April 9, 2015 Special Council Meeting Agenda
Transcription
April 9, 2015 Special Council Meeting Agenda
District of Lantzville Incorporated June 2003 Notice and Agenda for the Special Meeting of Council of the District of Lantzville to be held at 6:00 pm Thursday, April 9,2015, at the District of Lantzville Office, 2"^^ Floor, 7192 Lantzville Road, Lantzville, BC. Page No. 2 (This meeting may be recorded) 1. AGENDA ADDITIONS AND/OR DELETIONS 2. ADOPTION OF THE AGENDA THAT Council adopts the April 9,2015 special Council meeting agenda. 3. DISTRICT OF LANTZVILLE APPOINTMENTS TO THE REGIONAL DISTRICT OF NANAIMO BOARD Councillor Millbank and Councillor Negrave Recommendations: THAT Council rescinds the District of Lantzville current appointments of municipal director and alternate municipal director to the Regional District of Nanaimo Board THAT, pursuant to the Local Government Act, Council appoints [name] as the District of Lantzville municipal director on the Regional District of Nanaimo Board for a one-year term. THAT, pursuant to the Local GovernmentAct, Council appoints [name] as the District of Lantzville alternate municipal director on the Regional District of Nanaimo Board for a one-year term. 2-8 4. COUNCIL-STAFF RELATIONS AND DECORUM Background: Management Staff to Coimcil (26March 2015) Councillor Millbank and Councillor Negrave Recommendation: THAT Council directs staff to engage a qualified consultant to investigate and advise on Council-staff relations as referenced in the March 26,2015 memorandtun from staff, and any other coimcil-staff issues that may be identified. 5. ADJOURNMENT THAT Council adjourns the meeting. j Trudy Coai Director of Corporate Administration NEXT SCHEDULED COUNCIL MEETING: Monday, April 13,2015 @7:00 pm P1 oj March 26,2015 DISTRICT OF LANTZVILLE MEMORANDUM To: Council From: Re: Management Staff Meeting Decorum District of Lantzville management staff are concerned with the tone of Council meetings, particularly with the ridicule and criticism of staff's work in a public meeting where we cannot respond or set the record straight. We feel that the disrespectful nature of the comments during recent meetings and the manner in which the comments have been delivered, is not constructive and is inconsistent with the values of our organization. We are professionals and respect that Council (when considering a staffreport on a Council agenda) is entitled to choose other alternatives, to not act on recommendations, or to hold a different opinion. We welcome timely constructive feedback that will improve our reports, operation and performance for tiie future, and would appreciate receiving concerns about agenda content in advance of the public meeting. Ultimately, this will assist us to serve Council and the community more effectively. When members of Council denigrate the work, opinion or comments of others (whether directed at staff or at fellow Coxincil members) it encourages the public in the audience to model such behaviour. We note that Public Participation is intended to provide an opportunity for public comment on items on Ae Council agenda; however, it has been used otherwise and is not an effective method to register or resolve complaints. If members of the public or a member of Council, wish to provide a critique of an employee, it should be submitted confidentially to tfie employee's supervisor for consideration. Critiques may form part of an employee's performance evaluation; however, employee performance evaluations are conducted in confidence with the employee and the supervisor, or, in tiie case where Coimcil is involved, in a closed meeting. We want to contribute to building a respectful and mutually supportive relationship with elected officials and a workplace free from bullying and harassment. We want to continue to deliver the highest quality of work within the limited resources available. We encourage Council to consider: establishing a standard of conduct for public meetings; stating clearly to the public that personal attacks wiU not be tolerated; and beginning meetings with a statement about expectations for meeting decorum to ensure a safe and respectful workplace. Attached for Council's review is District of Lantzville Respectful Workplace (Bullying & Harassment) Policy No. 5005-2. Also attached for Council consideration is a: • Sample Opening Comments regarding Decorum in Council Meetings (City of Nanaimo) Respectfully submitted. •IkLio Twyla Graff, 'Jfedha Holmes, LisaBhopalsingh, CAO Trudy Coates, Dir. of Corporate Fre^isspears, Director of Director of Community Planner Financial Services Administration Public Works P2 r SAMPLE OpeningComments re:Dec^. am in Council Meetings Mayor's Opening Comments imder Meeting Decorum March 16,2015 City of Nanaimo Council Meeting We have a very important topic to discuss tonight, many of you are here to witnessand for those who have signed up as delegates to participate in the further discussion of the Colliery Dams and Colliery Dam Park... I need to point out that once a motion has been tabled, it no longer belongs to a particularindividualbut is the property of Coimcil and is ownedby Coimcil. Please refrain from using any Councillors' names with respect to ownership of a motionor a positionon that matter. Every councillor has the right to their opinion, has a right to debate in the matter, where their voice is heard and not to be either booed, cheered or even applauded for their statementswith respect to completing Council's business. I also need to have the gallery fully acknowledgethe fact that thesechambers are a workplace of the cityemployees and Council. To that end Council has an obligation under section 115 of the Workers Compensation Act which states: Every employer mustensure the healthand safety of allworkers forthat employer and any otherworkers present at the workplace in whichthe employer's workis being carried out and comply with this Part, the regulations, and any applicable orders. Withoutlimiting Subsection (1) an employer must ensure and provide the employer's workers with information, instruction, training, and supervision necessary to ensure the health and safety of those workers in carryingout their work and to ensure the health and safety of other workers at the work place. The Defiiution of bullyingand harassment under the Actis (a) it includes any inappropriate conductor commentby a persontowards a worker that the personloiewor reasonably ought to have known would cause liieworker to be humiliated and intimidated, but (b) excludes any reasonableactiontaken by an employer or supervisor relating to the management and direction ofworkers or the place of employment. I have to ask all those in the Chamber tonight to respect first of all the fact that this is a workplace ofthe Cityof Nanaimo, Vancouver Island Conference CentreManagement Company, and Shaw TV and subcontract employees. Secondly, imderstand the responsibility ofthe Nanaimo City Coimcil as the employer's representative to ensure a safe and respectful workplace for those employees. On a final note, please be cautious witiiyour comments that wouldcause anyone to feel humiliated or intimidatedwhile performing the employmentrole in this workplace. Q:\DISTRICT OF LANTZVlLLE\Coimcil MertingsNSAMPLE Opening Comments re Deconim.docx P3 District of Lantzville Incorporated June 2003 Policy No.: 5005-2 Date of Implementation: July 14,2014 Council Resolution: C14-120 Respectful Workplace (Bullying & Harassment) Policy The District of Lantzville respectsthe rights and interests of all individualsand is committed to providing a working environmentfree of bullying and harassment. The District will make every reasonable effort to ensure that no Council member, District officer, employee or volunteer is subjected to either bullying or harassment and will consider complaints of bullying and harassment to be serious. The District will take disciplinary measures, corrective action, or any other appropriate action as is deemed necessary and as outlined in this Policy against any person who is foimd to have bullied or harassed another. Purpose: To affirm the District's commitment to providing a workplace free of bullying and harassment; to comply with the Occupational Health and Safety Policies under sectioi\s 115,116and 117of the Workers Compensation Act, R.S.B.C. 1996, c. 492, as amended from time to time; to comply with the principles of the Human Rights Code, R.S.B.C. 1996, c. 210, as amended from time to time (the "Himian Rights Code"); and to make all reasonable efforts to avoid bullying and harassment in the workplace from occurring. Procedure: 1. Responsibilities: 1.1 Coimcil members. District officers, employees and volimteers all have a responsibility to be proactive to ensure that the workplaceremains freefrom bullying and harassment. They must ensure that bullying and harassment is not allowed, condoned or ignored and while they may not be party to bullying or harassment, there may be grounds for independent discipline should tiiey fail to deal with complaints or take corrective action once they have knowledge of bullying or harassment. Those in positions of authority can often be the first contact for those seeking assistance with bullying and harassment concerns and have an added responsibility for preventing its recurrence and escalation. 1.2 Council members. District officers, employees and volunteers must strive to have a clear imderstanding of what constitutes bullying and harassment and what P4 .r> Respectful Workplace Districtof LantzvillePolicyNo. 5005-2 Page 2 their responsibilities are, as well have an awareness of the District's processes to prevent, educate and deal with bullying and harassment of all forms. 2. 1.3 If an individual feels that he or she has been sul^ect to bullying or harassment, and is comfortablediscussingthe issue directlywith the perpetrator of the bullying or harassment, he or she should teU the perpetrator that the behaviour is unwelcome and request that it stop immediately. 1.4 If an individual is unable to talk to the perpetrator about the behaviour, or if after confronting the perpetrator the behaviour persists, the individual should involve an advisor, who may be his or her supervisor or the Qiief Administrative Officer. Further information on making inquiries and dispute resolution are outlined in the District's Complaint Resolution Policy. Scope of the Policy 2.1 This Policy covers buUying and harassment complaints based on the prohibited or protected grounds that are considered discriminatory and specified in the Human Rights Code. 2.2 This Policy also covers buUying and harassmentcomplaints that are not based on the prohibited or protected grounds set out in the Human Rights Code, but which are based on other forms of mistreatment, including verbal aggression or insidts, calling someone derogatory names, harmful hazing or initiation practices, vanddizing personal belongings, and spreading malicious nrnioirrs. Bullying and harassment will be considered to have taken place if a reasonable person knew such behaviour was objectionable or imwelcome or if a reasonable person ought to have known the conduct would cause that worker to be humiliated or intimidated. 2.3 This Policy does not cover legitimate job related action performed in good faith and in a non-discriminatory manner by District officers, directors, managers and supervisors, which may include work direction or assignment, performance appraisal, attendance monitoring and implementation of disciplinary or other corrective actions. 2.4 This Policy is not meant to inhibit interactions or relations based on mutual consent or normal and acceptable social contact and banter. While this Policy is not intended to curtail such behaviour, such normal interaction can generally be distinguished from bull)dng and harassment on the basis that it is consensual, mutu^ and that it was neither intended nor did it actually involve any form of himuliation, intimidation or reprisal. 3. Application of Policy 3.1 This Policy appHes to all complaints made by workers of alleged bull)dng and harassment by any person, including Coimdl members. District officers. P5 Respectful Workplace District of Lantzville Policy No. 5005-2 Pages employees or volunteers, as weU as members of the public or any other person a worker comes into contact with in the course of performing his or her job or official fimctions. This Policy applies to bullying and harassment that is work related whether it occurs at the workplace itself and includes, without limitation, job related travel and jobrelated socialfunctions. 4. Definitions 4.1 District officer includes the Qiief Administrative Officer, Financial Officers, Corporate Officer and other officers appointed by Coimdl pursuant to the Commimity Charter, S.B.C. 2003, c.26, as amended from time to time. 4.2 District employee includes managers, supervisors, and imion and non-union staff employed by the District. 4.3 Bullying and Harassment includes: a. any unwelcome or objectionable conduct or comment that would be considered discriminatory under the Human Rights Code, if the conduct or comment was in respect of any of the following prohibited groimds: • race • political belief • conviction for an offence • sex • • • • • colour ancestry physical disability place of origin (birthplace) mental disability • • • • • religion age (19to 65 years) marital status sexual orientation family status b. Sexual Harassment; and c. any other unwelcome or objectionable conduct or comments by a person towards a Worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated, including verbal aggression or insults, calling someone derogatory names, harmful hazing or initiation practices, vandalizing personal belongings, and spreading malicious rumours. 4.4 Sexual harassment is any verbal, written or physical conduct, comment, gesture or contact of a sexual nature that may cause offence or humiliation or that might reasonably be perceived by a worker as placing a condition of a sexual nature on employment or on any opportunity for training or promotion. Examples of sexual harassment may include but are not limited to: P6 Respectful Workplace District of Lantz^e Policy No. 5005-2 Page 4 • unwelcome remarks, questions, jokes, innuendo or taimting, about a person's body or sex,including sexistcomments or sexualinvitations • verbal abuse and threats of a sexual nature • leering, staring or making sexual gestures • display of pornographic or other sexual materials in the form of degrading pictures, graffiti, cartoons or sayings • unwanted physical contactsuch as touching, patting, pinching, hugging • • intimidation, threat or actual physical assaidt of a sexual nature sexual advances with actual or implied work related consequences NOTE: While it may not be a hamsser's intention for personal or sexual harassment to occur, the intent ofa harasser may he an irrelevant factor in a consideration ofwhether harassment has or has not occurred. 4.5 Volunteer means a person serving the District of LantzviUe who is not a Council member or District officer or employee and includes a person serving on any board, commission or committee established by iiie District. 4.6 Worker includes, for the purposes of this Policy, Council members. District officers.District employees, and volimteers. 4.7 Workplace includes, but is not limited to, work sites such as the Mimidpal Hall, Operations Centre, Fire Hall, parks locations and buildings, and construction or maintenance sites, business related social functions, work locations away from the office, work related conferences and training sessions, work related travel, telephone conversations, voice mail and electronic messaging. 5. Complaint Resolution Procedures 5.1 A worker who believes he or she is the victim of bullying or harassment should refer to the Complaint Resolution Policy for guidance on making inquiries or initiating complaints. This Complaint Resolution Policy has been established as a basisfor dealing with complaints imder thisRespectjul Workplace Policy. 5.2 A Council member. District officer, employee or volimteer who knowingly makes a false, frivolous, bad faith or malicious report under this Policy may be subject to discipline. 5.3 A Coimdl member. District officer, employee or volunteer who retaliates against a worker who has made a report under this Policy may be subjectto discipline. 6. Training and Education 6.1 The Corporate Administration Department, as part of staff training, will take stepsto provide education to Coimcil members, newand existing District officers and employees, and volimteers on the Bullying and Harassment Policy and how to preventbull)nng and harassment from occurring in the workplace. P7 RespectfulWorkplace Districtof LantzvillePolicyNo. 5005-2 Pages 7. 6.2 The Corporate Administration Department will ensure that the necessary training has been provided to those involved in the investigative processand that they are made aware of their role and responsibilities. 6.3 Once a complaint has been investigated in accordance with the complaint resolution procedures, and it has been confirmed that bullying or harassment occurred, ti\e Oiief Administrative Officer will determine if any additional training or education is required for the involved parties or if meetings with the affected parties are necessary. 6.4 Where a complaint has become public or reported in the press, a meeting will be held to ensure that all parties involved or affected are aware of their responsibilities, the Bullying and Harassment Policy, and those reprisals to either party will not be tolerated. Reprisals wiU be considered to be harassment and disciplinary action will be taken. General 7.1 This policy will be posted in visible and accessiblelocations within the Municipal Hall and on the Districfs website. 7.2 In the event that any portion of this policy is inconsistent with a binding District collective agreement or federal or provincial legislation, that portion and only that portion of this policy will have no application to the extent of that inconsistency and all other portions of the policy wiQ continue in full force and effect. 7.3 This policy is to be read in conjunction with other applicable District policies or employee handbooks as they are amended from time to time. 7.4 Any questions related to the interpretation of this policy should be directed to the Corporate Administration Department. G:\policies\BullyingJiarassment Policy_5005-2 P8