C001-08
Committee Protocol Policy
Policy statement
1 Sets out a framework for appropriate governance and function of City Committees, boards and commissions.
Application
3 Committees, boards, and commissions, must, in carrying out their respective mandates, take into consideration recommendations regarding policies, Bylaws, procedures, advice or other information, including, but not limited to: urban forestry including significant trees, natural parks, climate change, green technology, energy efficiency, environmental sustainability, economic vibrancy, economic development and opportunities, and long term economic strategies of the City.
Interpretation
4 (1) Schedule “A” contains definitions of terms used in this Policy.
(2) Unless otherwise provided in this Policy, words and phrases used herein have the same meanings as in the Community Charter, S.B.C. 2003, c. 26, Local Government Act, R.S.B.C. 2015, c. 1, and Interpretation Act, R.S.B.C. 1996, c. 238, or as the context and circumstances may require.
(3) A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or Bylaw refers to that enactment, as amended or replaced from time to time.
(4) Words in the singular include the plural and gender specific terms include both genders and corporations.
(5) Headings in this Policy are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Policy.
(6) If any part of this Policy is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.
Definitions
5 In this Policy, unless the context otherwise requires:
"Advisory Committee" means an advisory body to Council established by Council resolution; and to which Council may appoint Council representation and citizens;
"Alternate Chair" means the person appointed as Chair in the Chair's absence;
"Chair" means the person appointed by Council to the position of chairperson, or their alternate;
"City" means the City of Abbotsford;
"City Clerk" means the Director, Legislative Services/City Clerk of the City, or designate;
"City Manager", "Deputy City Manager" or "General Manager", or designate, is the staff person responsible for the operation of the Committee;
A "Committee" of Council may be an Advisory Committee, Standing Committee, Statutory Committee, Select Committee, Task Force or other Committee as appointed by Council;
"Council" means the Council of the City of Abbotsford;
"Quorum" has the same meaning as set out in the City's Council Procedure Bylaw, 2018;
"Recording Secretary" means the person assigned to record the Committee meeting minutes;
"Select Committee" is established by Council resolution pursuant to Section 142 of the Community Charter, and to which Council shall appoint Council representation and may appoint citizens. At least one (1) member of a Select Committee must be a Council member. Council may also establish a Select Committee to inquire into a specific issue within a bounded time period and report its findings and opinions to Council after which the committee will have concluded its work and will be disbanded;
"Staff Liaison" means the staff member assigned by the City Manager to assist a Committee in a non-voting advisory and resource capacity;
"Standing Committee" means an advisory body to Council established by the Mayor pursuant to Section 141 of the Community Charter to which the Mayor shall appoint Council representatives and may appoint citizen members. The Community Charter requires that at least half the members be members of Council;
"Statutory Committee" means boards, commissions, or committees established pursuant to a specific enabling statute, including a Library Board established pursuant to the Library Act, R.S.B.C. 1996, a Police Board established pursuant to the Police Act, R.S.B.C. 1996, a commission or a board, and any other body established pursuant to enabling legislation which serves in an arms-length capacity on behalf of or in cooperation with the municipality.
Establishment of committees
6 (1) The Mayor must establish Standing Committees for matters the Mayor considers would be better regulated and managed by Committee, and for that purpose may provide for appointment, as members of a Standing Committee, persons who are not Council members. At least one half of the members of a Standing Committee must be Council members.
(2) Council may, by resolution, or Bylaw, if required by the Community Charter, establish a Select Committee or other Committee to consider or inquire into any matter and to report its findings and opinion to Council. Each such establishing resolution or Bylaw must:
(a) name the Committee;
(b) establish the terms of reference for the Committee;
(c) establish the composition of the Committee and terms of appointment of the Committee members;
(d) establish the requirements for reporting to Council; and
(e) allocate any necessary budget or other resources required to support the activities of the Committee.
(3) Council may by resolution, or Bylaw, if required by the Community Charter, establish Advisory Committees for matters Council considers would be better dealt with by a committee, and for that purpose will appoint Council representation, and persons who are not Council members. Each such establishing resolution or Bylaw must:
(a) name the Committee;
(b) establish the terms of reference for the Committee;
(c) establish the composition of the Committee and terms of appointment of Committee members;
(d) establish the requirements for reporting to Council; and
(e) allocate any necessary budget or other resources required to support the activities of the Committee.
Establishment and authority
7 (1) Members will not misrepresent themselves as having any authority beyond that delegated by Council.
(2) Standing, Select and Advisory Committees must refer recommendations to Council for authority to act.
(3) Select Committees will conduct their task within the time prescribed by Council following which they report their findings and opinions to Council for consideration.
(4) Statutory Committees will conduct their business in accordance with the terms of their enabling statute or establishing Bylaw, or resolution and City Bylaws and policies.
(5) Unless otherwise provided in their enabling statute or establishing Bylaw, or resolution, Committees do not have the authority to communicate with other levels of government, to pledge the credit of the City, or to authorize any expenditures to be charged against the City.
New committees
8 In considering the formation of any new Committee, Council may request staff to prepare terms of reference for consideration by Council prior to establishing the Committee.
Council appointments
9 (1) Council will appoint members to, and establish, Committees based on recommendations from the Mayor and/or staff, on a consultative basis.
(2) Any Council member who is not a member of the Committee may attend a meeting and enter into debate, but is not counted as part of Quorum, and can neither move nor second motions, nor has a vote.
(3) The Council representative’s role on a Committee is to:
(a) be an effective Chair (or Alternate Chair), and to ensure proper function of the Committee;
(b) be a voting member of the Committee to which they are appointed; and
(c) serve as a communication channel between Council and the Committee.
(4) The Mayor is an ex-officio member of all Committees; and, as such, has the same rights as other Committee members, but is not obligated to attend meetings and is not counted in determining if Quorum is present.
(5) Council, unless otherwise specified in an enabling Bylaw or enactment, and City policies, will appoint a Chair, and Alternate Chair, for each of its Committees.
(6) In the absence of both the Chair and Alternate Chair, and unless specified in an enabling Bylaw or enactment, a Chair will be elected by a simple majority, and show of hands, from those members present at the meeting, to Chair and conduct that specific Committee meeting.
Public appointments
10 (1) Council will appoint members to Committees based on recommendations from the Mayor and/or staff, on a consultative basis.
(2) Opportunities for appointment of members to Committees will be widely advertised prior to any appointment, so that any citizen who is interested may apply.
(3) Appointments to Statutory Committees will be made in accordance with the relevant Committee's enabling statute or establishing Bylaw, or resolution, and City policies.
(4) Where outside agencies are invited to appoint one (1) of their members to a Committee and choose not to do so, the vacancy may be filled by a member at large.
(5) Committee members will serve without pay, at the pleasure of Council, unless otherwise provided in the enabling statute or establishing Bylaw, or resolution.
(6) Committee members will serve without remuneration, but will be reimbursed for pre-approved “out-of-pocket” expenses incurred in performing their duties.
(7) Committee member expenditures must be pre-authorized by the City Manager, or Staff Liaison, as appropriate.
(8) Committee members appointed by Council must be City of Abbotsford residents, except as provided in the enabling statute or establishing Bylaw, or resolution, City Bylaws and policies, or the Terms of Reference of the specific Committee. Appointees who move from Abbotsford will cease to be members of the Committee.
(9) All applications for membership on Committees will be kept in confidence when submitted to the City.
Terms of appointment
11 (1) Committee members will be appointed for a term of two (2) calendar years, unless otherwise stipulated by Council, or as provided in the enabling statue, establishing Bylaw, or resolution, and City policies.
(2) Committee appointments will continue until a successor is appointed by Council.
(3) Unless otherwise appointed by Council, an individual can serve for up to six (6) consecutive years on any one (1) Committee; however, Council may also take into consideration any extenuating circumstances regarding the status of any Committee appointments and extend any appointment as it deems necessary.
(4) When considering re-appointments for a consecutive term, Committee stability and membership continuity may be considered.
(5) Council may appoint members to fill vacancies on any Committee for the unexpired term of former members. In the event of a vacancy, the person appointed to fill the vacancy will hold office for the remainder of the term of the vacated office.
Committee attendance
12 Unless otherwise provided in the enabling statute or establishing Bylaw, or resolution, and City policies, and any member who is absent from three (3) consecutive scheduled meetings without permission for leave of absence from, or without satisfactory reasons to, the Committee , will cease to be a member of the Committee; and the Staff Liaison will be advised by the Committee Chair. The Staff Liaison will undertake the appropriate process to fill the vacancy.
Resignation of member
13 Any member of a Committee wishing to resign from the Committee is requested to provide the resignation in writing to the Committee Chair, with a copy to the Staff Liaison. The Staff Liaison will undertake the appropriate process to fill the vacancy.
Removal of member from committee
14 At the request of a Committee, or on its own initiative, Council may remove or request the resignation of any of its Committee appointees for malfeasance, lack of attendance, or any other good and sufficient cause.
Committee vacancy replacement term
15 In the event of a vacancy, the person appointed to fill the vacancy will hold office for the remainder of the term of the vacated office.
Staff liaison
16 The Staff Liaison is not a member of the Committee; and, therefore, is not entitled to vote. The role of the Staff Liaison includes, but is not limited to, the following:
(a) providing information and professional advice;
(b) supporting the Committee Chair in developing agendas, arranging meetings, and promoting effective Committee operation;
(c) coordinating an annual orientation to the work of the Committee, the structure of the City, and Council's annual goal setting and budgeting processes;
(d) assisting with membership recruitment by providing timely responses to requests for information concerning appointment; and (e) performing any other duties as assigned by the City Manager regarding the function of the Committee.
Agendas
17 The Staff Liaison is responsible, in consultation with the Committee Chair, for the preparation of agendas, which are prepared and distributed to Committee members, and submitted, to the City Clerk for distribution to Council and posting on the City's website.
Minutes and reporting
18 (1) Committee minutes, setting out the recommendations and topical discussion points of the meetings of Committees will be recorded by the Staff Liaison, or assigned City staff as Recording Secretary.
(2) Following review by the Staff Liaison the minutes will be submitted to the Chair for approval. The minutes will then be circulated to the Committee members for review.
(3) After review by the Committee members, including any necessary amendments, the minutes will then be forwarded to the Director, Legislative Services/City Clerk for inclusion on the next Council agenda for information and receipt by Council.
(4) The Staff Liaison will be responsible for any recommendations of the Committee, and will present these to Council in the form of a staff report in the City's standard report template.
(5) Staff will act on the direction of Council, and will not implement a Committee recommendation unless directed by Council.
(6) Minutes will be considered for approval and adoption by the Committee at its next meeting. Once adopted by the Committee the minutes will be certified as correct, and signed by the Recording Secretary and the Committee Chair.
(7) The Staff Liaison will provide the Director, Legislative Services/City Clerk's Office with the original signed copy, as well as the final electronic version for proper retention.
Meeting schedule
19 (1) Standing, Select and Advisory Committees will establish their own meeting schedules in consultation with the Staff Liaison, holding meetings at minimum bi-monthly or at the call of the Chair. Committee meetings will not be scheduled in August. During election years, Committee meetings will not be held in October.
(2) Statutory Committees meet as provided in their enabling statute or establishing Bylaw and City policies.
(3) Committee meetings have priority over other requests for meeting room bookings at City facilities.
(4) A majority of the members of a Committee may in writing require the Chair to call a meeting. If the Chair is absent or refuses to call a meeting, the Staff Liaison may call the meeting.
(5) Public Notices of all Committee meetings must be posted in accordance with the Community Charter and Council Procedure Bylaw, 2018.
Meetings open to the public
20 (1) All Committee meetings are open to the public and no person will be excluded, except for improper conduct, or where the Committee is considering an item where, in accordance with Section 90 of the Community Charter, the exclusion of the public is permitted.
(2) Before a meeting or part of a meeting is closed to the public the Committee must carry a resolution stating:
(a) that the meeting is to be closed; and
(b) the paragraph(s) within Section 90 (1) or (2) of the Community Charter pursuant to which the meeting is to be closed.
Delegations to committees
21 (1) A Committee may invite other persons to participate in making presentations to the Committee, in order to benefit from additional expertise or knowledge.
(2) Delegations to Committees are permitted subject to the City's Council Procedure Bylaw, 2018.
Rules of procedure
22 (1) All Committees appointed by Council must conduct their business in accordance with their enabling statutes or establishing Bylaws, or resolutions, the Local Government Act, Community Charter, City policies, and the City's Council Procedure Bylaw, 2018.
(2) A Committee may appoint one (1) or more sub-committee/working groups to consider or inquire into any matter which falls within its terms of reference and report its findings back to the Committee.
(3) A Committee may invite other persons to participate on a sub-committee/working group of the Committee in order to benefit from additional expertise.
(4) No action of any Committee, except where power to act is expressly conferred on the Committee, will be binding on the City, unless Council has approved such action.
(5) Questions of procedure which cannot be resolved by the Committee upon the advice of the Staff Liaison will be referred to the Director, Legislative Services/City Clerk.
(6) A Quorum excludes Committee vacancies.
(7) If there is no Quorum of the time set for the commencement of a duly scheduled meeting, the meeting will be deemed as cancelled. However, if desired by the members present, they may meet for information purposes only.
Voting
23 (1) All members of a Committee, including the Chair or Alternate Chair, have a vote on any motion before it; and, in all cases, in the event of a tie vote, the motion is defeated. Any member who abstains from voting, without having declared a pecuniary interest and leaving the meeting, is deemed to have voted in the affirmative. Proxy votes are not permitted.
(2) Only the names of members who vote against the motion will be entered in the minutes as “Opposed”.
Conflict of interest
24 (1) Committee members are subject to Sections 100 to 108 of the Community Charter.
(2) Committee members must avoid conflicts of interest where:
(a) A Committee member is a director, member or employee of an organization seeking benefit from the City upon which the Committee will make a recommendation; or
(b) The Committee member has a direct or indirect pecuniary interest in the outcome of Committee deliberations.
(3) A conflict of interest does not exist if the pecuniary interest:
(a) of the member is a pecuniary interest in common with members of the municipality generally; or
(b) is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter.
(4) Where a conflict of interest exists, Committee members:
(a) are not entitled to participate in the discussion of the matter or to vote on a question in respect of the matter;
(b) must declare to the Committee that a conflict exists;
(c) must remove themselves from the meeting during consideration of the issue to which the conflict relates; and
(d) must not attempt, in any way, to influence the voting on any question in respect of the matter.
(5) A member’s declaration of a conflict and their exit and return to the meeting will be noted in the minutes.
(6) Committee members must not use the Committee member contact list for personal or non-City related business purposes.
Budget
25 (1) Unless otherwise provided in their enabling statute or establishing Bylaw, or resolution, and City policies, Committees may request budget funds from Council, in accordance with the City budget preparation schedule and procedures.
(2) Any solicitation, or application for funds, from other organizations, requires the prior approval of Council.
(3) Committees will have reasonable use of miscellaneous City services such as photocopying, paper supplies, meeting areas, etc., to be coordinated through the Staff Liaison.
Personal liability
26 No Committee member will be liable in his or her personal capacity for any debt or liability of the Committee. It is the responsibility of the City to insure the members of Committees against all liabilities related to fulfilling their responsibilities as members of the Committee.
Orientation
27 In order for the Committee members to fully understand the operations of Council Committees, the Director, Legislative Services/City Clerk, in conjunction with the Staff Liaison, may provide an orientation session annually. Committee members are strongly encouraged to attend these sessions. Orientation materials will be provided at the orientation session or at the first scheduled Committee meeting.
Exclusions
28 This Policy does not apply to the Executive Committee, Regular Council, Special meetings of Council, or Committee of the Whole.