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City of Toronto Governance Orientation for Toronto Zoo Board of Management December 3, 2015 Agenda

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City of Toronto Governance Orientation for Toronto Zoo Board of Management December 3, 2015 Agenda ZB6.9 City of Toronto Governance Orientation for Toronto Zoo Board of Management December 3, 2015 Agenda • Overview of the City’s Agencies and Corporations • Zoo Board of Management’s Relationship to the City • Best Practices • Required Board Policies • Role of a Board Member, Chair, Councillor • Current City Priorities • City Liaisons and Board Resources • Questions and Discussions. 2 Toronto Zoo’s Relationship to the City • The Toronto Zoo Board of Management is a City Board and an agent of the City, and as such the agency is included in most prescribed agency policies and Council directives. • The Toronto Zoo Board is unique in its conservation related activities, but shares common issues with Civic Theatres Toronto and Exhibition Place all as entertainment attraction destinations. • All citizen members of the Board are appointed by City Council. 3 Best Practices • Boards are advised to ensure critical policies and processes are in place to manage the affairs of the board effectively, and to be transparent and accountable in decision-making. • Appropriate internal controls are in place to protect Board and City assets; for example, financial policies and processes. • Boards adhere to their Procedure By-law for conduct of board business (e.g., open meetings, role of Board Members and officers, etc). • Board Members adhere to their applicable codes of conduct, ethics policies and legislation. • Timely submission of reports and information to the City as required. 4 Required Board Policies Key legislation and policies applicable to the Agency include: • Under the City of Toronto Act, 2006, s. 212 (2) a local board shall adopt policies with respect to the following matters: – Its sale and other disposition of land – Its hiring of employees – Its procurement of goods and services – A procedure By-law (including Open / Closed meeting requirements). • For the Toronto Zoo the two middle policies apply as the land/facility is City owned and the City Clerk uses the City Council/Standing Committee Procedures to manage board meetings. • Requests from City Council issued from time to time for the Board to implement (e.g. policies requested by Council under the Toronto Public Service By-law as set out in this presentation). • Important Acts that apply to Board members and with which you should become acquainted with include: – Municipal Conflict of Interest Act, RSO 1990 – Municipal Freedom of Information and Protection of Privacy Act, RSO 1990 – Municipal Elections Act, SO 1996 10 Open Meeting Requirements • As a City Board the Toronto Zoo Board of Management is governed by the open meeting rules of the City of Toronto Act, 2006. • Under the Act, the public is entitled to attend meetings of the Board, except when the meeting is properly closed for a small number of subjects. • An investigation or court may find an informal gathering of members constitutes a meeting (e.g. a quorum is present; the discussion advances the business of the board). • The City has a Closed Meeting Investigator, with jurisdiction over the Toronto Zoo Board of Management and other City Boards. 6 Codes of Conduct for Citizen Board Members • When acting in her or his capacity as a member of a City agency or corporation board, the Member is bound by provisions of the Code of Conduct for Members of Local Boards (Restricted Definition) that are specific to the requirements of that board. • The Code is similar to the Code of Conduct which applies to City Councillors. • This Code of Conduct is accompanied by a procedural document called the Complaints Protocol . • Board Members are bound by the Code of Conduct and should become familiar with its key elements governing personal conduct. 7 Code of Conduct Principles • Members of local boards shall serve and be seen to serve the City and community in a conscientious and diligent manner. • Members of local boards should be committed to performing their functions with integrity and to avoiding the improper use of the influence of their office, and conflicts of interest, both apparent and real. • Members of local boards are expected to perform their duties in office and arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny. • Members of local boards shall seek to serve the City’s and the public’s interest by upholding both the letter and the spirit of applicable laws of the Federal Parliament and Ontario Legislature, and the laws and policies of Council and of the local board of which they are a member. 8 Role of a Board Member The Role of a board member includes: • Abiding by applicable laws and policies • Promoting Board Transparency and Accountability • Exercising fiduciary duty (internal controls and stewardship of board and City assets; due diligence in decision-making) • Integrating the interests of the Board, community and City. 9 Role of a Board Chair • Call, conduct and cancel regular and special meetings of the board and enforce procedure by-laws, order and decorum at meetings. • Objective chairing of meetings. • Representing the Board to the general public, media, stakeholders and Council in accordance with the Board’s protocols. • Keep the public informed by ensuring that the public knows the status of the business of the meeting throughout the meeting. • Support Board capacity and effectiveness by promoting board member participation and development. • Other roles set out in the Board’s Procedure By-law. • The Vice-Chair assumes the Chair’s duties when the Chair is not available. 10 Role of Councillors on a Board The Role of City Councillors on City agency and corporation boards includes: • Abiding by the applicable Codes of Conduct • Providing broad knowledge of both City Council and Board Priorities • Bringing three perspectives: Council, Board and community • Integrating interests of City and Board • Exercising Fiduciary Duty • Promoting Board Transparency and Accountability. 11 Accountability Framework Auditor Lobbyist Integrity Ombudsperson General Registrar Commissioner Financial (except Oversee and Application of Resolve public attest), compliance enforce the code of conduct complaints related Focus and performance lobbyist and complaints to the audits registry and regarding administration of lobbyists’ code violations City services & of conduct programs Promotes Promotes Ensures the Code Ensures that Role accountability for transparency of Conduct is Torontonians are the stewardship of of lobbying applied and treated fairly public funds and activity adhered to value for money 17 Conflict of Interest • Members of the City's agency and corporation boards must ensure that their personal interests do not interfere with their public duties as a board member. • Personal interests may include the potential for personal, professional, or financial gain for board members or someone they are associated with such as family members, employers, or business partners. • Board Members involved in a decision-making process related to a contract, sale, or business transaction who has a financial interest in an Agency or City contract, sale or business transaction, or has family members, friends or business associates with such interests, must disclose the interest to the Board and remove themselves from any decision-making process. • The rules and examples set out in this slide identify obvious situations and do not exhaust the possibilities for conflict of interest. Appearance of conflict of interest must also be considered. 13 Conflict of Interest • Board members must identify and disclose any actual or potential conflicts of interest related to a matter being considered by the board at the beginning of the board meeting at which the item is being considered, and cannot participate in making decisions about that matter. • Where the meeting is closed, the member must leave that portion of the meeting where the matter is considered. • If not disclosed by reason of absence, the member discloses the potential conflict at the next meeting of the Board. 14 Current City Priorities 15 City of Toronto Strategic Actions 2013-18 City Building: Views the City as a whole and focuses on investment in social and physical services and infrastructure, which are fundamental to the city’s quality of life. Fiscal Sustainability: Refers to the City’s ability to maintain its programs and services while also funding its growing commitments. Good Governance: Refers to the system of municipal government in terms of its role as a democratic institution, a public policy maker and a deliverer of public services. Environmental Sustainability: Encompasses principles of environmental balance and the integration of environmental considerations in our social and economic activities. Economic Vitality: Refers to the health of the city’s economy and includes such factors as diversified employment, skilled workforce, competitiveness, investment and affordability. Social Development: Encompasses principles of social equity, social well-being and citizen engagement. 16 Toronto Public Service By-law: Overview • In June 2014, City Council adopted the Toronto Public Service By- law (TPS By-law). It is now part of the Toronto Municipal Code, Chapter 192, Public Service. • The TPS By-law applies to the Toronto Public Service and most City Agencies. Council asked the City Manager and City Agencies to implement By-law provisions. • The TPS By-law will come into force on December 31, 2015. • The City Manager’s Office is working closely with Agency Heads to support Agency implementation of the By-law provisions. 17 Public Service By-law: Key Elements Key Elements of the Public Service By-law are: • Public Service Values • Role, Responsibilities and Authorities of the City Manager and City Agencies to manage their Employees • Minimum Human Resources Policy Requirements. • Ethical Provisions for Conflict of Interest, Political Activity and Disclosure of Wrongdoing and Reprisal Protection • Establishment of Ethics Executives. 18 TorontoPublic Public Service Service By- Law:By-Law Application - Application The By-law applies to the following in- Council adopted specific directions for consistency scope agencies with the By-law’s ethical requirements .
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