municipal monitor | q3 2015

POLICY MAKING IN THE SHARING ECONOMYALSO• Political Acuity: The Difficult Art

of Speaking Truth to Power• P3s: Emerging Opportunities

for Canadian Municipalities• AMCTO’s Code of Ethics for

Municipal Professionals

Exploring the challenges municipal regulators face

Q3 2015

The Official Publication of AMCTO – The Municipal Experts Municipal Management & Leadership

SPECIAL PULLOUT AMCTO’s Awards and Recognition Section

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Municipal_Monitor_2015.indd 1 7/3/2015 7:46:17 AM

CONTENTSQ3 2015

FEATURES

Policy Making in the Sharing EconomyExploring the challenges municipal regulators face

Political Acuity: The Difficult Art of Speaking Truth to PowerPublic servants strive to provide professional advice with a dose of understanding of the political climate

Public-Private PartnershipsEmerging opportunities for Canadian municipalities

Open for DiscussionAMCTO’s new Code of Ethics & Values encourages municipal professionals to raise the ethical bar while providing a helpful framework to tackle moral conundrums

DEPARTMENTS

PRESIDENT’S MESSAGEFormalizing Relationships to Better Serve Our Communities

VIEWPOINTIt All Starts at the Source

SPECIAL PULLOUT

AMCTO’S Awards and Recognition Section

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Published four times a year for the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO)

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Formalizing Relationships to Better Serve Our Communities By Chris Wray, AMCT

President, AMCTO

Board of DirectorsChristopher Wray, AMCT President Municipality of Wawa

Michelle Smibert, CMO Immediate Past President Municipality of Middlesex Centre

Stephane Palmateer, AMCT Vice President/Zone 8 Board Director City of Timmins

John Hannam, CMO Director at Large City of Thunder Bay

Lois O’Neill-Jackson, CMO Director at Large Municipality of Trent Lakes

Yvonne Robert, CMO, AMCT Director at Large Township of Elizabethtown-Kitley

Robert H.A. Tremblay, CMO, Dipl.M.A. Director at Large Municipality of Meaford

Michelle Casavecchia-Somers, CMO Zone 1 Board Director Township of Malahide

Pamela Fettes, CMO, DipI.M.A. Zone 2 Board Director Township of Clearwater

Angela Morgan, CMO Zone 3 Board Director City of Burlington

Stephen Huycke Zone 4 Board Director Town of Aurora

Candace Thwaites, CMO, AMCT Zone 5 Board Director Town of Gravenhurst

Dean Sauriol, CMO, Dip.M.M Zone 6 Board Director Township of South Dundas

Carol Trainor, AMCT Zone 7 Board Director Township of St. Joseph

Marcella Vallelunga Zone 9 Board Director City of Thunder Bay

P R E S I D E N T ’ S M E SSAG E

I was pleased and honoured to be sworn in as your president in June at AMCTO’s 77th Annual General Meet-ing and Professional Development

Institute. This is a role that I take very seriously for an organization that has done so much for me and it is time to return the favour.

I have travelled across the province and been in many communities. I have talked with those in the municipal sector about their successes, their fail-ures and their shortcomings. There are as many common issues as there are uncommon issues. As an organization

and sector, we are not going to resolve any of these issues without continued cooperation and partnerships.

In 2014, the AMCTO Board of Directors reviewed a report entitled Enhancing Association Coordination & Cooperation. The report was produced by a group of municipal staff asso-ciations who believe that exploiting creative opportunities for enhancing cooperation is the right path to follow.

The board has now laid the ground-work for the advancement of the recommendations contained in this report. Further, it is my firm belief that

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we need to take the next step and follow the example set by the Association of Municipalities of Ontario (AMO) and formalize our relationship among staff-ing associations.

There are many political munici-pal organizations across Ontario. The local associations, for the most part, associate themselves with groups like the Federation of Northern Ontario Municipalities (FONOM), the Northwestern Ontario Municipal Association (NOMA), Ontario Small Urban Municipalities (OSUM) and the Rural Ontario Municipal Association (ROMA) who, in turn, are directly affili-ated with AMO. This is a key strength within the political realm, one which we have not yet fully embraced. Moreover, our associations have a col-lective expertise that is unsurpassed in the municipal sector in Canada. We should expand that collective expertise for the common good of our communi-ties. This is not about amalgamation; in fact, it is about celebrating and using the differences between us

while strengthening our individual associations in a formal way – by a carefully thought out Memorandum of Understanding (MOU).

I would be remiss if I did not men-tion that AMCTO and the other municipal staff associations have been informally partnering on a number of fronts. Full credit should be given to these associations but most impor-tantly to Andy Koopmans and the great staff at AMCTO and to the boards that have laid the initial groundwork. We should also recognize the great work and exchange of ideas and information that comes from discussions with asso-ciations outside of Ontario, including international groups. These are dis-cussions and cooperation that need to continue.

Like our sibling associations and us, AMO and its sibling associations suffer from “too much work and not enough resources.” Let’s remember: a vision without resources is only an illu-sion. At the end of the day, we are all trying to get to the same place – better

governance and service for our com-munities. The Province of Ontario and AMO figured this out and now have an MOU to discuss issues of munici-pal advancement and importance. Imagine the increased power of that MOU if our joint staff associations had, at times, a direct role to play in the pro-cess. My goal over the next year is to simply start the discussion that seems so necessary.

If we are successful in a formaliza-tion of our collective relationship, at all times, we will need to remember that there may be items that we may not agree on with our sibling associa-tions or AMO. These must be set aside. I suspect that there will be more that we will agree on and it is these items that will drive our collective success.

We have a great board of directors, amazing staff and developing relation-ships with our sibling associations. Formalizing our relationship with these same associations, and perhaps with AMO, won’t be easy. But it is the right thing to do.

P R E S I D E N T ’ S M E SSAG E

“ The Province of Ontario and AMO figured this out and now have an MOU to discuss issues of municipal advancement and importance. Imagine the increased power of that MOU if our joint staff associations had, at times, a direct role to play in the process. My goal over the next year is to simply start the discussion that seems so necessary.”

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V I E W P O I N T

It All Starts at the Source

A few months ago, I was a par-ticipant in a meeting where the conversation turned to identifying and understand-

ing what the younger generation of mu-nicipal professionals is looking for with respect to future career aspirations. A spirited discussion took place with a number of viewpoints expressed and opinions offered on the topic. Once ev-eryone had aired their views, the group made some recommendations about actions to be taken that would assist in encouraging young professionals to pursue the career advancement op-portunities that continue to arise in the municipal sector. Thinking back on

that meeting, it has since occurred to me that there was a major flaw in the process that we followed that day. In-stead of going to the source (i.e., young municipal professionals) to determine the needs and desires of young mu-nicipal professionals, our group relied instead on what we believed to be their needs. As I was, in my estimation, the youngest professional involved in that meeting, I suspect that you can see the problem.

So, what is it that led us to conclude that we could speak to the needs of these young professionals? Knowing the people who sat around that table that day, I am quite sure that it wasn’t

AMCTO StaffAndy Koopmans, CPA, CMA, CMO Executive Director

Craig Wellington Director, Programs & Services

Rick Johal Director, Member & Sector Relations

Nadeem Dean, CPA, CMA Manager, Finance & Administration

Anubha Meta, Ph.D. Manager, Education & PD Program Development

Brenda Armstrong Johnston Specialist, Membership Services

Michelle Sampson Executive Assistant

Kathleen Barrett Coordinator, Communications & Marketing

Lynda Staples Project Manager, Municipal Accessibility

Debra Bellamy Coordinator, Accreditation & Coordinator, Municipal Accessibility

Jeanne Moon Coordinator, Programs & Services

Rosita Bourke Coordinator, Programs & Services

Manjit Badh Coordinator, Programs & Services

Eric Muller Coordinator, Legislative Services

By Andy Koopmans, CPA, CMA, CMO Executive Director, AMCTO

When determining the needs and desires of young municipal professionals, we should talk to young municipal professionals

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through any sense of hubris or belief that we knew it all already. Instead, I strongly suspect that we were simply extrapolating from information we had previously heard or read (anecdot-ally or otherwise) about generational differences and views on professional careers. In the interests of wanting to move ahead with our desire to address the issue and implement a course of action, we simply fell into the trap of not taking the time to confirm our understanding of the matter at hand before we moved ahead with our decisions.

In today’s environment where we are bombarded with information from a wide range of sources – not all of them particularly reputable – it is dif-ficult to find the time to sort through it all or to absorb everything that we are being told. Instead, I believe that

we have a tendency to cobble together bits and pieces from various sources to arrive at a conclusion that fits with our personal biases or some precon-ceived outcome. In essence, in the interests of addressing a current issue so that we can move on to the next pressing one, we’ve become rather lazy about any type of fact-checking or verification of the data that is inform-ing our decision.

If what I have outlined above rings true for you then I hope that, like me,

you will try and focus more on going to the “right” source when you are working to address a current issue or concern. In many cases, that source will be more than willing to share their opinions or observations with you and will provide you with information that is far more accurate and complete. It may take a bit more time to address the issues but, in the end, the decisions made will be so much better.

Trust me – I know what I’m talking about!

V I E W P O I N T

“ In essence, in the interests of addressing a current issue so that we can move on to the next pressing one, we’ve become rather lazy about any type of fact-checking or verification of the data that is informing our decision.”

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PRESTIGE AWARD • E.A. DANBY AWARDS • E.A. DANBY CERTIFICATES OF MERIT

ACADEMIC ACHIEVEMENT AWARDS • DIPLOMA PROGRAM AWARDS • ZONE AWARDS

COMMITTEE CHAIR CERTIFICATES • CMO ACCREDITATIONS • INTERNSHIP PROGRAM

Awards & Recognition

2015

R E C O G N I Z I N G O U T S T A N D I N G A C H I E V E M E N T

AMCTO Awards & Recognition 2015

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Message From The PresidentAMCTO is truly the “Municipal Experts,” representing the largest collection of Municipal Managers in Ontario with over 2,100 members. Our many programs and initiatives have enabled us to develop both management and administrative staff across Ontario, placing us on the leading edge of municipal excellence. It is therefore vitally important that we collectively celebrate the outstanding achievements of our members.

The pursuit of knowledge is certainly high on our list of recognizable achievements and is actively supported by our many educational programs. Continuing education is not easy, requiring great sacrifices of personal time. We therefore celebrate the academic achievements of those who have sought to better themselves through our programs.

Municipalities and their staff across the Province are constantly seeking out new, better and more productive ways to deliver municipal services to their ratepayers and so we celebrate new and innovative municipal practices through our E.A. Danby Award. Our award winners have “boldy gone” where nobody has gone before!

Lastly, I would be remiss if I did not acknowledge our many gifted members who have taken their own time to contribute to AMCTO and to the municipal sector through their impeccable careers. The Prestige Award is presented annually to one of these noteworthy members.

Please take the time to read through the following pages and take note of the wonderful achievements within AMCTO. Such achievements are what make us what we are – “Municipal Experts!”

Chris Wray, AMCT AMCTO President

Awards & Recognition

RECOGNIZING OUTSTANDING ACHIEVEMENT

2015


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Prestige AwardAMCTO presents the Prestige Award annually to a member in recognition of a career of outstanding commitment to the ideals of the Association and exceptional contributions to the municipal profession.

This year’s recipient, Jeffrey Abrams, City Clerk for the City of Vaughan, is a worthy addition to the honour roll of past Pretige Award winners.

One of the most respected voices in the municipal profession today, Jeff Abrams is frequently sought out for his expertise and insight on a range of issues. Jeff has spent his entire career in public service, beginning as a municipal lawyer at Metro/City of Toronto, and then moving on to the Municipal Clerk’s role. Since transitioning from municipal law to the City Clerk’s office in the late ’90s, Jeff embraced AMCTO and immersed himself in the Association’s activities. He has served AMCTO in a variety of volunteer capacities, sharing his expertise and knowledge as a Committee Chair and member; as a conference and seminar speaker; and as a program facilitator.

In his own municipality, Jeff is an acknowledged authority on issues of governance and policy development. Shortly after assuming his current role as City Clerk of Vaughan, Jeff was instrumental in developing a Code of Conduct for members of council, and undertook a comprehensive re-write of the Procedural Bylaw based on a “principled approach.” Jeff continues to provide leadership on matters of accountability and transparency, facilitating internal reviews in his own municipality, as well as external discussions of the latest legislative amendments to impact the accountability and transparency framework within municipalities. Jeff is a sought after expert speaker on access and privacy matters and has proactively developed such policies in his own municipality. For example, in the City of Vaughan, Jeff developed a “Public Record Redaction Process,” used to process requests from the public for a redaction of personal information from the City’s website. This policy was

submitted to the IPC, who responded favourably to the procedure, noting that it was a “commendable and appropriate measure to address the concerns of individuals based on their personal circumstances.

Also following joining Vaughan, Jeff undertook a review and re-vamp of the election administration process. For his efforts, he was recognized with a City of Vaughan “We Are Vaughan” Silver Award in 2011. Jeff has shared his extensive knowledge of election legislation with other sectors, including as a guest speaker at an Ontario Bar Association Conference. On Municipal Election Day 2014, Jeff hosted delegation from the Delian Project, a non-government organization dedicated to helping jurisdictions implement positive change in the democratic voting process through the use of technology.

Said Vaughan Mayor, Maurizio Bevilacqua, P.C.: “The City of Vaughan is proud to learn that Jeffrey Abrams, Vaughan’s City Clerk, is this year’s recipient of the AMCTO Prestige Award. It is worthy recognition of someone who has dedicated 30 years of his life to public service. Since joining the City in 2008, he has proven himself as a leader who embodies the qualities of integrity and professionalism. He has been a mentor to staff as well as fellow municipal professionals and young people considering a career in government. On behalf of all City of Vaughan residents, I offer my sincere congratulations to Jeffrey Abrams, on receiving this prestigious honour.”

A great passion and focus for Jeff is mentoring young people. Through AMCTO’s Municipal Management Internship Program, he has mentored three new graduates over the past three years. He is also an informal mentor to many fellow municipal professionals and, in particular, to young people starting out

in the profession. He unhesitatingly offers support to anyone who calls upon him.

Said former AMCTO Management Intern Melissa Bauman: “I feel truly honoured to have worked alongside Jeff in my internship as he has been someone who has made a significant impact on my life and I will be forever indebted to the opportunities and knowledge that Jeff has helped me realize. Jeff is truly the embodiment of the kind of leader that not only supports the integrity of the sector, but also inspires the next generation of municipal professionals.”

Jeff has also served in a number of other volunteer capacities. He currently serves on the Seneca College Public Administration Graduate Certificate Program Advisory Committee, is Vice-Chair of the Board for OMEX, and previously served as Chair of the Municipal Education and Research Foundation. He also attained a black belt in karate and taught karate skills at his club. Jeff is currently a member and active volunteer at the Toronto Cricket and Skating Club.

AMCTO is proud to honour Jeff Abrams for a career of exemplary achievement and dedicated pursuit of excellence.

Prestige Award, Jeffrey Abrams


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E.A.DanbyAwardsThe objective of the E.A. Danby Award is to recognize and honour municipalities that have

demonstrated outstanding achievement through innovation with respect to municipal

management activities or practices implemented for the purpose of delivering improved municipal

programs and services.

This award is named in recognition of AMCTO’s first President, E.A. Danby, who was instrumental

in establishing the Association and its commitment to improvements in municipal government

through education, training and knowledge sharing.

In the category of Municipal Administration (population less than 20,000) Town of Bancroft “Bridge Street Bridge Project”

The project began with the need to complete infrastructure repairs of a major bridge in the downtown core of Bancroft that required a three-month complete road closure. Through innovation, creativity and partnerships with government and community, the Bancroft Theatre District was born and what transpired exceeded all expectations. Infrastructure in a busy downtown is no simple task, however. Major infrastructure repair became the catalyst for events, celebrations, facade improvements,

location of permanent art and new business openings occupying what was vacant storefront; significant overall economic development achievements for the Town were achieved through implementing a culture of cooperation and support that involved government, contractor and engineer and empowered community!

Project InnovationsIn June of 2014, the Town of Bancroft scheduled the three-month closing, abutment replacement and major rehabilitation of the Bridge Street Bridge. This bridge is the link to Provincial Highway 28, that is a major transportation corridor and is one of two access routes into downtown Bancroft. It is also one of two major transportation corridors (Highway 28 and Highway 62 intersect in downtown Bancroft). To mitigate against what would be a negative impact on the Town’s economic well-being and business season town management formed partnerships with businesses, the Business Improvement Area Board, Loyalist College and Community Futures Development Corporation successfully developed a culture of community well-being and support provided by

the project construction team and engineers. Collaboration of all resources delivered innovative initiatives that produced positive economic results and encouraged additional economic developments beyond expectation. A complex, timely construction project that would traditionally cause economic loss for businesses resulted in a positive business climate and strengthened the overall economy, encouraged downtown beautification and a new culture in construction management that fosters cooperation between municipal government, the construction industry and commercial enterprise for successful infrastructure rehabilitation was created and supported by all parties.

Service Delivery of Muncipal ProgramsThis project illustrated that stakeholders can successfully work together to mitigate financial losses to affected businesses as a result of necessary infrastructure repair. Through coordination and time investment, not only can the impact of infrastructure maintenance scheduling and its impact be mitigated to minimize stakeholder impact but, through support and creativity, new opportunities with


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E.A.DanbyAwardsa permanent and positive municipal economic effect is generated through community empowerment and private investment. It is a win-win model. As a result of this project, the improvements and new developments coming forward from private property owners and not-for-profit organization that support Bancroft as a destination have been frequent and have further enriched the Town’s status as a visitor destination. It has alsoplayed a significant role in private/not-for-profit financial investment and community pride with no direct municipal financial contribution for the improvements and new capital development.

Hazel Lambe, Chief Administrative Officer, Town of Bancroft

Benefits to the Community and Municipal Operations■■ Completion of 2M bridge construction

project

■■ Designation and signing of the Theatre District

■■ Businesses maintained or exceeded seasonal sales during construction

■■ Approx. $200,000 private investment in building exterior facade

■■ Approx. $50,000 private investment in street mural completion and installation that depicts the history of Bancroft and overlooks the York River on Bridge Street

■■ Approx. $400,000 construction of boardwalk along the York River over private and public properties from Bridge Street to Station Street, funded by private and trillium funding

■■ Opening of “A Space for the Arts,” a coed art initiation on Bridge Street

■■ Successful implementation of a “pop-up” business model, with two businesses renting vacant storefront on Bridge Street

■■ Focus on the historical “Play House Theatre” and promotion of their ongoing events

■■ “Theatre district” destination development of the Town of Bancroft

■■ Influenced continued private and not-for-profit capital investment into the Town

■■ Project was submitted and will be showcased in Halifax by WSP Engineer Consulting as an innovative and creative construction project, fully engaged in the success of the overall project initiative and attended the bridge opening ceremony

■■ Clarington Construction Project Manager engaged and supported the project to ensure business stability and street activities. Wanted to be a part of this initiative and travelled to attend and participate in the bridge opening ceremony

■■ Has encouraged continuous community and municipal government partnerships that have produced new investment into the Town

■■ Generated significant community pride

■■ Development of a new cultural relationship for the betterment and growth of the community

■■ Additional public-private initiatives are currently underway or have also been completed that enhance Bancroft as a visitor destination, support the downtown core, provide youth business opportunity and learning skills, new business enterprise investment, park land investment and events that have not had a direct cost to the municipality. Cooperation and some in-kind support is the municipal contribution, however the benefits derived clearly out value the minimal contributions from the Town.

By empowering the community and providing municipal support in planning around the needs of the community, construction projects can be utilized as a catalyst for community investment that provide growth and extended opportunities.

■■ By changing the way we do business and developing a culture that encourages growth and supports those effected by municipal services and projects, municipalities satisfy their needs in a cooperative, cost-effective manner that produces community spirit and private investment into tangible public benefits


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In the category of Municipal Administration (population 20,000 or more) Town of Newmarket “E-Bidding System”

This June, the Town of Newmarket’s Procurement Services department received two awards for their Bids and Tenders E-Bidding system: the E.A. Danby Award and the MISA Award. The E.A. Danby Award is in recognition of outstanding achievement in improving performance through innovative practices in the category of Municipal Administration by a municipality with a population of 20,000 or more and the MISA Award recognizes excellence in municipal system bids and e-tenders with electronic tendering systems, acknowledging the Town’s recent switch to an e-bidding system.

Municipal Public Procurement Bidding in Ontario has relied on very traditional paper tender processes, which results in bid irregularities, the rejection of bids, errors in bidding, all of which may lead to litigation between the municipality and the bidder and substantial legal costs of settlements. The traditional paper tender process is inefficient for both municipalities and contractors in many ways, such as higher costs of labour and material to print bid documents and drawings, the cost for the bidder to pick up the bid documents from municipal offices and submit back to the municipality.

Over a period of 18 months, the Town of Newmarket’s Procurement Services Department worked with process stakeholders to research and develop an innovative e-bidding system that provides efficiencies to both the Town and its

vendors/contractors. Newmarket was one of the first, if not the first, municipality in Ontario to implement the e-bidding system.

Since implementation of the electronic system, Newmarket has had no bid irregularities, as all bids must meet all requirements before a bidder may submit a bid. For example, a pricing line or the acknowledgement of addenda cannot be missed, as the e-bidding system provides a warning to the bidder to correct their mistake before they can submit. A detailed project description including background, benefits, cost analysis and screen shots is appended to the application.

“Congratulations to the Town’s Procurement Services department on achieving excellence for their e-bidding and e-tender systems,” says Mayor Tony Van Bynen. “Newmarket is one of the first municipalities in Ontario to implement the e-bidding system and these awards show how the Town is constantly working


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to make Newmarket even better through its vision of being well beyond the ordinary not only for residents, but for businesses as well.”

Since the launch in September 2014, Newmarket has received 100 per cent compliant bids. Surveys of our bidders are conducted following the bid closings, which have indicated a high level of satisfaction with the e-bidding system and appreciation for the ability to submit electronically.

Over a period of 18 months, the Town of Newmarket’s Procurement Services department worked with process stakeholders to research and develop an innovative e-bidding system that provides efficiencies to all parties involved.

“The Town of Newmarket’s new e-bidding system has many benefits, not only to the bidder but also to the Procurement staff, the Town of Newmarket and to the public,” says Anita Moore, Commissioner of Corporate Services. “This process is more environmentally friendly and efficient as it improves the way in which the organization purchases products and services to support and improve the Town.”

Louise Wilson, Senior Procurement Officer, and Anne Sugar, Procurement Officer, Town of Newmarket

The system is very accessible and understandable. Starting with standard templates, bidders go in and register online and then can view their status in real time. Bid opportunities are posted at http://bids.newmarket.ca. Bidders can create an account free of charge which permits them to register for a bid opportunity (there may be a document fee applicable to some bid opportunities). Some key features include:

■■ Email notifications of new bid opportunities

■■ Free preview of bid documents prior to purchasing

■■ The buyer can push notices and also view the status of all transactions

■■ There is a built in commodity list

■■ To simplify the process, the Town stopped asking for certified cheque with bids; now only the successful bidder is asked to provide a cheque

■■ Buyers can audit the system; if a bid is late they can verify what time it was sent

■■ Bid results are posted instantly so public openings no longer required

■■ All bidder forms are automatically loaded into a folder, just for them

■■ Bid submissions received are 100 per cent compliant as bids cannot be submitted through the e-bidding system unless all mandatory requirements have been met

■■ All cost analyses for each bidder and summary cost analyses are now automatic with the click of a button, whereas previously, bidders had to attend a public tender opening at the Town offices


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In the category of Implementation of Legislation (population 20,000 or more) City of Barrie “Every Kid’s A Hero Adventure Playground”

In 2014, the City of Barrie partnered with the Barrie Professional Fire Fighters Association to create Every Kid’s a Hero, a fire prevention-themed accessible playground.

In order to work towards creating an accessible community and Ontario, per the Accessibility for Ontarians with Disabilities Act (AODA), the City of Barrie’s Accessibility Advisory Committee (AAC) endorsed the work of Parks Planning Staff on the development of policy and standards related to the City’s use of accessible playground equipment, resulting in the Council adoption of Motion 13-G134 requiring that all new and redeveloped community park outdoor play spaces be designed and constructed in compliance with the AODA and adhering to Canadian Standards Association CAN/CSA-z61407, Annex H for accessibility. As a result, when the Sunnidale Playground was considered for refurbishment/replacement in 2013, the AAC and Parks Planning Staff took advantage of the opportunity to design and thus create the City’s largest inclusive accessible playground, utilizing unique topographical characteristics to increase the overall accessibility of the playground for users and caregivers alike, as well as the addition of fire prevention themed design elements for safety-conscious education and awareness.

The budget for the project was $250,000. One hundred and fifty thousand dollars was funded from the playground refurbishment program and $100,000 was provided by the Barrie Professional Fire Fighters Association.

Project InnovationsThe City of Barrie’s playground at Sunnidale Park is unique in that it is Barrie’s first accessible playground to provide ramped access to elevated play areas, in addition to wheelchair transfer stations. This was made possible by taking advantage of the site’s natural topography to create fully ramped access areas and a looped accessible route or accessible path of travel, surrounding the play area structures. The playground also features a wide variety of inclusive play components to address the needs of a broad cross-section of unique needs (such as a cozy cocoon for autistic users, a metal slide for children with cocular implants and a disc swing designed to provide vestibular and proprieoceptive feedback) in a manner to promote universal appeal.

The site works consisted of excavation and fine grading, drainage, curbing with several accessible curb depressions, two ramp access retaining walls and an extensive three-metre wide limestone screening accessible pathway system that runs around all the play areas and intersects with the existing park pathway, which is also accessible, that makes up a portion of the Trans Canada Trail System. The junior, senior and swing areas combine for a total play surface area of 1,285 m2 which was specified as 100 per cent white cedar engineered wood fiber, offering the optimum cost benefits of superior shock absorption for safety while still meeting the CSA criteria for accessibility.

Another unique aspect of the playground is the fire safety and prevention theme, which promotes role

playing through the fire trucks and rescue boat glider, as well as educating through the use of graphic and text slogans on numerous panels that feature colour contrasted and raised tactile images with fire prevention messages. Some of the fire prevention messages used are: Plan your escape, have two fast ways out; Hear an Alarm – Don’t Hide, Get Out and Keep Out; Firefighters are Your Friends – Call 911 in an Emergency; and Working Smoke Alarms Save Lives! The intermediate adventure play area also features a one-of-a-kind, twinned obstacle course to simulate a firefighter training challenge, climaxing with the heroic zip-line rescue.

Cheryl Dillon, Accessibility Coordinator, City of Barrie

Delivery of Municipal ServicesThe Sunnidale Adventure Park is a great example of how legislation needs may be met through existing city assets and core service delivery activities (the park refurbishment program) for maximum benefit. The project used strategic planning principles to identify the best option for an accessible park in existing asset refurbishment plans, engaged the City of Barrie’s Accessibility Advisory Committee (AAC) to endorse the design, and partnered with the Barrie Professional Fire Fighters Association to create an exciting and educational park theme.


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The outcome is a very successful example of both staff and community engagement in the municipal sector. The strategy of partnership and use of existing city refurbishment program to implement requirements from legislation changes demonstrated commitment to municipal fiscal responsibility.

While we have gotten great feedback from children and the parents of children using the playground of all ages and abilities, some of the most meaningful feedback regarding the tangible benefits our community is realizing related to the reconstruction of this playground. In this redesign, the City of Barrie has created an inclusive space where families can be together while they experience play and outdoor activities in one of our City’s most picturesque parks. Families, friends, caregivers and various community

organizations have responded to the use of the elevated looped access routes surrounding the childrens’ play areas that connect with the larger access routes into and around the park, which have allowed adults with disabilities an opportunity to participate in the lives of their children, in a way that they had not previously been able to do before. The City has other playgrounds with accessible features and playground elements; however, this is the first of its kind to offer ramped accessible access throughout the majority of the play areas as well as surrounding the play areas, thus taking into consideration the needs of both children with disabilities and adult family members or caregivers with disabilities.

Another tangible benefit that has been expressed by our community is the increased education and awareness related to the fire prevention messages incorporated throughout the design of the playground. Families and educators have repeatedly lauded the City for its use of fire prevention messaging in the playground, as children are learning these same messages at home and as part of their school curriculum - integrating these safety messages into their recreational and play time has been considered to be of great benefit to and cause of an increased

awareness in overall fire safety. The park was featured on a local television program, Clear to Respond.

Inclusive accessible play opportunities for children are vitally important. We have discovered that it is equally important to ensure that the accessibility and inclusivity of these play opportunities is extended to the families and caregivers of children of all abilities. Integrating inclusive play where children with disabilities as well as non disabled children can engage in play opportunities that are accessible by and to their adult caregivers creates a play and community environment where diversity is respected and valued.

Collaborating with community partners or stakeholders can also be beneficial and rewarding to the children utilizing the play structures as well as by addressing financial barriers that might limit a municipality’s ability to fund such large accessible projects.

Finally, implementing new legislation by reviewing it within the framework of existing municipal core service delivery is a practice that is recommended for all municipalities.

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Certificates Of Merit

The following municipalities have been honoured with

2015 E.A. Danby Certificates of Merit to recognize their outstanding initiatives:

Municipal Administration (population 20,000 or more)

City of Guelph “Dragon’s Den Initiative”

Municipal Administration (population 20,000 or more)

City of Markham “Markham Portal – Digital Services for Citizens”

Municipal Finance (population 20,000 or more)

City of Vaughan “Recreation & Culture Performance Dashboard”

Board of Directors CertificatesWhile there are many volunteers involved in AMCTO

activities, the Association believes it is important to

recognize the extra commitment and responsibility taken

on by those volunteers who take on a strategic leadership

role to guide the Association’s direction. The term of

several members of the board has come to a close, so

we express our appreciation to these members for their

hard work and dedication during their time on the Board.

AMCTO wishes to acknowledge the following individuals:

Mark Gaynor, CMO, Chief Financial Officer, Municipality of Brockton – Zone 2 Director

Brenda Brunt, CMO, Clerk, Municipality of South Dundas – Zone 6 Director

Finally, as his term as Immediate Past President and his

years of service on the AMCTO Board officially come to an

end, we express the Association’s special gratitude to:

Cahl Pominville, AMCT, Director of Corporate Services/Clerk, Municipality of North Grenville


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Academic Achievement Awards

The winner of the Dr. C. Richard Tindal Award for Excellence in Municipal Administration is:

Sandra Datars Bere, Managing Director – Housing, Social Services & Dearness Home, City of London

The winner of the Award for Excellence in Municipal Accounting and Finance is:

Amy Sager, Accounts Payable Clerk, Town of Niagara-on-the-Lake, Account Manager – Municipal Relations, Municipal Property Assessment Corporation

The recipient of the Award for Excellence in Municipal Law is:

Elaine S. Gunnell, Municipality of Temagami

The winner of the Award for Excellence in Municipal Human Resources is:

Kevin Heath, Manager of Corporate Services/Clerk, City of Quinte West

■■ Watson & Associates Economists Ltd. – who are sponsoring the Award for Excellence in Municipal Accounting and Finance;

■■ Thomson, Rogers Barristers and Solicitors – the sponsors of our Award for Excellence in Municipal Law; and

■■ Cunningham Swan Carty Little & Bonham LLP – who have sponsored the Award for Excellence in Municipal Human Resources.

Academic Achievement AwardsAs an organization committed to life-long learning, AMCTO is proud to recognize the academic achievements of its

students. We are very pleased, therefore, to present our annual Awards for Academic Excellence in the areas of Municipal

Administration, Municipal Accounting and Finance, Municipal Law and Municipal Human Resources.

We are grateful to the following three organizations who are the sponsors for our Academic Excellence Awards:


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Diploma Program Academic Excellence

We are pleased to acknowledge all the graduates from June 2014 to February 2015 of the Diploma in Municipal Administration listed below:

Rebecca Breedon

Barbara Deforge

Hope Dillabough

Jessica Gundy

Kevin Heath

Daphne Livingstone

J. Michael McGovern

Ann-Marie Norio

Christine Reed

Nicole Trudeau

Heather Watson

AMCTO is also pleased to recognize all the graduates from June 2014 to May 30, 2015 of the Executive Diploma in Municipal Management listed below:

Jack Barron

Rob Bernardi

John Clark

Dave Clarke

Denis Crete

Brian Ducey

Nancy Fiorentino

Duane Gutz

Byron Hemlow

Mark Hennigar

Mark Hill

Jason Jolicoeur

Troy Leeson

Quentin Levesque

Richard Malott

Andrew McGinnis

Kevin Monette

Jeffrey Morrison

Laura Moy

Sarah Newton

Matthew Payne

Leanne Segeren-Swayze

Dan Smith

Polly Smith

Paul Jacques Strome

Stephen Sunquist

Garry Symons

Randy Villeneuve

Darryl Wilton

AMCTO Diploma Program Academic Excellence AwardsIn addition to recognizing academic excellence in each of the Association’s core educational programs, the Association is

also pleased to recognize two individuals for their outstanding achievement in completing the Association’s two diploma

programs – the Diploma in Municipal Administration Program and the Executive Diploma in Municipal Management Program.

This year’s outstanding graduate for the Diploma in Municipal Administration is:

Kevin Heath, Manager of Corporate Services/Clerk, City of Quinte West

For the AMCTO Executive Diploma in Municipal Management, the Academic Excellence Award is presented to:

Quentin Levesque, Business Partner, City of Ottawa


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Internship Program2014 – 2015 AMCTO Municipal Management Internship ProgramFor the past several years, the Association has proudly operated a Municipal Management Internship Program which

was developed in order to address the critical need to attract and train the next generation of competent well-rounded

municipal leaders. Upon successful completion of this program, these interns are ready to enter and positively contribute

to the administration and management of local government, and ultimately rise to leadership positions within Ontario

municipal corporations.

Below are the graduates of the 2014–2015 iteration of the Municipal Management Internship Program:

Tatiana Dafoe, Town of Tecumseh

Alison Merkley, Township of Minden Hills

Ben Hagerman, Town of Greater Napanee

Adam Payler, City of Vaughan

Ted Horton, Town of Newmarket

Fred Yamusah, County of Simcoe

Meli Limani, City of Barrie


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Zone AwardsAMCTO Zone AwardsThe Association recognizes an individual member annually from each AMCTO

Regional Zone for their significant contributions at a local level towards the

success of their Zones or to the advancement of the municipal profession.

The following members are the recipients of the 2015 Zone Awards:

Zone 1 Ron Reymer, Chief Administrative Officer/Deputy Clerk, Township of Lucan Biddulph

Zone 2 Dawn McAlpine, City Clerk of Legislative & Court Services, City of Barrie

Zone 3 Rick Levac, Manager of Licensing & Administrative Services/Deputy Clerk, City of Brantford

Zone 4 Martha Pettit, Deputy City Clerk, City of Markham

Zone 5 Susan Bernardi, Executive Director, Municipality of Port Hope

Zone 6 Duncan Rogers, Clerk, Town of Carleton Place

Zone 7 Shawn Boggs, Clerk-Administrator, Township of McKellar

Zone 8 Tom Monahan, Retired AMCTO Member

Zone 9 Glenn Treftlin, Retired AMCTO Member


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Gillian C. Angus-Traill, CMO Deputy Clerk, Town of East Gwillimbury

Jannette Amini, CMO, Director of Legislative Services/Clerk, County of Frontenac

Rebecca E. Clothier, CMO, Treasurer/Deputy-Clerk, Township of Perth South

Nancy Cronsberry, CMO, Deputy Clerk, Township of King

Emily Dance, CMO, Planning Coordinator Municipality of Kincardine

Veronique Dion, CMO, Clerk, Town of Smooth Rock Falls

Tonia J. Graham, CMO, Municipal Clerk Municipality of Marmora & Lake

Tim Ivanyshyn, CMO, Chief Administrative Officer, Township of Perth South

Dina Lundy, CMO, Clerk, Town of Erin

Sandra MacDonald, CMO, City Clerk City of Brockville

Lori McDonald, CMO, Director of Corporate Services/Clerk, Town of Bracebridge

Sonya Watson, CMO, Clerk, Township of Huron-Kinloss

Donna Wilson, CMO, Clerk, Town of Tillsonburg

Ellen Armstrong, CMO, Administrative Services Manager, County of Northumberland

Jon Hebden, CMO, Account Manager, Govt. Relations, Municipal Property Assessment Corp.

Daphne J. Livingstone, CMO, Committee Administrator, City of Kitchener

Joanna Malott, CMO, Deputy – Clerk, Township of Huron-Kinloss

Malcolm Morris, CMO, Chief Administrative Officer, Separated Town of Smiths Falls

Maureen Spratt, CMO, Town Clerk, Town of Arnprior

Scott Stakiw, CMO, Chief By-Law Officer, Town of Bracebridge

Certified Municipal OfficerCertified Municipal Officer (CMO) AccreditationsThe Association is extremely pleased to recognize the following 20 individuals who have successfully

completed the requirements to attain the Certified Municipal Officer designation since last year’s Conference:

In addition to the individuals noted above who have received their CMO for the first time, we are also pleased to acknowledge the 28 individuals who earned their CMO accreditation in 2000, 2005 and 2010 have this year successfully recertified. These individuals continue to demonstrate their commitment to the CMO program and to the pursuit of life-long education and accreditation:

Bruce BeakleyRaymond CalleryDavid CalderJudy CurrinsMark DarrochBetty de HaanLeigh Doughty

Leslie DonnellyKaren EwartMichael GallowayPaul GreenwoodJohn HodgsonLorna HudderMichele Kennedy

Kyle KrugerChristine NorrisRick O’ConnorPat PilgrimMeaghen ReidPaula RoqueBrenda Sabatine

Dean SauriolJohn SissonWilliam TigertRachel TyczinskiJoe WhyteLinda WiddifieldNancy Wright-Laking

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June 12th – 15th , 2016

Join us inNiagara Falls for the 2016

AMCTO Conference

AMCTO is inviting submissions of original, unpublished articles for publication in future editions of the Municipal Monitor. AMCTO’s mandate is to promote excellence in municipal management and administration. We are looking for thought-provoking articles featuring innovative ideas and practical solutions that advance the knowledge and management capacity of Ontario’s municipal sector.

Themes we would like to see covered include:

• Strategic leadership

• Staff and operational management

• The staff/council dynamic

• Public engagement

• Sustainability

• Infrastructure

• Financial management

• Performance management

• Public-private partnerships

• Service delivery

If your municipality has developed an innovative initiative that has resulted in significant improvements in organizational processes or service delivery, and is replicable in other jurisdictions, please let us know so we can share your story.

For more information or to submit an article outline, please email [email protected].

CALL FOR SUBMISSIONSShare your story and contribute to the Municipal Monitor

www.amcto.com

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Policy Makingin the Sharing Economy


By Sarah B. Hood

In recent years, a new way of using technology to do busi-ness – the “sharing” or “peer” economy – has started to challenge traditional ways of licensing and regulating com-mercial activities. Using web-based communications tech-

nology, individuals can now exchange goods and services with people they’ve never met: they can rent a room in their home via Airbnb, make extra money driving as a taxi through Uber or sell off a tea set on Kijiji. They can arrange a loan through Prosper or fund a new business through Indiegogo. Other online businesses allow people to share cars, bicycles, parking or Wi-Fi or offer odd-job services.

There has always been a quiet underground economy of yard sales, classified ads, home shares and the like. The differ-ences here are that the interactions are managed by quickly growing new enterprises and that the scale is huge.

For example, last January, Quartz reported that Airbnb could offer over a million rooms worldwide, compared to about 698,000 for InterContinental Hotels Group and less than 700,000 for each of Hilton, InterContinental and Marriott. Of course, Airbnb doesn’t actually own any of these rooms. However, the Wall Street Journal’s valuation of the company at $10 billion puts it ahead of such industry giants as Wyndham Hotel Group ($9.3 billion), Hyatt Corp ($8.4 bil-lion) and InterContinental ($8 billion).

Regulatory change has moved more slowly than these swiftly-expanding business behemoths. The U.S. Internal Revenue Service now automatically withholds a 28 to 30 per cent portion of Airbnb earnings towards taxes owing (even from non-U.S. residents) and Revenue Canada has altered income tax forms to allow for declarations of revenue from websites. But the sharing economy has numerous legal and regulatory implications relating to municipal territory, like licensing and safety, which have not yet been fully examined. For instance, apartments in both California and Calgary have been trashed by Airbnb guests, while normal home insurance policies may be violated by renting out space to visitors.

Uber is especially controversial: assaults have been reported against both drivers and passengers. Licensed

S H A R I N G E CO N O M Y

Exploring the challenges municipal

regulators face

“ These new business models are challenging existing regulations simply because the nature of the businesses we regulate are changing.” – Tracey Cook, Executive Director,

Municipal Licensing & Standards, City of Toronto

25MUNICIPAL MONITOR

taxi drivers resent the “ride-sharing” service and on June 3, California’s Labor Commissioner ruled that Uber owed former driver Barbara Ann Berwick the sum of $4,152.20 to match compensation she believed she was owed under the state’s labor standards legislation. (Uber is appealing the decision.)

The City of Toronto recently lost a decision on court action it had undertaken against Uber on the grounds that it is operating in an unlicensed manner in contravention of city bylaws. Ontario Superior Court Justice Sean Dunphy dismissed the application, saying there is “no evidence” the company is operating as a taxi broker. He also noted in his ruling that the questions around the current regulations should be resolved politically. The City of Toronto is consid-ering appealing the decision.

Ahead of a solution, the City of Toronto has charged 36 UberX drivers with operating unlicensed transportation services and has promised to continue enforcing the bylaw, which applies to unlicensed limousine drivers, including Uber drivers, who do not have the appropriate ground trans-portation license.

Mayor John Tory supports the fines, repeatedly noting, “The law is the law,” however, he maintains that the city must work to create a bylaw that applies to both the taxi industry and services like Uber.

As a result, city council has voted to review its regulations and have staff provide new regulatory options in September.

In the meantime, Dominik Konjevic, a Toronto taxi owner, has filed a $410-million class-action lawsuit against Uber on behalf of all of the province’s taxi and limo drivers, brokers and owners.

The suit alleges that Uber conspired to break Ontario’s Highway Traffic Act and, as a result, has harmed the business interests of the class members. While licensed taxi and limo drivers are required to follow a long list of regulations, includ-ing licensing fees, UberX drivers aren’t. As a result, Konjevic has seen a 48 per cent drop in revenues just this year, his lawyer said. At the time the suit was filed, 11 UberX drivers were facing charges under the cited act.

Konjevic’s lawyer argues that changes to the city bylaw won’t address the issue at hand, as they won’t provide any compensation for drivers like Konjevic. The ruling issued by Justice Dunphy did not address the provincial Highway Traffic Act cited in Konjevic’s class-action suit.


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Uber, the onlne ride-sharing service, is especially controversial

“ The challenge for municipal governments is to find a way to capitalize on the opportunity while making sure they’re still protecting their core policy objectives.” – Noah Zon, Practice Lead,

Intergovernmental Economic & Social Policy, The Mowat Centre

“We recognize that the sharing economy is a new and exciting way that people can connect, share and build busi-nesses,” says Tracey Cook, Executive Director, Municipal Licensing & Standards with the City of Toronto. “It is about leveraging technology to create businesses in a new way that couldn’t have been imagined, even five years ago.”

However, she says, “these new business models are chal-lenging existing regulations simply because the nature of the businesses we regulate are changing.”

Ottawa is also confronting these changes. When it comes to transportation services, “we have three main premises of what we regulate for: health and safety, consumer pro-tection and public nuisance,” says Susan Jones, the City of Ottawa’s Acting Deputy City Manager, City Operations. Accommodations services may come up against zoning bylaws as well.


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Urban & Regional Planning

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“Airbnb is in Ottawa and our hotels have expressed con-cerns about it. We haven’t received a lot of calls around it, but we know we will,” she says.

However, “Ottawa’s laid about 78 charges to date against drivers for not having the proper accreditation under the licensing bylaw. We’re in the process of going to council to confirm funding support to undertake a comprehensive review of the city’s taxi regulations. We’re going to look at all the options; we’re also working very closely with Calgary, Toronto and Edmonton because this is a Canadian issue.

“We’ve also talked closely with Montreal; in the province of Quebec they have the ability to impound the vehicle if it’s not licensed. Right now there is a bill that has received second reading at Queen’s Park that is exploring options to regulate illegal taxicabs, which could include demerit points and higher fines and the City of Ottawa has asked for the ability to impound vehicles similar to what Quebec can do,” she says.

“What’s gotten lost on many in this new service is the issue around accessibility; that’s one area that’s key,” says Jones. “We’ve introduced just under 200 taxis that are accessible; given the demographic of our city – and probably of cities across North America – as we have an aging population, we have to ensure we’re meeting those service demands.”

In February 2015, the Mowat Centre published a study titled Policymaking for the Sharing Economy: Beyond Whack-A-Mole,

authored by Mowat Centre Policy Director Sunil Johal and Noah Zon, Practice Lead for the Intergovernmental Economic and Social Policy Research Stream at the Mowat Centre. Regulators, say the report’s authors, will need to step back and view the sharing economy as a bigger picture rather than trying to metaphorically “whack” each new problem as it pops up on the scene.

“Municipalities can think about it more broadly; it can also be part of their strategy for attracting tourism or economic development,” says Zon. “I do think it’s a mistake to look at the change as a threat only. It’s a challenge to existing approaches for sure, but it also presents some significant opportunity. It’s providing benefit to consumers and to entrepreneurs; that’s something to take advantage of and encourage.”

Zon also believes municipalities will see the sharing econ-omy bring “innovation to some sectors that have not seen much innovation. The arrival of Uber pressures some taxi companies to develop better customer service and new apps. Some of the examples have been quite proactive and have had some success in that regard,” he says.

He mentions Seoul, Korea, which “actually has defined itself as a sharing city; they’ve really embraced the poten-tial of the sharing economy in that way.” Portland, Ore. has established a partnership with Airbnb and persuaded Uber to pause their operations for three months until a pilot program was developed. Boston, Mass. has “arrived at an agreement with Uber that allows them access to certain anonymized data that gives them an idea of what’s going on in the city.”

Regardless of the industry or approach taken, the cre-ation of new policies and regulations will be a balancing act for municipalities.

“I think it’s fair to say the current model is definitely out-dated,” says Jones. “We would like to come up with some creative options that will incorporate newer technology and address the accessibility requirements while at the same time ensuring consumer and public protection.”

Zon agrees.“The challenge for municipal governments,” he says, “is to

find a way to capitalize on the opportunity while making sure they’re still protecting their core policy objectives.”


Toronto’s city council has voted to review its bylaws around taxi brokers and have staff provide new options in September

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POLITICAL

ACUITY:

By David Siegel, Brock University

The Difficult Art of Speaking Truth to PowerPublic servants strive to provide professional advice with a dose of understanding of the political climate

T he chief administrative officer and other senior staff in a municipality live in an ambiguous world. Their job is to provide advice to councillors and to implement council’s decisions, all the while

staying out of the rough shoals of the overt political pro-cess. In other words, municipal staff must remain strictly politically neutral while working in a highly politicized en-vironment. How does a conscientious public servant, who wants to provide good service to council and to the public (and keep her or his job), go about navigating these dif-ficult shoals?

This leads us to the concept of political acuity. Public ser-vants must be sufficiently attuned to the political process that they will understand the political consequences of their actions and their advice without becoming firmly enmeshed in the political process.

We sometimes talk about the politics-administration dichotomy. Policy and politics are separate from adminis-tration. Policy and politics are the domains of politicians, administration is the domain of public servants and never the twain shall meet. This is a useful starting point in terms of discussing the different roles of politicians and public ser-vants, but the idea of a watertight dichotomy between the two is outmoded, if it ever was a reality.

Both politicians and public servants have a role in the policy-making process. However, there is a distinct difference in the contribution that each group makes to that process.

The general public elects politicians and they are tested in the court of public opinion every few years. Members of the public understand that one of their main points of contact with government is their elected representatives. Politicians must stay well connected to the public. Thus, the contribu-tion of politicians to the governing system is this sensitivity to local attitude and culture.

Public servants are the professional experts. They have a great deal of knowledge and experience in their substan-tive field. They know how to build bridges, prepare financial statements and run recreation programs. Their contribution to the governing system is this substantive knowledge about practical aspects of service delivery.

Therefore, both politicians and public servants have sig-nificant knowledge that is necessary for good policy-making. Public servants provide the technocratic approach to prob-lems, while politicians temper this view with a perspective on what the general public will find acceptable. The best deci-sions are not a result of one of these perspectives triumphing over the other. The best decisions will be decisions that integrate the technocratic public service view with the local

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sensitivity that councillors contribute. Figure 1 illustrates how the two kinds of expertise can be combined.

How do we encourage a positive integration of the two perspectives rather than a winner-take-all confrontation between them? It is important for each group to stay within its own sphere of expertise as discussed above. Politicians must represent the local culture and local sensitivities and not become involved in the details of administration. Public servants must focus on providing their best professional administrative advice without crossing over into the political.

A positive integration of the two depends, to a large extent, on how public servants provide advice to their political mas-ters. This is where the concept of political acuity enters the picture. This acuity is a balancing of the need to provide pro-fessional, administrative advice with an understanding of the political environment in which councillors live, without crossing the line to usurp the role of the politician.

Public servants must always provide their best profes-sional, administrative advice, whether it is what councillors want to hear or not. Public servants are the only ones around the table who have the specialized substantive knowledge, which is essential for an informed debate. If public servants do not provide this advice, then councillors will never hear this important perspective. Public servants who do not pro-vide this advice are shortchanging both their employers and the general public.

At times, it might seem tempting to take the easy way out and tell council what it wants to hear. After all, if you know what decision council wants to make, why complicate the debate by introducing facts?

The advice that public servants provide must always be grounded in a rational discussion of the issues. Staff mem-bers must avoid telling councillors what they want to hear. The main tool that a professional expert has is his or her cred-ibility. If you give up your credibility to anticipate councillors’ views, they’ll love you in the short run, but in the long run, they will always doubt the advice that you provide.

At some point, a councillor, or a citizen, or a journalist will push you to the wall to defend your views. If you are able to

defend your advice, they might be angry at you in the short run because you are not telling them what they want to hear. However, they will respect in the long run because you have stood on your principles. You do not want to be in the situa-tion I saw at a council meeting when the person presenting the report had a great deal of difficulty defending his seem-ingly contradictory advice and finally had to admit that he wrote the report this way because that’s what the mayor wanted it to say.

While public servants must always present the advice grounded in rationality, political acuity requires them to be sufficiently attuned to the political consequences of their advice that they will be able to anticipate the reaction that their professional, administrative advice will provoke and be ready to respond to that reaction.

In order to anticipate reaction to a report, staff members must have a good knowledge of their councillors. Much is made of the concept of political neutrality and the idea that staff must not become too close to councillors. However, it is an over-interpretation of this concept to suggest that staff members are not allowed to have informal discussions with councillors to see what motivates a councillor, both posi-tively and negatively. I have heard councillors refer positively to their relationship with a staff member as friendly, but not friends. This is a good description of the relationship that staff members should strive for.

In providing advice, it is important to ensure that coun-cil understands the ideal technocratic solution to a problem. However, staff members must be aware when they are asking councillors to do something that is politically unacceptable. In these circumstances, a wise public servant will have a compromise solution in her or his back pocket. This is the essence of political acuity – ensuring that councillors will be aware of the technocratic aspects of a policy at the same time as providing council a politically acceptable way of solving the problem.

David Siegel is the Interim Dean of the Faculty of Education and Professor of Political Science at Brock University.

Figure 1. The Council-Staff Interaction

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Canadian municipalities are beginning to recognize the value of public-private partnerships (P3s) in connection with performance accountabil-ity, project risk sharing and harnessing private sector expertise and as-sociated capacity for innovation. As noted in our made-in-Canada press,

“Governments insist they’re ‘leveraging greater value and generating “efficiencies”’ by offloading risk onto the private sector.”1

Public-Private Partnerships

By Lou Milrad, Milrad Law

Emerging opportunities for Canadian municipalities

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Rationalization of P3sP3s are more likely to deliver projects on time and on budget, but at what price?

While there is much support for P3s, this category of alternative funding is not without its critics; however that’s for discussion at a later time.

P3s reflect an innovative approach to infrastructure development and replenishment and are utilized to2:• Improve efficiency in the

delivery of an existing good or service: Airport operating con-tracts, garbage collection (many jurisdictions)

• Deliver a new good or service: Viva transit system – York Region, City of Sudbury bio-solids facility, Alberta schools

• Leverage existing assets for up-front value: Highway 407, airport concessions, Enwave ( formerly Toronto District Heating Corp.)

P U B L I C - P R I VAT E PA R T N E R S H I P S

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P3 Perspectives – The Canadian Council for Public-Private Partnerships (CCPPP) – 22nd Annual CCPPP National Conference on Public- Private PartnershipsAccording to Dale Richmond, Chair of the Canadian Council for Public-Private Partnerships (CCPPP), speaking along with a number of notable public and private leaders at CCPPP’s 22nd Annual CCPPP National Conference on Public-Private Partnerships from Nov. 3–4, 2014, the model is building sup-port through a number of successful initiatives.

“I would say that 2014 has been a watershed year for P3s at the munici-pal level – growth in the P3 model in water, wastewater and in transit are just some of the areas that municipali-ties are capitalizing on,” he explained. “We are now closing in on 50 municipal projects across the country. While this number could, and should, be higher given the infrastructure needs in our towns and cities, the momentum is really starting to build. As municipali-ties become more comfortable with using P3s, and we see success stories from their neighbours, the market will continue to grow.”

Richmond further elaborated that 2014 had been another exciting year for the P3 industry across Canada. There are 220 projects in progress around the country and the value of those that have reached financial close exceeds $70 bil-lion. Richmond indicated that there are, “P3 projects in various stages,” in almost every province and territory, in addition to a growing number of municipalities and First Nations, as well as at the federal level.

“We now have projects underway in British Columbia and New Brunswick in the water and wastewater area and

we have new light rail transit projects moving forward in B.C., Alberta, and Ontario,” he noted.

Escalating municipal debt and budgetary challenges have created a springboard for an increasing number of Canadian municipalities to explore P3s as a funding alternative for replen-ishing aging infrastructure while also undertaking new infrastructure initiatives.

Mike Aumond, Deputy Minister of Finance and Secretary of the Financial Management Board for the Government of the Northwest Territories, spoke of the territory’s choice of a P3 to build a 1,200-kilome-tre-long fibre travelling through some robust terrain. The Mackenzie Valley Fibre Line (MVFL), a public/private community connectivity initiative in NWT, calls for the laying of fibre optic cable right through the Mackenzie Valley and Beaufort Delta regions with a defined goal of bringing state-of-the-art fibre telecommunications connectivity to all of the communities.

“The MVFL is a key component of the GNWT’s commitment to provide improved delivery of health, education and social services to remote com-munities in the Mackenzie region,” according to Government of NWT media release. “The MVFL will also provide a fibre link between the sat-ellite receiving station in Inuvik and southern Canadian networks, enabling space agencies worldwide to have high speed access to the Inuvik facility.”

From the NWT government’s per-spective, most of the communities in the northern region are dependent upon satellites, which in turn do not provide a lot of bandwidth. Construction on the line began this January and with its estimated completion by mid-2016, businesses and residents alike will

benefit from the connectivity it will make a reality.

“We are hoping to deliver programs and services to our residents and busi-nesses … some communities that are very small and geographically very far apart,” Aumond said. “… we will be hooking up about seven communities using fibre and another four will be able to connect through some high speed microwave. This will allow us, among other things, to bring modern health-care to small, remote communities.”

The P3 Canada FundThe P3 Canada Fund, administered by Infrastructure Canada, has been an important catalyst in encouraging the use of P3 projects for cities and towns. However, as Richmond noted, there is still a responsibility in developing the process that rests with municipal gov-ernments and industry players.

“We of the council, and you in gov-ernment and industry, need to play a leadership role ensuring best policies, refining the model and working with municipalities to overcome the obsta-cles that may still exist. The same holds true for Aboriginal communities,” he explained.

The Hon. Joe Oliver, Canada’s Minister of Finance, also addressed the importance of infrastructure to the country in his opening keynote.

“Infrastructure is etched in Canadian history,” he said. “Sir John A. Macdonald built a railway that bound our country with steel tracks from the Atlantic to the Pacific.”

Canada has moved up from sixth to second place in Bloomberg’s ranking of the world’s most attractive destina-tions for business and ranks number one among G20 countries.

The government’s commitment to public infrastructure will occur


“ 2014 has been a watershed year for P3s at the municipal level – growth in the P3 model in water, wastewater and in transit are just some of the areas that municipalities are capitalizing on.” – Dale Richmond, Chair, Canadian Council for Public-Private Partnerships


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through a number of emerging initia-tives, and in particular, the new $70 billion Building Canada Plan to be spent over the next decade. Through this plan, $53 billion will be available for provincial, territorial and munici-pal infrastructure. A key part of the plan is the Gas Tax Fund, which goes directly to municipalities to build and support their infrastructure. A total of $21.8 billion is committed to be spent over the next 10 years.

Minister Oliver stressed that the government has made a major pledge to renew Canada’s infrastructure with a 10-year, over $70-billion commit-ment, the largest and longest of its kind in Canadian history. The com-panion $1.25-billion P3 Canada Fund will continue to be a major catalyst for provincial, municipal and Aboriginal P3 projects.

Municipal committees, task forces, external advisors and law departments

stand ready to review the business case, legal and governance structures while elected officials, citizens and the media debate the pros and cons.

Lou Milrad is a business and IT lawyer who assists municipalities and pri-vate sector clients with technology licensing, mobile device strategies and policies, IT procurement, asset commercialization, cloud computing, open data and public-private alli-ances. He has developed and will be teaching the 2015 AMCTO Municipal Public-Private Partnerships (P3s) course. Milrad is also the Associate General Counsel to the International Municipal Lawyers Association in Canada and is a frequent presenter on legal aspects of municipal technology that include procurement, broadband, open data, mobile devices and P3s. He can be reached at 647-982-7890 or at [email protected].


1. www.theglobeandmail.com/report-onbusiness/economy/the-hidden-price-of-publicprivate-partnerships/article4611798/

2. KPMG: Municipal P3s – Private Sector Perspective – Public-Private Partnerships, Presentation March 20, 2013

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Technology is changing at the speed of light and so is the daily work environment for munici-pal professionals. Social media

and the power of modern connectivity provide for the near-immediate dis-semination of information, whether true or otherwise. With the poten-tial for a public scandal lying in wait around every corner – think Rob Ford, Joe Fontana, Senate misspending and vote-suppressing robocalls to name just a few recent examples – it’s time for clear guidance on ethical conduct and decision-making at all levels of government.

It’s territory the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) has covered before – albeit not formally since 1985, when the leadership of the day developed nine rules of profes-sional conduct for the membership. Those rules were crafted with prescrip-tive language, taking a “thou shalt not” approach to the ethical obligations of municipal professionals.

In many cases, that document was filed away, effectively collecting dust until April 2014. That’s when a group of members approached AMCTO staff about modernizing the associa-tion’s dated code of ethics. The goal: to open dialogue and prompt discus-sion about ethics and moral dilemmas confronted by municipal professionals across Ontario. The timing was right for change.

“From my personal viewpoint, I think there is so much scrutiny of public servants, both elected and career-oriented,” says M. Rick O’Connor, City Clerk and Solicitor for the City of Ottawa. “With all the scandals in the news, it was time to open the discus-sion. We had to start somewhere and it wasn’t with our old rules of behaviour that said ‘don’t commit crimes.’”

Incoming AMCTO President Chris Wray, who is the CAO/Clerk-Treasurer for the Municipality of Wawa, couldn’t agree more.

“The timing is extremely important in my mind,” he notes. “I have watched

the Ontario Ombudsman tweet for the last four years or more, insinuating how corrupt and inappropriate the munici-pal level of government is and, frankly, I don’t agree with that. There are lots of examples of bad actors, but the vast majority of those are in the political realm and somehow we’ve been roped into that group.”

Wray said the association’s lead-ership welcomed the suggestion to revamp AMCTO’s ethical code.

“It found its way into the strategic plan as something we needed to do,” he comments. “We wanted to make it more behavioural-based instead of prescriptive by identifying the types of behaviours that typify excellent munic-ipal staff – the things we as staff do on an everyday basis.”

Setting the barBy September 2014, AMCTO had assem-bled a group of interested professionals who agreed to participate in discussions aimed at developing a new AMCTO code of ethics and values. Seven people

OPEN FOR DISCUSSION

AMCTO’s new Code of Ethics & Values encourages municipal professionals to raise the ethical bar while providing a helpful framework to tackle moral conundrumsBy Lisa Gordon

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contributed their input, including O’Connor, Wray and Edmonton’s City Manager Simon Farbrother, who has ties to AMCTO through his five-year term as City Manager and CAO in Waterloo, Ont. Farbrother is also President of ICMA, the International City/County Management Association.

He said the committee focused on determining how AMCTO’s ethi-cal beliefs should look and what they would bring to the profession. “We talked about the role a city man-ager plays. There is a stewardship accountability that we play in the role we hold in our jurisdictions,” says Farbrother.

After several months of research, discussion and refinement, the seven-member committee drafted a one-page AMCTO Code of Ethics & Values. Anchoring the new code are three values for the municipal sector: service to the community; support for elected officials; and service to the municipal profession. Each value is supported by a list of ethical tenets, which sets the bar for the expected conduct of munic-ipal professionals.

“We took all the latest best practices and looked for any gaps that needed to be addressed,” explains Farbrother. “There was nothing glaringly obvious that was missing. There is a common sense aspect to this new code.”

In February, the AMCTO Board of Directors approved the draft docu-ment. It was introduced to members at the nine spring zone meetings and was subsequently accepted by the membership with no changes at the association’s annual conference, held in Thunder Bay, Ont. from June 7–10, 2015.

As AMCTO’s incoming president, Wray is excited about the new docu-ment. “This aims to generate a very positive outlook on municipal profes-sionals and to give members something easy they can follow,” he says. “I can take those ideas, put them on my desk, and live by them.”

There’s no doubt that the new val-ues-based approach models positive behaviour, employing the so-called carrot rather than the stick.

“The new AMCTO code aims to meet an aspirational test,” adds another focus group member, Michael Fenn, who is a former Deputy Minister of Municipal Affairs and Housing in addition to municipal CAO. “It sets standards of expected ethical behav-iour and it offers practical direction on meeting those expectations. It is the kind of document that empowers public servants, in an environment where their value is often not appreci-ated or respected.”

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“ It sets standards of expected ethical behaviour and it offers practical direction on meeting those expectations. It is the kind of document that empowers public servants, in an environment where their value is often not appreciated or respected.” – Michael Fenn, Focus Group Member, Former Deputy Minister

of Municipal Affairs and Housing and Municipal CAO

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Instead of trying to adhere to a list of prescriptive commandments, AMCTO members can now lighten up on the rules and live according to their ethics and values. As Fenn puts it, “As in all areas of morality, peer pressure is a powerful force and it frequently works better than rules and processes.”

O’Connor, who champions the val-ues-based ethics approach, is keenly interested in encouraging good behav-iour and dialogue in the everyday lives of municipal professionals. For example, he says Ottawa’s annual per-formance appraisals review the city’s code of ethics to ensure staff members understand its finer points. As well,

managers have departmental meetings where case studies are used to evaluate ethical decision-making skills.

For his part, Wray would like to see municipal professionals embrace the new code as words to live by.

“I also hope other associations will read this and adopt something similar for their organizations,” he adds. “This code speaks to people’s inner sense of what is right. It identifies our common purpose in this profession.”

O’Connor commends the AMCTO board and staff for making the new code a priority.

“Rick Johal [AMCTO’s Director, Member and Sector Relations] and his

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team did a fantastic job of gathering research and information and reach-ing out to other groups to identify the possible routes we could take in modernizing our code of ethics,” he notes.

At the end of the day, O’Connor says municipal professionals should ask themselves how they would operate if a member of the public was watching over their shoulder.

“Integrity is all you have. You can’t let it slip for anyone just because you like them,” he says. “As municipal professionals, we must give our best objective advice without fear or favour, each and every time.”

AMCTO wishes to acknowledge the contributions and dedication of all of the members of the Code of Ethics Working Group:

• Rick O’Connor, City Clerk & Solicitor, City of Ottawa

• Simon Farbrother – City Manager, City of Edmonton

• Jeff Fielding – City Manager, City of Calgary

• Dr. David Siegel – Professor of Political Science, Brock University

• Chris Wray – CAO, Clerk-Treasurer, Municipality of Wawa

• Michael Fenn, Consultant, Fenn Advisory Group

• Fiona Crean, Former Ombudsman, City of Toronto

CO D E O F E T H I C S

“ We took all the latest best practices and looked for any gaps that needed to be addressed. There was nothing glaringly obvious that was missing. There is a common sense aspect to this new code.” – Simon Farbrother, City Manager, City of Edmonton


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