Report to: General Committee                                               Report Date: November 30, 2007

 

 

SUBJECT:                          Accountability & Transparency Policy

PREPARED BY:               Kimberley Kitteringham, extension 8220

 

 

RECOMMENDATION:

That the proposed Accountability and Transparency Policy attached as Appendix “A” to the staff report dated November 30, 2007 be adopted;

 

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

 

PURPOSE:

The proposed Accountability and Transparency Policy (attached as Appendix A) provides guidance on how the Town of Markham ensures municipal matters are approached in an accountable and transparent manner, with emphasis on openness, ethics, performance outcomes, and fiscal responsibility.

 

BACKGROUND:

The Municipal Statute Law Amendment Act, 2006 (Bill 130) made several amendments to the Municipal Act, 2001 (the Act).  As one of the new accountability and transparency measures, Bill 130 requires all Ontario municipalities to adopt and maintain a policy on accountability and transparency.  It is important to note that the Act provides no guidance as to the scope and/or details to be included in such a policy.   However, to assist municipalities, the Municipal Law Departments Association of Ontario (MLDAO) developed a uniform policy template for this purpose.  The proposed Accountability and Transparency Policy for Markham is based on this template. 

 

OPTIONS/ DISCUSSION:

The following generally accepted definitions of accountability and transparency are being utilized for the purposes of the Town’s Accountability and Transparency Policy:

 

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

 

The following guiding principles were used in the development of the proposed Accountability and Transparency Policy as they are reflective of the policies, procedures and practices currently in place and/or carried out by Markham Council and staff:

 

            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, in a format that the public can easily understand, to increase the opportunity for  public scrutiny and involvement in municipal operations.

 

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.  These policies, procedures and practices are categorized as follows and are further explained in the proposed Policy:

 

1.                  Legislated Requirements

2.                  Fiscal Accountability, Oversight and Reporting

3.                  Performance Measurement and Reporting

4.                  Open Government

5.                  Internal Accountability and Ethical Standards

 

It is suggested that the Town Clerk be responsible for receiving complaints and/or concerns related to the proposed Accountability and Transparency Policy.  Upon receipt of a complaint/concern, the Town Clerk will 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.

 

The proposed policy will satisfy the Town’s legislative requirement to have an Accountability and Transparency Policy in place by the January 1, 2008 deadline.  Over the upcoming months, staff will be consulting with internal staff across the Corporation to further investigate the Town’s policies and practices relative to accountability and transparency and will revise this Policy as necessary.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not Applicable

 

ENVIRONMENTAL CONSIDERATIONS:

Not Applicable

 

ACCESSIBILITY CONSIDERATIONS:

Not Applicable

 

ENGAGE 21ST CONSIDERATIONS:

Not Applicable

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Not Applicable

 

RECOMMENDED

                            BY:    ________________________          ________________________

                                      Sheila Birrell, Clerk                             Andy Taylor, Commissioner

                                                                                                Corporate Services

 

 

 

ATTACHMENTS:

Appendix “A” – Proposed Accountability and Transparency Policy