Amendment to the Council Procedural By-law -

Submission of Report to Council

The Administration Committee recommends that the communications (November 29, 1999) from Councillor Joe Mihevc, Ward 28 - York Eglinton, and (November 29, 1999) from the City Clerk be received

The Administration Committee submits the following the communication (November 29, 1999) from Councillor Joe Mihevc, Ward 28 - York Eglinton.

I would ask the clerk for a report to go to the Administration Committee clarifying the roles of Standing Committees, Community Councils and the Policy and Finance Committee with respect to making policy and financial recommendations.

My concern specifically is the ability of one Standing Committee to refer, defer or table the policy recommendation of another committee without it being debated at Council. This is to my mind is inappropriate.

The Procedural By-law needs either to be clarified or amended to ensure that policy recommendations of a Standing Committee that we are referred to another Committee for commend do not get derailed but are forwarded to Council.

City Council, at its meeting held on November 23, 24 and 25, 1999, had before it Clause No. 18 contained in Report No. 7 of The Administration Committee, headed AAmendment to the Council Procedural By-law - Submission of Reports to Council@.

The Administration Committee submits the following communication (November 29, 1999) from the City Clerk:

City Council at its meeting held on November 23, 24 and 25, 1999, had before it Clause No. 18 of Report No. 7 of the Administration Committee, entitled "Amendment to Council Procedural By-law - Submission of Reports to Council".

Council directed that this Clause be struck out and referred back to the Administration Committee for further consideration, together with the following motions:

Moved by Councillor Chong:

AThat the Clause be amended to provide that, with respect to any report which has been requested by Council and is received for information by a Committee or Community Council and reported to Council, for information only, under >Other Items=, Council, by a majority vote, may refer the report back to the Committee or Community Council for further consideration and may direct the Committee or Community Council to report back to Council directly for consideration as a Clause; and, further, that the Council Procedural By-law be amended accordingly.@

Moved by Councillor Flint:

AThat the Clause be amended to provide that any decision made by a Committee or Community Council may be forwarded on to City Council as a separate Clause at the request of any Member of Council present at such meeting at the time the matter is decided.@

(Clause No. 18 of Report No. 7 of The Administration Committee

headed "Amendment to the Council Procedural By-law

Submission of Reports to Council")

(City Council on November 23, 24 and 25, 1999, struck out and referred this Clause back to the Administration Committee for further consideration, together with the following motions:

Moved by Councillor Chong:

"That the Clause be amended to provide that, with respect to any report which has been requested by Council and is received for information by a Committee or Community Council and reported to Council, for information only, under 'Other Items', Council, by a majority vote, may refer the report back to the Committee or Community Council for further consideration and may direct the Committee or Community Council to report back to Council directly for consideration as a Clause; and, further, that the Council Procedural By-law be amended accordingly."

Moved by Councillor Flint:

"That the Clause be amended to provide that any decision made by a Committee or Community Council may be forwarded on to City Council as a separate Clause at the request of any Member of Council present at such meeting at the time the matter is decided.")

The Administration Committee recommends that the following motion by Councillor Adams, seconded by Councillor Korwin-Kuczynski be received:

Moved by: Councillor Adams

Seconded by: Councillor Korwin-Kuczynski

"WHEREAS the Chief Financial Officer and Treasurer was requested by City Council at its meeting of April 26, 1999 to report on the feasibility of generating additional revenues or allocating revenues from parking related programs and facilities to support public transit in the City; and

WHEREAS this report was submitted to the Policy and Finance Committee for its meeting of October 14, 1999; and

WHEREAS the Policy and Finance Committee received the report and voted not to forward this important report and issue to City Council for consideration, notwithstanding the request of visiting Councillors, and a motion by a Member of the Policy and Finance Committee; and

WHEREAS reports requested by City Council should be forwarded to Council for consideration, notwithstanding recommendations from Standing Committees;

NOW THEREFORE BE IT RESOLVED THAT the Council Procedural By-law be amended to allow for reports which have been requested by Council, and are recommended to be received for information, to be forwarded to Council for consideration, if requested by any Member of Council at the Standing Committee to which the report was submitted;

AND BE IT FURTHER RESOLVED THAT subsections 26(4), 27(1), and 28(1) of the Council Procedural By-law be waived to permit introduction and debate of this motion at the meeting of Council to be held on October 26, 1999."

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Councillor Chris Korwin-Kuczynski, Ward 19 - High Park, appeared before the Administration Committee in connection with the foregoing matter.