters impacting the status of the Chief Administrative Officer will inevitably lead to a Council involved in matters well beyond their own jurisdiction." Conflict of interest and code of conduct guidelines could place members of Council in potentially difficult and compromising positions. Working Together to Serve Our Community Corporate Services Department Human Resources February 5, 2007 -2- HR-2007 -01 In the Niagara Falls Review editorial of January 16th, the newspaper suggested that Council involvement in human resource practices and the hiring process "is a place where Council should not go" and can "leave the public with the perception the hiring process at City Hall is a political one, rather than one based on merit" (see the attached article). The Ontario Municipal Act, 2001, requires the municipality to adopt and maintain policies with respect to the hiring of employees (eg. policies on equal opportunity, discrimination, employment of family memberslrelatives). The Act does not require the establishment of a Human Resources Committee or direct Council involvement in the hiring process. A brief review of other municipalities, confirmed that the establishment of Human Resources Committees are rare and the involvement of Council in hiring and human resource practices is limited. Of the current municipalities surveyed, Fort Erie, St. Catharines, Port Colborne, Thorold, Guelph, Kitchener, Woodstock, Chatham-Kent, St. Thomas, Cambridge, Stratford, Brantford, Pickering, Mississauga, do not have Human Resources Committees. Weiland has an existing Human Resources Committee, while the Niagara Region's former H.R. Committee has been collapsed into their Corporate Services Committee. All the Municipalities surveyed above do limit Council's involvement to the hiring of the Chief Administrative Officer. In a few cases, however, Council is consulted and part of the interview process for department heads (ie. St. Catharines). There was some recollection from Council of a former Human Resources Committee in the municipality. A search of Council minutes indicates that such a committee never reported to Council and no information on terms of reference could be located. Nevertheless, it is known that a Council member sat in on the interviews of the City Solicitor in 1990. Notwithstanding the above information, should Council decide to proceed on the establishment of a new Human Resources Committee, best practice research suggests that the committee terms of reference be limited to key policy and strategy decisions such as succession planning, C.A.O. selection, collective bargaining mandates and broad policy decisions with respect to compensation. A draft terms of reference is offered in the attached document. Alternatively, rather than create a new HR committee of Council, with only selected members of Council, the matters under the draft terms of reference could be dealt with through the existing Corporate Service Committee. By doing so, all members of Council would be involved and consulted in any decision::a:l,aking. ..-'-- ..---..----- ,,,,....'- J.. _________ Recommended by: Trent Dark, ~ir~an Resources Respectfully submitted:L ~ lofJohn MacDonald, ministrative Officer Attach. . I Corporate Services Date Effected Human Resources Committee Human Resources DRAFT Terms of Reference PURPOSE The Human Resources Committee ("the "HRC") is a standing committee of the Niagara Falls City Council and shall assist Council in ensuring that the necessary policies and procedures are in place to effectively and fairly manage the human resources of the City of Niagara Falls. GUIDELINES 1. With respect to human resources matters, the HRC shall: a. Recommend to Council for approval, key strategic priorities and performance targets for the Chief Administrative Officer and the process for conducting the evaluation of his/her performance. b. Recommend to Council the annual aggregate salary adjustments to payroll for all staff, including any retiring allowance arrangements or termination arrangements of senior staff. Any exception deemed necessary by the Chief Administrative Officer shall require the approval of the HRC. c. Review and recommend to Council for approval, the appointment of Directors, based on the recommendations of the Chief Administrative Officer. d. Review and report to Council the appropriateness of succession planning within the City at least every two years and more frequently if needed. e. Review and approve policies related to relationships at work (For example, a harassment and discrimination policy or a conflict of interest policy). f. Review changes proposed by the Chief Administrative Officer with regard to the organizational structure. g. Recommend to the Council for approval, the establishment, amendments or termination of pension plans for Employees. COMPOSITION OF COMMITTEE The Mayor and two members of Council shall be appointed to the HR Committee. The Chief Administrative Officer and Director of Human Resources will also serve as an ex-officio members of this Committee. . Corporate Services Date Effected Human Resources Committee Human Resources DRAFT Terms of Reference The Chair shall be approved and selected by Council. The Executive Director of Corporate Services and the Executive Director of Community Services shall act as advisors to the Committee and shall be required to attend meetings from time to time at the request of the Chair. MEETINGS The Committee shall hold meetings up to three times per year or as may be deemed necessary. A Committee quorum shall consist of three members. Advisors shall attend meetings when requested by the Committee. Notices of meetings and agendas to be shared with members of the Committee and staff advisors at least seven days prior to the meeting. Minutes, agendas and notices, including necessary meeting materials, shall be the responsibility of the Director, Human Resources as directed by the Committee Chair. Meeting schedules shall be established by the Committee. TERMS Appointed. Council members shall remain members of the HR Committee for the term of office unless need for a replacement arises. The Chair of the Committee shall be appointed annually. APPROVAL These terms of reference were reviewed and approved by Niagara Falls City Council on _, 2007. Any future amendments, edits, additions or changes to these terms shall require the approval of City Council. ,. Osprey Media - Niagara Falls Review - Print Version - Story ID 362920 Page 1 of 1 ~ Oerk's Smnaed THE REVIEW File' Pnnted from www nlagarafallsrevlew ca web sIte Wednesday, January 17,2007 - @ 2007 Niagara Falls Review Reader tells council to forget HR involvement Wednesday, January 17, 2007 - 02'00 Editorial & Opinion - I read In last Saturday's Review with a sense of incredulity the suggestion from Ald. Shirley Fisher that council should have more control over who gets hired at city hall. Other than the chief administrative officer, council should have absolutely no say over who IS hired and who IS not. Aid Jim Diodati IS correct in saying that council must not politicize its human resources practices It seems reasonable for council to review rbles and responsibilities of a position and the attributes of the Individual that should be sought through an Interview process the fill the job, but that's It. I'm flabbergasted that this kind of an Issue is even coming up. If council wants to do something constructive in human resources, It would be to reduce them Every Industry and organization In this city is redUCing staff and costs and IS workIng to do things more effiCiently With 40 per cent of budget devoted to salaries and related overhead, It IS long overdue for the city to engage itself in this actiVity With about one-third of this city's population older than 65 and living on fixed Income, It's not a question of holding the line or keeping under the cost of living. It's about redUCing costs and taxes. Exclusive of school taxes, the people of Niagara Falls face a tax bill 50 per Cent higher than the City of Toronto and 25 per cent higher than the other GTA communities. Under this scenario, growing this community and attracting people and industry IS a pipe dream. Sure the region is guilty on this issue, but so IS the city. Get real councIl! You have a lot more extremely pressing issues to address. Forget this hinng role nonsense and get on With what we elected you to do. David Hay Niagara Fall 10 362920 @ 2007 , Osprey Medra All Right~ Reserved This matensl may not be published broadcast rewritten, or redlstnbuted http://www .niagarafallsreview .ca/webapp/sitepages/printable.asp?paper=www.niagarafalls...1/17 /2007 .. , Osprey Media - Niagara Falls Review - Print VersIon - Story ID 361300 Page 1 of 1 ... Clerk~ """""Scanned THE REV! W Ale Pnnted from www nlagarafallsrevlew ca web site Wednesday, January 17,2007 - @ 2007 Niagara Falls RevIew City doesn't need politicians to be hiring staff The Review Tuesday, January 16, 2007 - 02:00 Editorial & Opinion - Niagara Falls city council is misdirected if It thinks it should be part of the hiring process for city employees. At the request of AId Shirley Fisher, council voted to look Into establishing a human resources committee to oversee hiring They are gOing to a place where they shouldn't be PolitiCIans should - no, they must - stay out of the process of who is hired for the city The last thing any city resident wants to see, and any alderman should want to see, IS someone being hired because of who they know on council, not their qualifications We don't want to see the campaign managers of the successful aldermanic candidates get city jobs just because they are owed something by a politician As It stands now, the only person council decides on hiring is the chIef administrative officer That's the way it should be Even If aldermen say they can make an objective decision on a potential applicant, the appearance of haVing pohtlclans make the decIsion leaves a perception that someone could have been given a Job because of political connections or favours owed And do aldermen really want to be lobbied by people looking for a job? Because that will happen There's no way of changing that perception. Senior staff are well paId and trained In their particular areas of expertise They should be the ones deciding who gets or doesn't get a job Aid Fisher wants the committee to be a mix of politicians and staff, with politicians holding the majority There should be no committee. Niagara Falls residents don't need the foxes guarding the henhouse. Have your sayan today's editonal. JOin the diSCUSSion at www niagarafallsrevrew ca 10- 361300 @ 2007 . Osprey Media All Right., Reserved ThiS matr~nallT1ay not be published. broadcast, rewritten or redistrIbuted ...... http://www .niagarafallsreview .calwebapp/sitepages/printable.asp ?paper=www.niagarafalls...l/17 /2007