Report for Community Services Committee February 26, 2007 Meeting

Agenda Item No.: F.4.a. C. Bylaw 14308 F Bylaw 14308 - Boxing, Wrestling and Other Combative Sports Bylaw 4 ba Purpose  On March 21, 2006, City Council To replace the current Boxing, Wrestling received for information the City and Other Combative Sports Bylaw 5821 Auditor’s report, which included the C with Bylaw 14308. Boxing and Wrestling Commission Governance Review. Readings Bylaw 14308 is ready for three readings. Report  The Boxing and Wrestling Commission This Bylaw is authorized under the Governance Review contained one Municipal Government Act. A majority vote recommendation for changes to the of City Council on all three readings is Boxing, Wrestling and Combative required for passage. Sports Bylaw:  Recommendation 3 required bylaw If Council wishes to give three readings amendments to ensure the mandate during a single meeting, then prior to of the Commission is accurately moving third reading, Council must reflected and up-to-date. unanimously agree “That Bylaw 14308 be  At the October 3/10, 2006, Special considered for third reading”. Community Services Committee Report Summary meeting, the Committee directed that a Bylaw 14308, Regulated Combative Sports letter be sent to the Boxing and Bylaw, incorporates the recommendation of Wrestling Commission following up on the City Auditor as presented in the Boxing the recommendations made by the City and Wrestling Commission Governance Auditor. The letter outlined five Review, and outlines processes that allow concerns of the Committee and provided the Boxing and Wrestling Commission to directions to alleviate those concerns. effectively control Regulated Combative Attachment 4 sets out the directions. Sports Events.  On November 6, 2006, the Boxing and Wrestling Commission responded to the Previous Council/Committee Action letter from Community Services  At the October 3/10, 2006, Special Committee. Attachment 4 sets out the Community Services Committee response to the Committee’s directions. meeting, the Committee directed that a  Bylaw 14308 implements the letter be written to all members of the recommendation of the City Auditor by Boxing and Wrestling Commission clarifying the mandate, where possible prescribing governance processes, addresses the concerns put forward to functions and structures recommended in the Commission from Community the Edmonton Boxing and Wrestling Services Committee, and adds a number Commission Governance Review. of elements that are common to the establishing bylaw template.

Routing: Community Services Committee, City Council Delegation: D. H. Edey/J. Mason Written By: V. Gunderson February 15, 2007 Office of the City Manager File: 2007CMC017 (Page 1 of 2) Boxing and Wrestling Commission Governance Review – Changes to Boxing, Wrestling and Other Combative Sports Bylaw

 The Members of the Commission were consulted to ensure the bylaw reflects their operation. They have also had an opportunity to review and comment on the Bylaw.  A comparison of the main elements of the current bylaw and the proposed bylaw is set out in Attachment 2.

Background Information Attached 1. Bylaw 14308 2. Bylaw 14308 – Main Elements 3. Recommendation of the City Auditor 4. Summary of Community Services Committee’s Five Concerns and the Response from the Boxing and Wrestling Commission

(Page 2 of 2) Attachment 2

Bylaw 14308 – Main Elements

Main Elements of New Bylaw Comments/Comparison to Old Bylaw Part I – Purpose, Definitions and NEW - The bylaw template for boards now requires a bylaw Interpretation purpose and definitions. – Sections 1 to 3 Part II – Functions and Duties CHANGE – Name of Commission changed to “Combative - Section 4 – Establishment Sports Commission” to more accurately reflect their duties. - Section 5 – Mandate CHANGE – Mandate of Commission is limited to the management of Events in the city of Edmonton; former bylaw had a wider mandate which included governing the sports and regulating training quarters.

Recommendation #3 of the City Auditor required that the bylaw be reviewed to ensure the Commission’s mandate is accurately reflected and up to date.

Recommendation #1 from the Community Services Committee letter to the Commission – that the duties of the Commission are restricted to the city of Edmonton. - Section 6 – Duties SAME – This section captures the Commission’s duties and is consistent with their current practices; Commission will report on activities, grants, and audited financial statements annually. NEW – More formal licensing/permitting provisions; Commission will review fees and Part II of the bylaw annually; Commission will establish a records management policy for approval of the City Manager; Financial reporting increased to 120 days from 90 days to reflect actual capabilities; Establish a code of conduct for approval of the City Manager.

Recommendation #2 from the Community Services Committee letter to the Commission – that the Members consider whether their duties on the Canadian Boxing Federation are potentially in conflict with their duties on the Commision - Section 7 – Powers SAME – Commission: has free access to all Events; may retain employees; will administer fees; and may make grants. NEW – Bylaw provides eligibility criteria for employees regarding conflict of interest; Commission may retain an independent solicitor.

Recommendation #3 from the Community Services Committee letter to the Commission directed that employees not be in a conflict position with Members of the Commission.

Recommendation #4 from the Community Services Committee letter to the Commission directed that employees not serve as a Director or Executive Committee of the Canadian Boxing Federation.

Attachment 2 - Page 1 of 2 Attachment 2

Bylaw 14308 – Main Elements

Main Elements of New Bylaw Comments/Comparison to Old Bylaw - Section 9 – Delegation NEW – Bylaw allows the Commission to delegate any of its powers, duties or functions to a Member or one or more employee except: appeals; and approval of the Promoter, dates and venue for Events. This section captures the Commission’s operational requirements.

Recommendation #5 from the Community Services Committee letter to the Commission directed that the Commission approve a number of specific matters. This section also allows the Commission to delegate approval of participants and receipt of deposits. Part III – Structure and CHANGE – New wording sets out eligibility better and Procedure provides for one year absence from industry prior to making - Section 12 – Eligibility application to serve on the board; criteria will also apply to Commission employees - Section 13 – Eligibility Certificate NEW – Commission Members and employees will confirm their eligibility and agreement to abide by the Commission’s Code of Conduct by signing a certificate - Section 14 – Eligibility Disclosure NEW – Members and employees must disclose any changes in eligibility within 14 days of the change - Section 17 – Chair/Vice-Chair CHANGE – Wording for role of Chair and Vice-Chair follow template NEW – Rescinding appointment of Chair requires 75% vote - Section 20 – Sub-Committees CHANGE – Wording for sub-committees follows template; old bylaw only mentioned a discipline sub-committee - Sections 22 to 24 – Conflict of NEW – Some clarity has been provided for conflict of interest, Interest and the matter of dealing with conflicts; Disputes may be referred to the City Manager for resolution; Members and employees will annually submit a statutory declaration stating that no conflicts of interest have gone undeclared during the year Part IV – Licenses CHANGE – Wording more fully explains licensing - Sections 25 to 34 requirements and process NEW – License fees are included in the bylaw as Schedule A Part V – Event Permits CHANGE – Wording more fully explains permitting - Sections 35 to 41 requirements and process NEW – Permit fees are included in the bylaw as Schedule B Part VI – Conditions for All CHANGE – Wording more fully sets out the responsibilities of Regulated Combative Sports the Commission and the Promoter Events - Sections 42 to 47 Part VII – Appeals CHANGE – Wording more fully sets out the appeal process - Sections 48 to 52 Part VIII – Enforcement NEW – Instead of the Commission being responsible for - Sections 53 to 59 violations under the bylaw, offences are now subject to a fine; tickets to be served by peace officers; Specified penalties are set out in Schedule C

Recommendation of the City Auditor

Recommendation 3 The Office of the City Auditor recommends that the Office of the City Clerk, in consultation with the Law Branch and the Commission, review Bylaw 5821, Boxing and Wrestling Commission and Other Combative Sports Bylaw, to ensure the mandate of the Commission is accurately reflected and up to date.

Management Response and Action Plan Accepted The Commission Chair on behalf of the Commission agrees with this recommendation.

Accepted The Office of the City Clerk will consult with Law Branch and the Commission and bring forward an amending bylaw to City Council through Community Services Committee by June 30, 2006.

5.2.1 Bylaw Revision The OCA performed a high-level legislative scan of the following jurisdictions for benchmark purposes: City of Vancouver, City of Moncton, City of Calgary, Province of Manitoba, and Province of Ontario.

The OCA noted that Vancouver’s and Moncton’s bylaws do not contain as much detail as Edmonton’s bylaw. However, the intent of both bylaws appears to be similar to Edmonton.

Calgary’s bylaw places more emphasis on the duties of Commission members compared to Edmonton, Vancouver and Moncton. Requirements under the Calgary bylaw which are not included in the Edmonton bylaw are:

1. Two of the nine Commissioners are appointed from City Administration (one member shall be the Director, Recreation, or his designate, and one member shall be the Deputy Chief Licence Inspector). 2. Orientation for new members. 3. Six specific meeting dates are required during the year (January, March, May, July, September and November). 4. The Commission is required to submit to Council annually a proposed budget indicating income and expenses for the forthcoming calendar year. 5. The Commission is required, when submitting its annual budget to Council, to submit an annual report setting out the Commission’s activities.

Recommendation of the City Auditor

6. The Chief of Police, the City Solicitor, and the City Clerk, or anyone designated by them, shall attend all meetings of the Commission when requested in writing by the Commission to do so. 7. Any member of the Commission may be removed for reasons deemed appropriate by Council. Any member of the Commission who fails to attend three successive meetings of the Commission is automatically removed from the Commission.

In October 2005 the City of Calgary’s Administration conducted a governance review of their Boxing and Wrestling Commission and issued: “City of Calgary Boxing and Wrestling Commission Governance Review Report”. This report recommends that Calgary’s current Boxing and Wrestling Commission Bylaw be replaced with a new Combative Sports Bylaw reflecting current stat of the Combative Sports industry, and in compliance with the Municipal Government Act of Alberta.

As a result of the above-mentioned legislative scan, the OCA believes that the Edmonton’s Boxing and Wrestling Commission Bylaw needs to be reviewed to strengthen the governance framework and to clarify the duties and obligations of Commission members, the Office of the City Clerk and the Community Services Committee.

Summary of Community Services Committee’s Five Concerns and the Response from the Boxing and Wrestling Commission

October 10, 2006, Resolutions in Letter from November 6, 2006, Response to Resolutions in Community Services Committee to the Boxing from Boxing and Wrestling Commission and Wrestling Commission 1. If you are representing yourself as the City 1. Already in the Commission’s policy. of Edmonton Commission, you must discontinue any further discussions with any other municipality without an Addressed in Section 5 of Bylaw 14308 endorsement or direction from City Council. Also, any “assignments” made to matches outside the city of Edmonton must not be dealt with by the City of Edmonton Commission. 2. Members of the Commission who are 2. Will do a full review of any potential Directors or on the Executive Committee conflicts of interest of our Commissioners, of the Canadian Boxing Federation must our staff, and our licensed officials with consider whether their duties are regard to their involvement with the potentially in conflict with each other. Canadian Boxing Federation. The end result will be a set of written Conflict of Interest Guidelines for all to follow.

Addressed in Section 6 of Bylaw 14308 3. Employees of the City of Edmonton 3. Same response as #2 Commission are prohibited from holding a position as a Director or on the Executive Addressed in Sections 5 & 7 of Bylaw 14308 Committee of the Canadian Boxing Federation. 4. Four-part resolution: 4. We will be happy to comply subject to the 1. that the position of Executive reservation about sub-item 4, which will be Director for the Commission addressed in the review as outlined in commencing January 1, 2007 be response #2. * advertised; 2. that the Commission interview prospective candidates for this *In responding to this resolution, it was position; anticipated that the new bylaw would be 3. that the agreement with the completed prior to the end of 2006. As the Executive Director be in writing; bylaw was not completed in the expected time and frame, the Executive Director’s position was 4. that the person holding the position extended by three months to allow for the of Executive Director be prohibited completion of the bylaw, the development of a from being a Director or holding a position description based on the new bylaw, position on the Executive and the development of conflict of interest Committee of the Canadian Boxing guidelines. Federation. Addressed in Section 7 of Bylaw 14308

Summary of Community Services Committee’s Five Concerns and the Response from the Boxing and Wrestling Commission

October 10, 2006, Resolutions in Letter from November 6, 2006, Response to Resolutions in Community Services Committee to the Boxing from Boxing and Wrestling Commission and Wrestling Commission 5. For every event where a permit or sanction 5. We will commit to send this information to has been issued by the Commission, there you on an ongoing basis, starting must be a resolution that details, at a immediately. This information will be minimum: attached to the minutes of the meeting - date of event immediately following the event(s), and all - participants in the event the information will be provided to you as - promoter of the event soon as possible upon approval of the - whether the deposit has been received minutes by the Commission. and the cost of the event - Members who voted in favour and Addressed in Section 9 of Bylaw 14308 members who voted against - Commission members and their duties at the event

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