CITY CLERK
ADMINISTRATION COMMITTEE
REPORT No. 4
For Consideration by
The Council of the City of Toronto
on September 28 and 29, 1999
APPENDIX "A"
City of Toronto
REPORT No. 4
OF THE ADMINISTRATION COMMITTEE
(from its meeting on July 21, 1999,
submitted by Councillor Lorenzo Berardinetti, Chair)
As Considered by
The Council of the City of Toronto
on September 28 and 29, 1999
1
Retention of Former Employees as Expert
Witnesses at Ontario Municipal Board Hearings
(City Council on September 28 and 29, 1999, amended this Clause by adding thereto the following:
"It is further recommended that:
(1) the use of former employees as consultants, within a two-year period from such employees' separation date from the City, be judicious; and
(2) the City Solicitor be requested to submit a full report to Council, through the Administration Committee, on a quarterly basis, on the use of former employees as consultants, such report to include the names of the consultants and the amount of remuneration paid.")
(City Council on July 27, 28, 29 and 30, 1999, deferred consideration of this Clause to the next regular meeting of City Council to be held on September 28, 1999.)
--------
(Clause No. 5 of Report No. 3 of The Administration Committee
headed "Retention of Former Employees as Expert Witnesses
at Ontario Municipal Board Hearings")
The Administration Committee recommends the adoption of the following report (June 25, 1999) from the City Solicitor:
Purpose:
To request Council authority for the City Solicitor to retain on a short term basis former employees who took part in a separation program or received a retirement incentive as expert witnesses at Ontario Municipal Board hearings in situations where City staff are not in support of Council's position and are unable to provide evidence under oath.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
It is recommended that the City Solicitor be authorized to retain former employees who received a termination package from the City on a short term basis as may be required from time to time, to provide evidence at Ontario Municipal Board hearings in support of Council's position where staff are unable to provide evidence in support of Council's position.
Comments and/or Discussion and/or Justification:
In situations where Council does not adopt the recommendations of Planning Division staff with respect to development applications and the matter is appealed to the Ontario Municipal Board, internal planning staff are unable to provide evidence at the Board at the hearing of the matter. In these circumstances, the City Solicitor is required to retain the services of an outside planning consultant to provide expert evidence at the Board.
Outside consultants are retained on a short term basis from one week to several months depending on the particular file. They are paid for the number of hours worked on the file based on an estimate provided at the time they are retained. The City Solicitor determines the most appropriate outside consultant to retain based on among other matters, the issues raised by the particular file, the expertise of the consultant, the consultant's perceived credibility before the Board and their previous Board experience. Furthermore, it is not uncommon for an outside consultant to refuse a retainer from the City because they support the position of planning staff and are unable to provide evidence in support of Council's position. The City Solicitor will then reassess the file and approach another consultant. A review of planning consultants retained by the Legal Division indicates that various consultants have been retained over the past year.
There are cases where former employees would in the opinion of the City Solicitor, be excellent witnesses at the Board in support of Council's position. The former employees generally held senior positions within the former municipalities and as a result, have indepth knowledge of City by-laws, policies and practices. In addition these former employees have considerable experience before the Board and are generally well received by the Board and are considered to be credible witnesses.
Current City policy does not permit former employees who took part in a separation program or received a retirement incentive to be retained as outside consultants for a period of two years starting from an employee's separation date. As a result, the Legal Division is unable to utilize these consultants in appropriate situations to support Council's position. There are situations where the flexibility to retain a former employee would be beneficial to the City's case before the Board and in the opinion of the City Solicitor, would present Council's position in a most satisfactory manner.
Conclusions:
It would be in the City's interest to provide the City Solicitor with the flexibility to determine on a case by case basis which outside planning consultant would best serve the needs of Council notwithstanding that the outside consultant retained may be a former employee who participated in the separation program or received a retirement package.
Contact Name:
Anna Kinastowski,
Director Planning and Administrative Tribunal Law
Telephone: 416-487-5886
Fax: 416-397-4420
Respectfully submitted,
LORENZO BERARDINETTI
Chair
Toronto, July 21, 1999
(Report No. 4 of The Administration Committee was adopted, as amended, by City Council on September 28 and 29, 1999.)