REPORT FOR
ACTION WITH
CONFIDENTIAL ATTACHMENTS
Administrative Penalty Tribunal - Appointment of Public Members
Date: May 5, 2017
To: Tribunals Nominating Panel
From: City Clerk
Wards: All
Reason for Confidential Information
This report deals with personal matters about identifiable individuals who are being considered for appointment to the Administrative Penalty Tribunal (APT).
Summary
The purpose of this report is to recommend the appointment of 25 public members, including a Chair, to the Administrative Penalty Tribunal for a four-year term of office from May 26, 2017 to May 26, 2021, and until successors are appointed.
Recommendations
The City Clerk recommends that:
1. The Tribunals Nominating Panel recommend that City Council appoint the 25 candidates listed in Confidential Attachment 1 to City Council for appointment as Chair and public members to the Administrative Penalty Tribunal, at pleasure of Council, for a term of office ending on May 26, 2021, and until successors are appointed.
2. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety as it relates to personal matters about identifiable individuals being considered for appointment to the Administrative Penalty Tribunal.
Financial IMPACT
There are no financial implications arising from this report.
Decision History
At its meeting on March 28-29, 2017, City Council, among other things, authorized Court Services staff and the City Clerk to shortlist, interview, and recommend candidates to the Tribunals Nominating Panel for appointment to the APT by City Council.
http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2017.GM18.6
At its meeting on July 12-15, 2016, City Council approved an Administrative Penalty System, including an APT, for parking violations under, and in accordance with, the requirements of Ontario Regulation 611/06 of the City of Toronto Act, 2006:
http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2016.GM13.12
Comments
City Council directed staff to recruit and recommend candidates to the Tribunals Nominating Panel for appointment
At its meeting on March 28-29, 2017, City Council authorized Court Services staff and the City Clerk to shortlist, interview, and recommend 25 candidates to the Tribunals Nominating Panel for appointment to the APT by City Council.
City Clerk's Office staff conducted a targeted outreach strategy to attract qualified individuals specializing in adjudication, mediation and/or with knowledge and/or experience with the City of Toronto's traffic and parking By-laws. To attract qualified candidates, City Clerk's Office staff promoted the opportunity to more than 50 professional and community organizations. Staff also invited individuals with the required qualifications and eligibility to consider applying. Consideration was also given to reflecting gender, diversity, and geographical representation on the APT.
Court Services and City Clerk's Office staff screened and shortlisted candidates based on the City Council-approved qualifications and eligibility criteria and the shortlisted candidates were interviewed. A selection panel consisting of the Manager, Court Operations - East, Manager, Special Projects, Court Services, and the Manager, Public Appointments determined the final 25 candidates by weighing their applications and interview performance.
We are recommending 25 highly qualified and diverse candidates for appointment to the APT
Court Services and City Clerk's Office staff are recommending 25 highly qualified candidates, including a Chair, for appointment to the APT (see Confidential Attachment 1). These candidates cover the range of City Council-approved qualifications for the APT with the relevant knowledge and experiences. In addition, the recommended candidates are diverse in geography, age, gender, sexual orientation, Aboriginal status, race, and disability (see Confidential Attachment 2).
City Council appoints the Tribunal's Chair
City Council appoints one public member to serve as Chair of the APT.
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, expertise, and expertise to the APT:
· Experience in adjudication and mediation;
· Knowledge and/or experience with the City of Toronto's traffic and parking By-laws;
· Excellent listening skills and the ability to analyze complex information received;
· Sound judgement, tact, fairness, and decorum;
· Ability to write clearly and concisely;
· Demonstrated high ethical standards and integrity;
· Ability to work under pressure to ensure timely hearing decisions; and/or
· Respect for access to justice, diversity, and accommodation.
In addition to the above qualifications for public members, the Chair of the APT should bring the following skills, experience, and expertise:
· Demonstrated leadership and administrative skills;
· Highly developed chairing and facilitation skills;
· Demonstrated ability to work effectively with others;
· Knowledge of access to information and privacy legislation; and/or
· The ability to effectively represent the tribunal and communicate with Toronto City
Council, City committees, the media, and the general public.
The APT's members must satisfy the following additional eligibility requirements:
· Cannot be former Members of Council who served in the immediately preceding
term of City Council (2010-2014);
· Cannot act as agents for applicants before the Administrative Penalty Tribunal and other City administrative tribunals (e.g., the Committee of Adjustment, the Compliance Audit Committee, the Property Standards Committee/Fence Viewers, the Rooming House Licensing Commissioner and Deputy Commissioner, the Sign Variance Committee, the Toronto Licensing Tribunal, the Toronto Local Appeal Body, etc.) and would be required to resign from the APT before doing so; and/or
· Cannot act as agents for applicants or individuals appearing in Provincial Offences Court.
Tribunal members receive remuneration
The APT's 25 public members receive $350 for full day (7 hours) hearings or mediations attended; $200 for half day (3.5 hours) hearings or mediations attended; and $200 for business meetings attended. In addition, the Chair receives an annual retainer of $18,000 for performing their additional responsibilities (see Attachment 1).
The term of office will be until May 26, 2021, and until successors are appointed
The successful appointees will be appointed for a four-year term of office ending on May 26, 2021, 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 it 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 Recommended
Candidates, Qualifications, and Confidential Voluntary Diversity Information
Summary, and Applications for Appointment to the Administrative Penalty
Tribunal
Attachment 1 – Decision Body Profile for the Administrative Penalty Tribunal