*On a challenge of the Chair’s ruling on the sufficiency of the 2/3 vote, this resolution was deemed to have carried.
Items 10.1, 11.1, 19.1 and 19.2 were dealt with.
Resolution Number 2021-1008
Appeal Ruling of the Chair
That the ruling of the Chair, that 16 votes of 23 members in attendance are required to achieve a two-thirds majority vote, be sustained.
In Favour (8): Councillor Damerla, Councillor Downey, Councillor Innis, Councillor Palleschi, Councillor Santos, Councillor Sinclair, Councillor Thompson, and Councillor Vicente
Opposed (15): Councillor Carlson, Councillor Crombie* (Proxy C. Parrish), Councillor Dasko, Councillor Dhillon, Councillor Fonseca, Councillor Fortini, Councillor Groves, Councillor Kovac, Councillor Mahoney, Councillor McFadden, Councillor Medeiros, Councillor Parrish, Councillor Ras, Councillor Saito, and Councillor Starr
Absent (1): Councillor Singh**
Lost
Pending Motion
Moved by Councillor Parrish
Seconded by Councillor Medeiros
Whereas the Regional Chair is a member of Regional Council by operation of the Regional Municipality of Peel Act, 2005;
And whereas, by operation of the Regional Municipality of Peel Act, 2005, the Regional Chair is a “stand alone” member of Regional Council in that the Chair currently does not sit as a member of a local municipal Council;
And whereas, there are examples in the Region of Peel of Chairs who also sit as elected representatives of local wards in two school boards;
And whereas, the Regional Chair should be selected from amongst candidates who are experienced and well aware of the Regional issues of the day;
And whereas, the ability to enact a by-law to change the composition of Regional Council despite what was provided for in previous legislation, is expressly set out in section 3 of the Regional Municipality of Peel Act, 2005 and under section 221 of the Municipal Act, 2001 (the “Act”) as well as in section 218 of the Act, which provisions also authorized the already enacted by-law for the reallocation of two Regional Council seats from the Town of Caledon to the City of Brampton;
And whereas, section 218(2)(e) of the Act expressly provides that such a by-law may “require that if a member of council is appointed by council as the head of the upper tier council, the appointed member must hold office on the council of a lower tier municipality”;
And whereas, section 218(4) of the Act expressly authorizes an upper-tier municipality to change the term of office of an appointed head of council so long as the new term does not extend beyond the term of council;
And whereas, such a by-law would not require triple majority support because the provision requiring triple majority support (i.e. section 219(1) of the Act) does not require it for a by-law enacted under section 218(2)(e) or section 218(4);
And whereas, legislation does not require that the Office of the Chair be a full time position, and further, in authorizing that an appointee who is a member of council may be required to also maintain an office as a local Councillor, the Act is consistent with the Office of the Chair being exercised on a less than full time basis;
And whereas, the compensation for the position of Regional Chair should be commensurate with the compensation for other extra responsibilities assumed by Councillors who serve on outside boards and be reflective of the part-time nature of the appointment;
And whereas, in conjunction with the adoption of such a requirement, the selection of two Vice-Chairs who shall be from two different lower tier municipalities other than that of the Chair, should also be addressed;
And whereas, for the by-law enacting such changes to be effective immediately following the 2022 Municipal Election, it will, pursuant to section 219.1(1) of the Act, have to be enacted in the 2021 calendar year;
Therefore be it resolved, that notice be given pursuant to s. 219(1) of the Municipal Act, 2001, as amended, of Council’s intention to adopt a by-law to require:
i) that should any future Chair of the Regional Council be appointed from amongst the elected Regional Councillors, that appointee:
a) be required to continue to sit as, and to fulfill the office of, a member for the lower tier municipal ward to which that appointee was elected; and
b) be appointed to serve for a two-year term and until his or her successor is appointed, provided that council may re-appoint the same member or appoint a different member as Chair for the next ensuing two-year term, and provided further that the term shall not extend beyond the term of council;
ii) that in the event that a member of Council has been appointed as Chair, two Vice-Chairs of Regional Council also be appointed from amongst the remaining Regional Councillors, and that such Vice-Chairs shall:
a) represent two different lower tier municipalities other than the municipality represented by the appointee as Chair and shall continue to sit as members for the lower tier municipal wards to which the appointees as Vice- Chairs have been elected;
b) have the role of assisting the Chair and acting from time to time in the place of the Chair at the request of the Chair and/or when the Chair is absent or refuses to act or the office of the Chair is vacant; and
c) be appointed for a two-year term and until their successors are appointed, provided that Council may re-appoint the same member or members or appoint different members as Vice-Chairs for the next ensuing two-year period, subject to the requirements of this provision, and provided further that the term shall not extend beyond the term of council.
And further, that staff be directed to organize a public meeting to be held to consider the matter of Council’s intention to adopt the proposed by-law;
And further, that upon the adoption of the subject by-law, the issue of remuneration for the Chair and Vice-Chairs and other relevant details, including expense accounts, staffing, and such amendments to the Region of Peel’s Procedure By-law as may be required to give effect to the subject by-law, be referred to the Regional Council Policies and Procedures Committee for discussion and recommendation to Council.
Resolution Number 2021-1009
Moved by Councillor Downey
Seconded by Councillor Thompson
That the pending motion, listed as item 22.1 on the October 14, 2021 Regional Council agenda, be referred to the Chief Administrative Officer to engage a third-party, independent consultant by direct negotiation to advise Council with regard to the proposed alternate future appointment and other models of the position of Regional Chair, including but not limited to legal implications, compensation, the role of the Chair and potential Vice-chairs, and financial models and report back to Regional Council before a public meeting is held.
In Favour (10): Councillor Damerla, Councillor Dasko, Councillor Downey, Councillor Innis, Councillor Palleschi, Councillor Ras, Councillor Santos, Councillor Sinclair, Councillor Thompson, and Councillor Vicente
Opposed (13): Councillor Carlson, Councillor Crombie* (Proxy C. Parrish), Councillor Dhillon, Councillor Fonseca, Councillor Fortini, Councillor Groves, Councillor Kovac, Councillor Mahoney, Councillor McFadden, Councillor Medeiros, Councillor Parrish, Councillor Saito, and Councillor Starr
Absent (1): Councillor Singh**
Lost
Council recessed at 1:11 p.m.
Council reconvened at 1:19 p.m.
Resolution Number 2021-1010
Moved by Councillor Saito
Seconded by Councillor Parrish
That the pending motion be amended to include the following paragraph:
“And further, that the Chief Administrative Officer be authorized to engage a consultant by direct negotiation, with the advice of the Regional Council Policies and Procedures Committee, to host the public meeting, gather input from the public and report back to Regional Council;”.
In Favour (23): Councillor Carlson, Councillor Crombie* (Proxy C. Parrish), Councillor Damerla, Councillor Dasko, Councillor Dhillon, Councillor Downey, Councillor Fonseca, Councillor Fortini, Councillor Groves, Councillor Innis, Councillor Kovac, Councillor Mahoney, Councillor McFadden, Councillor Medeiros, Councillor Palleschi, Councillor Parrish, Councillor Ras, Councillor Saito, Councillor Santos, Councillor Sinclair, Councillor Starr, Councillor Thompson, and Councillor Vicente
Absent (1): Councillor Singh**
Carried
Resolution Number 2021-1011 – Two Thirds majority vote
Councillor Fortini moved to call the question and Councillor Thompson requested a recorded vote.
In Favour (21): Councillor Carlson, Councillor Crombie* (Proxy C. Parrish), Councillor Damerla, Councillor Dasko, Councillor Dhillon, Councillor Downey, Councillor Fonseca, Councillor Fortini, Councillor Groves, Councillor Innis, Councillor Kovac, Councillor Mahoney, Councillor McFadden, Councillor Medeiros, Councillor Palleschi, Councillor Parrish, Councillor Ras, Councillor Saito, Councillor Santos, Councillor Starr, and Councillor Vicente
Opposed (2): Councillor Sinclair, and Councillor Thompson
Absent (1): Councillor Singh**
Carried
Resolution Number 2021-1012
Moved by Councillor Parrish
Seconded by Councillor Medeiros
Whereas the Regional Chair is a member of Regional Council by operation of the Regional Municipality of Peel Act, 2005;
And whereas, by operation of the Regional Municipality of Peel Act, 2005, the Regional Chair is a “stand alone” member of Regional Council in that the Chair currently does not sit as a member of a local municipal Council;
And whereas, there are examples in the Region of Peel of Chairs who also sit as elected representatives of local wards in two school boards;
And whereas, the Regional Chair should be selected from amongst candidates who are experienced and well aware of the Regional issues of the day;
And whereas, the ability to enact a by-law to change the composition of Regional Council despite what was provided for in previous legislation, is expressly set out in section 3 of the Regional Municipality of Peel Act, 2005 and under section 221 of the Municipal Act, 2001 (the “Act”) as well as in section 218 of the Act, which provisions also authorized the already enacted by-law for the reallocation of two Regional Council seats from the Town of Caledon to the City of Brampton;
And whereas, section 218(2)(e) of the Act expressly provides that such a by-law may “require that if a member of council is appointed by council as the head of the upper tier council, the appointed member must hold office on the council of a lower tier municipality”;
And whereas, section 218(4) of the Act expressly authorizes an upper-tier municipality to change the term of office of an appointed head of council so long as the new term does not extend beyond the term of council;
And whereas, such a by-law would not require triple majority support because the provision requiring triple majority support (i.e. section 219(1) of the Act) does not require it for a by-law enacted under section 218(2)(e) or section 218(4);
And whereas, legislation does not require that the Office of the Chair be a full time position, and further, in authorizing that an appointee who is a member of council may be required to also maintain an office as a local Councillor, the Act is consistent with the Office of the Chair being exercised on a less than full time basis;
And whereas, the compensation for the position of Regional Chair should be commensurate with the compensation for other extra responsibilities assumed by Councillors who serve on outside boards and be reflective of the part-time nature of the appointment;
And whereas, in conjunction with the adoption of such a requirement, the selection of two Vice-Chairs who shall be from two different lower tier municipalities other than that of the Chair, should also be addressed;
And whereas, for the by-law enacting such changes to be effective immediately following the 2022 Municipal Election, it will, pursuant to section 219.1(1) of the Act, have to be enacted in the 2021 calendar year;
Therefore be it resolved, that notice be given pursuant to s. 219(1) of the Municipal Act, 2001, as amended, of Council’s intention to adopt a by-law to require:
i) that should any future Chair of the Regional Council be appointed from amongst the elected Regional Councillors, that appointee:
a) be required to continue to sit as, and to fulfill the office of, a member for the lower tier municipal ward to which that appointee was elected; and
b) be appointed to serve for a two-year term and until his or her successor is appointed, provided that council may re-appoint the same member or appoint a different member as Chair for the next ensuing two-year term, and provided further that the term shall not extend beyond the term of council;
ii) that in the event that a member of Council has been appointed as Chair, two Vice-Chairs of Regional Council also be appointed from amongst the remaining Regional Councillors, and that such Vice-Chairs shall:
a) represent two different lower tier municipalities other than the municipality represented by the appointee as Chair and shall continue to sit as members for the lower tier municipal wards to which the appointees as Vice- Chairs have been elected;
b) have the role of assisting the Chair and acting from time to time in the place of the Chair at the request of the Chair and/or when the Chair is absent or refuses to act or the office of the Chair is vacant; and
c) be appointed for a two-year term and until their successors are appointed, provided that Council may re-appoint the same member or members or appoint different members as Vice-Chairs for the next ensuing two-year period, subject to the requirements of this provision, and provided further that the term shall not extend beyond the term of council.
And further, that staff be directed to organize a public meeting to be held to consider the matter of Council’s intention to adopt the proposed by-law;
And further, that the Chief Administrative Officer be authorized to engage a consultant by direct negotiation, with the advice of the Regional Council Policies and Procedures Committee, to host the public meeting, gather input from the public and report back to Regional Council;
And further, that upon the adoption of the subject by-law, the issue of remuneration for the Chair and Vice-Chairs and other relevant details, including expense accounts, staffing, and such amendments to the Region of Peel’s Procedure By-law as may be required to give effect to the subject by-law, be referred to the Regional Council Policies and Procedures Committee for discussion and recommendation to Council.
In Favour (14): Councillor Carlson, Councillor Crombie* (Proxy C. Parrish), Councillor Dasko, Councillor Dhillon, Councillor Fonseca, Councillor Fortini, Councillor Groves, Councillor Kovac, Councillor Mahoney, Councillor McFadden, Councillor Medeiros, Councillor Parrish, Councillor Saito, and Councillor Starr
Opposed (9): Councillor Damerla, Councillor Downey, Councillor Innis, Councillor Palleschi, Councillor Ras, Councillor Santos, Councillor Sinclair, Councillor Thompson, and Councillor Vicente
Absent (1): Councillor Singh**
Carried
Councillor Groves moved to call the question which carried by a two-thirds majority vote.
Resolution Number 2021-1013
Moved by Councillor Damerla
Seconded by Councillor Thompson
That a third-party consultant be hired to review the role of the Chair regarding a full time versus part time role and a comparison with other Regions, including compensation.
In Favour (9): Councillor Damerla, Councillor Dasko, Councillor Downey, Councillor Innis, Councillor Palleschi, Councillor Santos, Councillor Sinclair, Councillor Thompson, and Councillor Vicente
Opposed (13): Councillor Carlson, Councillor Crombie* (Proxy C. Parrish), Councillor Dhillon, Councillor Fonseca, Councillor Fortini, Councillor Groves, Councillor Kovac, Councillor Mahoney, Councillor McFadden, Councillor Medeiros, Councillor Parrish, Councillor Saito, and Councillor Starr
Absent (2): Councillor Ras, Councillor Singh**
Lost
Members of Regional Council discussed and asked questions regarding: the size of the Corporation of the Region of Peel and commensurate responsibilities of the Regional Chair; a suggestion to review and redefine the duties of the Chair; the ability to change the Office of the Chair’s budget independent of the proposed alternate appointment process; the virtue of elected regional/county Chairs who are beholden to all Council members; a suggestion to provide that each municipality has an opportunity to Chair within a term of Council; a suggestion that other options should be provided at the public meeting; and, a request to refer the motion to engage a third-party expert to review the proposed alternate appointment of the Chair with other municipal models.
In response to questions from Members of Regional Council, the Chief Administrative Officer (CAO) stated that information provided to an individual Councillor by the Regional Solicitor could be provided to all Council Members. The CAO noted that should a third-party consultant be engaged, staff would require clarity on the specific questions and issues the independent expert would consider to assess options.
In response to questions from Members of Regional Council regarding public meeting materials, the Regional Clerk advised that the Clerk’s Office would facilitate the mechanics of the meeting, providing notice of the meeting (with time, location, and date) and facilitating public participation. The CAO advised that materials to be provided by staff would include the proposed motion and the draft proposed by-law.
In response to a request from Councillor Saito to revise the motion to state that Council “consider” rather than “adopt” the by-law, the Acting Regional Solicitor advised that the wording of the motion and proposed by-law comply with section 219(1) of the Municipal Act, 2001, as amended, (the Act). Section 219(1) requires public notice of Council’s intention to pass the by-law and the holding of at least one public meeting to consider the matter.
The Regional Clerk noted the timeline required to meet the end of year deadline to pass the proposed by-law.