STAFF REPORT

January 26, 2000

To: Administration Committee

From: Chief Administrative Officer

Subject: Reporting Relationships of the City Clerk and the City Solicitor in Vancouver and Montreal.

Purpose:

This report highlights the reporting relationships of the City Clerk and the City Solicitor in the cities of Vancouver and Montreal.

Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

It is recommended that this report be received for information.

Background:

In considering the report "Reporting Relationship of the City Clerk and City Solicitor" on Novermber 2, 1999, the Administration Committee requested the Chief Administrative Officer to report on the experience of Vancouver and Montreal respecting this matter.

Comments:

Both Vancouver and Montreal have upper and lower tier municipal governments, therefore staff reviewed the reporting relationships of both tiers.

City of Vancouver

The City of Vancouver with a population of approximately 544,000 is the largest City in British Columbia. The City Clerk and Solicitor report directly to the City Manager. There is no direct reporting relationship of either the Clerk or the Solicitor to Council. The Clerk's functions include Freedom of Information and Privacy, Council Support Services, Communications, Archives and Records, Election Services and the Secretariat. The primary function of the Legal Department is to provide legal advice for the City and associated Boards and Commissions.

Greater Vancouver Regional District (GVRD)

The Greater Vancouver Regional District (GVRD) is comprised of 22 municipalities with a population of almost two million. The Head of the Secretariat reports directly to the Chief Administrative Officer and has a political reporting relationship to the GVRD's Board of Directors on Board matters such as coordination and management of Board minutes. The Secretariat Head provides Council support services, records management (including archives), Freedom of Information, elections and provides corporate advice on the production of minutes and agendas. The municipality hired a Solicitor in November who reports directly to the CAO.

The City of Montreal

The City of Montreal has a population of one million. The City Clerk and City Solicitor report through the City Manager for administrative purposes. The City Clerk has a direct reporting relationship to the Executive Committee of Council for statutory and legislative responsiblities. The Clerk is responsible for archives, Council support, Council secretariat, elections, Freedom of Information and Translation. The Solicitor reports to the Executive Committee when a legal opinion is required. This structure has been in place in the City for many years.

Montreal Urban Community (MUC)

The Montreal Urban Community (MUC) is comprised of 29 municipalities and has a population of 1.8 million. The City Clerk reports directly to the Executive Committee without reporting through the administrative structure. The City Solicitor reports directly to the City Manager and although the Solicitor provides written opinions to Council or verbal opinions to the President of the Montreal Urban Community, there is no direct reporting relationship of the Solicitor to Council. Changes were made to the structure several years ago when it was determined that the Clerk should report directly to the Executive Committee to ensure that the work of the "Commissions" (similar to standing committees) would remain independent and neutral from the bureacracy. At the same time the Solicitor was removed from the Clerk's office to ensure independence from the political process.

Other Cities

Staff scanned seven additional Canadian cities to determine if a trend existed in the reporting relationships of the Clerk and Solicitor. These cities included Edmonton, Calgary, Winnipeg, Kingston, Chatham-Kent, Ottawa-Carleton and Halifax (Appendix A). Most of the cities chosen for review have undergone amalgamation or restructuring in the past couple of years. This scan provided valuable insight into the various approaches taken in other jurisdictions and their practicality. Of the seven models generally used, one is dual reporting to a Commissioner of Corporate / Administrative Services and Council (the current model used by the City of Toronto). Calgary has recently adopted this structure and it has been in place in Halifax for some time. In Edmonton the Clerk and Solicitor report to the General Manager of Corporate Services on all matters. There is no dual reporting. Another model used is dual reporting of the Clerk and Solicitor to the CAO or City Manager and Council (City of Montreal), and still another is single reporting through the CAO or City Manager (City of Vancouver).

Conclusion:

The examination of various cities in Canada, including Vancouver and Montreal, illustrates that there are almost as many models for the reporting relationship of the City Clerk and City Solicitor as there are cities (Appendix A). No clear pattern was evident as to why a city chose one reporting structure over another. As with these other jurisdictions, a decision on the reporting relationship of the Clerk and Solicitor in the City of Toronto must reflect the unique management and political complexity of the environment in which we work.

Contact:

Rosanna Scotti

Director, Strategic and Corporate Policy

Tel: 392-8637 / Fax: 696-3645

rscotti@mta1.metrodesk.metrotor.on.ca

Michael R. Garrett

Chief Administrative Officer

List of Attachments:

Appendix A (Reporting Relationship of Clerk and Solicitor: A Scan of Canadian Cities)