Accountability & Transparency

Policy Number: LS2007-01

Division: Legislative Services

Owner:  Town Clerk

Effective Date:  January 1, 2008

Review Date:   May 1, 2008

Legislative Authority:

Municipal Act, 2001, s. 270(1)

POLICY STATEMENT

The Town of Markham will promote accountable and transparent municipal governance guided by the following principles:

1.            Decision-making will be open and transparent;

2.            Municipal operations will be conducted in an ethical and accountable manner;

3.            Financial resources and physical infrastructure will be managed in an efficient  and effective manner;

4.            Municipal information will be accessible so that it is consistent with legislative requirements;

5.            Inquiries, concerns and complaints will be responded to in a timely manner;

6.            Financial oversight, service standards and performance reporting and all other accountability documents will be made available and accessible by the public in an easily understood format, to increase the opportunity for public scrutiny and involvement in municipal operation; and

7.            Every new delegation of power or authority will have a corresponding accountability mechanism.

DEFINITIONS

Accountability:  The principle that the Town is obligated to demonstrate and take responsibility for its actions, decisions, and policies and that it is answerable to the public at large.

Transparency:  The principle that the Town will conduct its business in an accessible, clear and visible manner and that its activities are open to examination by its stakeholders.

PURPOSE

This Policy provides guidance on how the Town of Markham ensures municipal governance is conducted in an accountable and transparent manner, with emphasis on openness, ethics, performance outcomes and fiscal responsibility.

APPLICATION

As stipulated in Section 270 of the Municipal Act, 2001, this Policy applies to all Town of Markham operations.

POLICY REQUIREMENTS

The Town of Markham demonstrates its commitment to accountability and transparency by providing a sound governance framework, comprised of a system of policies, procedures and practices.  Theses policies, procedures and practices can be categorized as follows:

1.                  Legislated Requirements

2.                  Fiscal Accountability, Oversight and Reporting

3.                  Performance Measurement and Reporting

4.                  Open Government

5.                  Internal Accountability and Ethical Standards

1.         Legislated Requirements

The Town of Markham and its operations/governance are accountable and transparent to stakeholders by fulfilling various legislative responsibilities.  The following are some of the provincial statutes that govern how the Town conducts its business:

1.         Municipal Act

2.         Planning Act

3.         Development Charges Act

4.         Greenbelt Act

5.         Assessment Act

6.         Building Code Act

7.         Safe Drinking Water Act

8.         Municipal Conflict of Interest Act

9.         Provincial Offences Act

10.        Municipal Freedom of Information and Protection of Privacy Act

11.        Public Sector Salary Disclosure Act

12.        Cemeteries Act

13.        Vital Statistics Act

14.        Marriage Act

15.        Fire Protection and Prevention Act

16.        Emergency Management and Civil Protection Act

17.        Public Libraries Act

18.        Municipal Elections Act

19.        Gaming Control Act and Order in Council#2688-93 (Lotteries)

20.        Employment Standards Act

21.        Occupational Health and Safety Act

The Town of Markham and its operations/governance are accountable and transparent to stakeholders by identifying the source of funding for municipal operations.  The following are examples of some of the policies, procedures and practices in place to ensure fiscal accountability:

1.                  Annual Report/Budget Binder

2.                  External Auditor Opinion and Management Letter

3.                  Auditor General and Reports

4.                  Annual Financial Statements

5.                  Capital Status Reports

6.                  Sale and Disposition of Land By-law 178-96

7.                  Delegation of Authority By-laws and Reports’

8.                  Purchasing By-law 2004-341, General Terms and Conditions, and Reports

9.                  Business Expense and Conferences Policy

10.              Use of Corporate Resources for Election Purposes Policy

11.              Corporate Procurement Card Policy

12.              Expenditure Control Policy

13.              User Fee By-laws 2002-276

14.              Development Charges By-laws

3.                  Performance Measurement and Reporting

The Town of Markham and its operations/governance are accountable and transparent to stakeholders by using various results-oriented tools to measure performance and the achievement of corporate service standards and goals.  The Town of Markham is committed to producing performance information that measures how the Town is doing in all areas over which it has responsibility, from financial reporting to human resource management to service delivery, including:

1.      Annual Report

2.      Annual Departmental Business Plans

3.      Engage 21st Century Markham (Strategic Plan)

4.      Municipal Performance Management Program

5.      National Quality Institute (NQI) membership

6.      Complaint tracking and feedback processes

7.      Citizens Survey (conducted the 1st year after the election of a new Council)

8.      Staff Satisfaction Survey (conducted every 2 years)

4.         Open Government

The Town of Markham is open and accountable to stakeholders by providing governance in an open manner through communication, consultation and collaboration.  The following are policies, procedures and practices that ensure the Town is transparent in its operations and residents are aware of how decisions are made and carried out and are able to participate in the decision making process:

1.                  Council Procedural By-law 2001-1

2.                  Public Distribution of Council and Standing Committee Agendas and Reports (including the posting of these documents on the Town’s website)

3.                  Planning notice requirements (including courtesy notices requirements)

4.                  Web-streaming of Council and Standing Committee Agendas

5.                  Weekly Town Information Page in local newspapers

6.                  Records Retention By-law 2001-101

7.                  Appointment Policy (Recruitment and Selection of members of Advisory Committees, Boards and Task Forces, and External Boards, Commissions and Authorities)

8.                  Multilingual Policy

5.         Internal Accountability and Ethical Standards

The Town of Markham has established policies, procedures and practices that govern internal accountability and ethical standards for the Town, including:

1.                  Roles and Responsibilities of Council and Senior Management Policy

2.                  Code of Ethics and Conduct for Town employees

3.                  Code of Conduct for Advisory Committee Members

4.                  Confidentiality Agreement

5.                  Employment of Relatives of Staff Members and Council Policy

6.                  Use of Information Technology Policy

7.                  Harassment in the Workplace Policy

8.                  Health and Safety Policies

9.                  Staff Performance Measurement Policy

10.              Orientation and Continuing Education

11.              Professional Development and Training

POLICY RESPONSIBILITIES

Town Council and Town staff are responsible for adhering to this policy and for ensuring accountability for their actions and the transparency of municipal operations.

MONITORING/CONTRAVENTIONS OF POLICY

The Town Clerk shall be responsible for receiving complaints and/or concerns related to this policy.  Upon receipt of a complaint/concern, the Town Clerk shall notify:

1)                  In the case of staff, the Department Head or Director responsible for the area;

2)                  In the case of a closed meeting, the Closed Meeting Investigator; and

3)                  In the case of Council, the Head of Council.

Questions

Questions regarding the content of this policy should be directed to the Town Clerk, 101 Town Centre Boulevard, Markham, Ontario, L3R 9W3, (905) 475-4744.