CONFIDENTIAL ATTACHMENT
S
Toronto Licensing Tribunal - Appointment of Public Members to
Fill Vacancies
Reason for Confidential Information
This report deals with personal matters about identifiable individuals who are being considered for appointment to the Toronto Licensing Tribunal.
Summary
The Tribunals Nominating Panel will conduct interviews during its meeting on February 10, 2017 and recommend two candidates to City Council for appointment to the Toronto Licensing Tribunal as Chair and public member.
Recommendations
The City Clerk recommends that:
1. The Tribunals Nominating Panel recommend two candidates to City Council for appointment to the Toronto Licensing Tribunal, at pleasure of Council, for a term of office ending on November 30, 2018, and until successors are appointed:
a. one candidate, who will serve as Chair, for a term of office ending on
November 30, 2018, and until a successor is appointed.
b. one candidate, who will serve as a public member, for a term of office
ending on November 30, 2018, and until a successor is appointed.
2. City Council direct that the confidential information contained in Confidential Attachments 1, 2, 3, and 4 remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto
Licensing Tribunal.
Financial IMPACT
There are no financial implications arising from this report.
Decision History
During its meeting on January 25, 2017, the Tribunals Nominating Panel identified 13 candidates to be interviewed for appointment to the Toronto Licensing Tribunal:
http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2017.NQ11.1.
Comments
Composition of the Toronto Licensing Tribunal
There are seven public members on the Toronto Licensing Tribunal.
City Council appoints the Tribunal's Chair
Toronto Municipal Code Chapter 545, Licensing, Section 545-3F (1) and Section 6.2 of the Relationship Framework for the Toronto Licensing Tribunal state that City Council appoints the Chair of the Tribunal.
The Tribunals Nominating Panel may select a Chair from the current Tribunal members or from the candidate pool for the Tribunal. The City Clerk's Office canvassed the current Tribunal members for their interest in the Chair role, and shared this information with the Nominating Panel during their meeting on January 25, 2017.
The Chair's responsibilities are outlined below:
a. Consulting with the Administrator of the Tribunal to ensure the efficient and
effective day-to-day operation of the Tribunal;
b. Ensuring that all members attend the prescribed training program and seeking
training opportunities for members to foster their adjudicative skills on an
ongoing basis;
c. Presenting the Annual Report to City Council;
d. Liaising with City Councillors, the Mayor, the public, and the media from time
to time, as necessary;
e. Leading the preparation, review, or update of various documents, using any
relevant City-wide policy as a reference point;
f. Developing statistical performance measures of Tribunal operations;
g. Participating in hearings where other members are unavailable, or in hearings
of a complex, highly controversial, or lengthy nature;
h. From time to time, retaining outside legal advice regarding issues that arise in
conjunction with specific hearings or other consultants to assist with the
preparation of administrative policies or other business-related matters;
i. From time to time and at least twice a year, convening and chairing a
business meeting of the Tribunal to review the Tribunal's decision-making in
respect to consistency with applicable laws, clarity, and rationale;
j. Ensuring that City Council policies and procedures for procurement are
followed;
k. Liaising with staff on the administration of the hearing process; and
l. Investigating complaints against Tribunal members and consulting with the
City Manager.
Tribunal members must meet certain qualifications and be eligible
In addition to the general eligibility requirements set out in the Public Appointments Policy, public members should collectively bring the following skills and expertise to the Tribunal:
· An understanding of the Tribunal’s mandate;
· An understanding of the Licensing By-law and the Statutory Powers Procedure Act;
·
An understanding
of a field related to business licensing and sensitivity to the various
interests and issues;
·
Familiarity
with the concepts of natural justice and fairness;
·
Excellent
listening skills, open-mindedness, sound judgement, and tact and the ability to
mediate;
·
Ability
to organize and analyze written and oral evidence;
·
Demonstrated
ability to write a clear, well-reasoned decision that takes into account the
evidence, the submissions, the law, and policy;
·
A
commitment to public service and to upholding a high standard of ethics;
·
Good
interpersonal skills, including the ability to work in a team;
· Ability to work under time pressures;
· A flexible work schedule to allow attendance at hearings and business meetings; and/or
· A willingness and availability to attend training programs once appointed.
Individuals are ineligible if they are current City licence-holders or are engaged in the
business of a corporate licence-holder and/or do not pass the required written test. Former Members of Council who served in the immediately preceding term of Council (2010-2014) are ineligible for appointment as public members on the Tribunal.
Tribunal members receive remuneration
The Chair receives an annual retainer of $18,000, plus a $350 per diem for attending meetings and training sessions. The six other public members receive a $350 per diem for attending hearings, meetings, and training sessions. In addition, public members (other than the Chair) are paid a $50 fee per decision for preparing and submitting written reasons for decisions.
Candidates selected for interviews have written a mandatory test
As part of the selection process for the Tribunal, the candidates selected for interviews are required to write a one-hour test related to the roles and responsibilities of Tribunal members. The Nominating Panel will be provided with the test results during the interviews on February 10, 2017.
The term of office will be until November 30, 2018, and until successors are appointed
To coincide with the terms of office for the previously appointed public members on the Tribunal, the successful appointees will be appointed for a term ending on November 30, 2018, and until successors are appointed.
Public release of names of recommended candidates
The names of the recommended candidates will be publicly reported once the Tribunals Nominating Panel forwards its recommendations to City Council.
Contact
Aretha Phillip, Manager, Public Appointments, City Clerk's Office, 416-392-8152, aretha.phillip@toronto.ca.
Signature
Ulli S. Watkiss
City Clerk
attachments
Confidential Attachment 1 – List of Candidates and Qualifications Summary, and Applications for Appointment to the Toronto Licensing Tribunal (previously distributed with Item NQ11.1)
Confidential Attachment 2 – Confidential Voluntary Diversity Information Summary for Candidates for Appointment to the Toronto Licensing Tribunal (previously distributed with Item NQ11.1)
Confidential Attachment 3 – Interview Schedule for the Toronto Licensing Tribunal Interviews on February 10, 2017 (to be circulated under separate cover)
Confidential Attachment 4 – Interview Questions for the Toronto Licensing Tribunal Interviews on February 10, 2017 (to be circulated under separate cover)