1 Appointments to the Toronto Transit Commission

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The Striking Committee recommends that:

(1) the following two Members of Council be appointed to the Toronto Transit Commission, in addition to the seven Members currently serving on the Commission, for a term of office expiring November 30, 2000, and until their successors are appointed:

King, Joan

Lindsay Luby, Gloria; and

(2) leave be granted for the introduction of any necessary Bills in Council to give effect thereto.

The Striking Committee submits the following communication (June 10, 1999) from the City Clerk:

City Council, at its meeting held on June 9, 1999, had before it, the following Motion:

Moved by: Councillor Ashton

Seconded by: Councillor Korwin-Kuczynski

"WHEREAS City Council in January, 1998, in appointing Members of Council to the Toronto Transit Commission, also requested the Province of Ontario to enact legislation to reduce the term of office for appointments to the Toronto Transit Commission from three years to 18 months; and

WHEREAS Section 105(1) of the Council Procedure By-law states, in part as follows:

'105. (1) In the absence of a decision by the council to the contrary or to terminate an appointment, Members appointed by the Council to Committees, agencies, boards, commissions or other bodies,…shall be for a period of eighteen (18) months, or the terms set out in such appointments, and until their successors are appointed unless otherwise provided by law'; and

WHEREAS City Council has attempted, wherever possible, to adhere to the 18-month term for Councillor appointments; and

WHEREAS regulation 214/96, issued under the Municipal Act, would allow Toronto City Council to make certain changes to local boards by by-law, including the term of office for members of the board; and

WHEREAS the recent decision of the Superior Court of Justice in considering the ward boundaries issue held that, in interpreting provisions of the City of Toronto Act, 1997, the general powers granted by the Municipal Act were available to the City of Toronto unless there was an express reservation or exception, and consequently legislation is not required to change the term of office of appointments to the Toronto Transit Commission;

NOW THEREFORE BE IT RESOLVED THAT City Council revise the term of office for the Members of Council appointed to the Toronto Transit Commission from 3 years to 18-months and that the term of office for those Members of Council appointed to the Toronto Transit Commission by City Council on January 2, 6, 8 and 9, 1998, be amended to expire on June 13, 1999, and until their successors are appointed;

AND BE IT FURTHER RESOLVED THAT City Council refer the matter of appointments to the Toronto Transit Commission to the Striking Committee, and that the Striking Committee hold a Special meeting, prior to the end of the June 9, 10 and 11, 1999, meeting of City Council, and submit its recommendations thereon directly to that meeting of Council;

AND BE IT FURTHER RESOLVED THAT following approval of the foregoing recommendations, that Members of Council be requested to immediately notify the City Clerk if they are interested in being considered for appointment to the Toronto Transit Commission;

AND BE IT FURTHER RESOLVED THAT consistent with City Council Standing Committee appointments, a simple majority of Council be required to approve appointments to the Toronto Transit Commission;

AND BE IT FURTHER RESOLVED THAT authority be granted for the introduction of any necessary bill in Council to give effect to the foregoing;

AND BE IT FURTHER RESOLVED THAT City Council give consideration to this motion in sufficient time at its June 9, 1999, meeting to permit the Striking Committee to hold such Special meeting and submit its recommendations for appointments to the Toronto Transit Commission for consideration at such meeting of City Council."

City Council adopted the Motion, subject to:

(1) deleting the first, second and third Operative Paragraphs and inserting in lieu thereof the following:

"NOW THEREFORE BE IT RESOLVED THAT City Council revise the term of office for Members of Council appointed to the Toronto Transit Commission from three years to eighteen months, such revised term of office to take effect with the next term of Council commencing on December 1, 2000, and, in the interim, City Council request the Minister of Municipal Affairs and Housing to clarify the legislation in this regard;

AND BE IT FURTHER RESOLVED THAT City Council expand the membership of the Toronto Transit Commission by two, to provide for the appointment of two additional Members of Council, and the City Clerk be requested to poll the Members of Council by 12:00 noon on June 10, 1999, to determine their respective interest in serving on the Toronto Transit Commission; that the names of interested Members of Council be forwarded to the Striking Committee for consideration at a Special Meeting to be convened, prior to the end of Council, for report thereon to Council at this meeting; that Council, when considering these additional appointments, give due consideration to appointing women Members of Council; and, further that until the new term of office comes into effect, the term of office for the two additional appointments by Council be for the balance of this term of Council;"; and

(2) adding thereto the following new Operative Paragraph:

"AND BE IT FURTHER RESOLVED THAT the following motions be referred to the Mayor for consideration as part of the review of Agencies, Boards and Commissions:

(i) Notice of Motion (2)(b):

Moved by: Councillor Sinclair

Seconded by: Councillor Duguid

'NOW THEREFORE BE IT RESOLVED THAT the Notice of Motion moved by Councillor Ashton, seconded by Councillor Korwin-Kuczynski, be amended by:

(1) adding thereto the following new Recital:

"WHEREAS the inclusion of a citizen component in our key Agencies, Boards and Commissions has generally worked well over the years and has given these groups a better depth and balance, all to the benefit of the City of Toronto and its citizens;"; and

(2) adding thereto the following new Operative Paragraph:

"AND BE IT FURTHER RESOLVED THAT the appointees to the Toronto Transit Commission for the period commencing June 14, 1999, include citizens." '; and

(ii) Moved by Councillor Jones:

'AND BE IT FURTHER RESOLVED THAT, effective the next term of Council, the Toronto Transit Commission be composed of six (6) Members of Council, five (5) citizen appointees and one (1) union representative, so that the Commission shall comprise twelve (12) persons.' "

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The following Members of Council appeared before the Striking Committee in connection with the foregoing matter:

- Councillor Anne Johnston, North Toronto;

- Councillor Irene Jones, Lakeshore-Queensway;

- Councillor Joan King, Seneca Heights;

- Councillor Gloria Lindsay Luby, Kingsway-Humber; and

- Councillor Howard Moscoe, North York Spadina.

(A copy of the list of Members of Council who indicated an interest in being appointed to the Toronto Transit Commission was forwarded to all Members of Council prior to the meeting of the Striking Committee held on June 10, 1999, and a copy thereof is also on file in the office of the City Clerk.)

(City Council on June 9, 10 and 11, 1999, had before it, during consideration of the foregoing Clause, a communication (June 10, 1999) from Mr. George H. Rust-D'Eye, Weir & Foulds, Barristers and Solicitors, addressed to Mr. Ben Rothman, Executive Assistant to Councillor Howard Moscoe, providing advice regarding appointments to the Toronto Transit Commission.)

Respectfully submitted,

CASE OOTES

Acting Chair

Toronto, June 10, 1999

(Report No. 7 of The Striking Committee, including an addition thereto, was adopted, without amendment, by City Council on June 9, 10 and 11, 1999.)