Procedures, Policies, and Community Charter Working Group Report
A report reviewing procedures and policies relating to formalizing meetings and following CRD policies for the VFCYJ committee.
Procedures, Policies, and Community Charter Working Group
Report to Victoria Family Court & Youth Justice Committee
October 28, 2021
Working Group Participants:
- Marie-Térèse Little, Co Chair of Working Group, Councillor (Metchosin), Vice Chair of VFCYJC
- Marnie Essery, Secretary VFCYJC
- Esther Paterson, Co Chair of Working Group, Councillor (Oak Bay)
- Marcie McLean, Councillor (Highlands) and Chair of Priorities Subcommittee
- Adam Flint, View Royal Citizen Representative and Communications Subcommittee Chair
Subject: Victoria Family Court & Youth Justice Committee (VFCYJ) Working Group review of procedures, policies and Community Charter relating to formalizing meetings and following existing CRD policies.
With respect to Schedule H of the CRD Staff Report dated October 7, 2020, and the CRD Staff letter to VFC&YJ Committee dated February 26th 2021, this review addresses specific issues defined as:
- Meetings to comply with the Community Charter including provisions made for Open and Closed meetings,
- Objectives and guidelines for the Steering Committee of the VFCYJ committee,
- Meeting to follow CRD procedure bylaw (specifically guidelines for minutes, agendas, motions, meeting times, and speakers’ times),
- Meetings to be conducted according to Roberts Rules of Order, and
- VFCYJC to follow existing CRD policies.
Background:
At the October 7, 2020 CRD Governance and Finance Committee meeting, the Committee adopted a recommendation requesting that CRD Staff report back on the process to restructure the VFCYJ Committee in accordance with the recommendations set out in Appendix H of the October 7, 2020 CRD staff report. That CRD Committee recommendation was received and adopted by the CRD Board on November 18, 2020.
A motion was approved at the May 19, 2021 VFCYJ Committee meeting to appoint Working Groups to review the recommendations set out in CRD Schedule H and CRD letter dated February 26, 2021 (Attachments 1 and 3). All members of the VFCYJ committee were encouraged and welcome to contribute to the Working Groups. The Working Groups were asked to bring forward reports and recommendations to VFCYJ Committee for consideration at the September to November 2021 meetings.
Regarding procedures, policies, and community charter, two specific areas of concern were identified by the CRD: formalize meetings (including restricting speaking times) and follow existing polices (of the Community Charter and CRD).
Recommendations of the VFCYJ Procedures, Policies, and Community Charter Working Group including links to relevant documents are as follows:
1. Formalize Meetings
a) Meetings will comply with the Community Charter. https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03026_00
b) Open Meetings and Provisions to allow meetings to be closed.
All decisions are voted on by VFCYJC Members at a monthly meeting which is open to the public or at the Annual General Meeting which is also open to the public. This does not apply to work by volunteers and sub-committees.
Provisions exist and will be applied to allow meetings to be closed and will be utilized appropriately.
Meetings may be closed if: i) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the committee or another position appointed by the committee; ii) labour relations or other employee relations; iii) litigation or potential litigation affecting the committee iv) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, v) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act.
Before holding a meeting or part of a meeting that is to be closed to the public, the committee must state, by resolution passed in a public meeting, i) the fact that the meeting or part is to be closed, and ii) the basis on which the meeting or part is to be closed.
c) Steering committee meetings – no decisions, just recommendations to the main Committee- open to all committee members to attend. The purpose of the steering committee is to make recommendations for the agenda and propose guest speakers’ names.
d) Meeting should follow CRD’s Procedure Bylaw with reasonable variations as agreed upon by the Committee.
Specifically, the following guidelines must be followed:
i) Minutes and agendas: Community charter requires that agendas and minutes be published within a certain time and to be publicly available or inspected on request. Publications could be met by online publication through the CRD, including agendas, minutes, and annual reports. A link to the VFCYJ committee website will also be included on the proposed CRD site. Prior minutes could be made available by the CRD to meet requirements for public inspection. Minutes and agendas will be posted within 7 days of the meeting and within 7 days of adoption.
Minutes of a meeting that record the decisions made are required for each duly constituted meeting. Minutes will follow the approved CRD guidelines for minutes. Minutes are intended to be a record of decisions made by the commission and not a verbatim record of what was said at the meeting. Including some summary of discussion for context is good practice. (Appendix 12: Guidelines for the Preparation of Minutes of CRD Board, Committee and Commission Meetings; Appendix 12a: Sample Minutes)
Motions signify the intent for action by the commission and are recorded in the minutes. The minutes need to identify the name of the member that proposed the motion, the name of the member that seconded the motion, identification if the motion carried or was defeated. The minutes must also record the names of members voting against the motion. For example: 1) MOVED by Commissioner Smith, SECONDED by Commissioner Gordon, That the minutes of August 2, 2018 be adopted. CARRIED Opposed: Commissioner Wayne.
ii) Agenda items can be raised with the Chair in advance of the meeting or at the meeting itself by a Notice of Motion.
iii) Agenda items will be re-arranged so that resource members may speak at the beginning of the meeting before the business of the meeting
iv) Meetings will have set times (2 hours) and a resolution to extend beyond 2 hours will be required to continue the meeting.
v) Guest Speakers will have a set time (30 minutes, 20 minutes for presentation and 10 minutes for questions). Time for guest speakers may be determined by the Chair to a maximum of one hour. A list of members wishing to speak to a motion will be kept. Members speaking to a motion on the floor will have a limit of 4 minutes to add their viewpoints to the discussion of an issue. A member is allowed to speak again only after all other members are given the opportunity to speak. Petitions and delegations will be given 5 minutes and a request can be made for an additional 4 minutes. It is the Chair’s responsibility to maintain speaking list, order, and time limits.
vi) Meeting will be conducted according to the most current edition of Roberts Rules of Order.
vii) The Chair will keep meeting moving and encourage members to focus on the topics discussed to avoid wide-ranging and side conversations.
2. Follow existing CRD policies.
a) Members of the VFCYJ committee will follow the Capital Regional District Commission Handbook 2020. https://www.crd.bc.ca/docs/default-source/legislative-pdf/2020commission-orientation-handbook.pdf?sfvrsn=2b428bca_2
b) This document provides information for Committee members about their roles and responsibilities, describes requirements and processes, and offers information to assist members in fulfilling their obligations to both the Committee, Regional District and to their local community as effectively and efficiently as possible.
c) The CRD policies will be followed with reasonable variations approved by the Committee and will ensure compliance with privacy, safety, information management, and expenses.
d) The VFCYJ will comply with all laws regarding the Freedom of Information and Protection of Privacy Act.
3. Conclusions.
The VFCYJ Procedures, Policies and Community Charter Working Group acknowledges that the recommendations to follow existing CRD policies and procedures and to abide by the Commission orientation handbook include the caveat that these polices and procedures will be adopted with reasonable variations as agreed upon by the Committee (for example, some of the information contained in these documents is specific to the CRD, and its location, times and structure and do not necessarily apply to the VFCYJ committee).
4. Working Group Recommendations:
THAT the Victoria Family Court and Youth Justice Committee adopt the recommendations of the Procedures, Policies, and Community Charter Working Group as outlined in the Working Group’s October 28, 2021 Report to the VFC&YJ Committee, specific to:
- Formalizing Meetings: Complying with Community Charter, holding meetings that are open to the public and provisions for closed meetings, Steering committee purpose and function, adoption of CRD’s procedure bylaw (with reasonable variations) including guidelines pertaining to minutes, agendas, and meeting and speaking times.
Follow existing CRD policies. Members of the VFCYJ committee will follow the Capital Regional District Commission Handbook 2020 and CRD Bylaw 3828, CRD Procedures Bylaw (with reasonable variations) to ensure compliance with privacy, safety, information management, and expenses. Importantly, the VFCYJ committee will comply with all laws regarding the Freedom of Information and Protection of Privacy Act, the corporate policy and procedure regarding a respectful workplace, debate and conduct.
AND THAT, the Chair of the VFCYJ Committee send a letter to the CRD Board and Staff providing the wording of the Committee’s resolution and including a copy of the Work Group’s Report, dated October 28, 2021.