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Statutory Officer Recruitment, Appointment and Contract Administration Policy and Procedures

Statutory Officer Recruitment, Appointment and Contract Administration Policy

Approved By: City Council
Approval Date: April 8, 2020
Effective Date: April 8, 2020
Revision Approved By:
Revision/Review Date:

Policy Statement

The City of Ottawa is committed to fair, transparent and equitable practices for recruiting, appointing and administering the contracts of statutory officer positions that report directly to City Council. All employment-related matters, including hiring and contract administration, shall be undertaken in an objective and impartial manner and in accordance with the Code of Conduct for Members of Council, the Employee Code of Conduct, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), as well as principles of the Accessibility for Ontarians with Disabilities Act (AODA), the City’s Accessibility Policy and the City’s Equity and Diversity Policy.

Purpose

The City of Ottawa has established three statutory officers who report directly to City Council:

  1. The Auditor General, pursuant to Section 223.19 of the Municipal Act, 2001 (the Act);
  2. The City Manager, pursuant to Section 229 of the Act; and
  3. The Integrity Commissioner, pursuant to Section 223.3 of the Act. The City’s Integrity Commissioner also plays the statutory roles of the Meetings Investigator, in accordance with Section 239.2 of the Act, and the Lobbyist Registrar under Section 223.11 of the Act.

This policy is meant to assist in ensuring that individuals appointed to statutory roles are qualified, and that the terms and conditions of their employment are appropriate.

Application

This policy applies to Members of Council, the Hiring Panel, the Interview Panel, the external search firm and any City staff participating in recruitment, appointment and/or contract administration processes related to statutory officer positions that report directly to Council.

Policy Requirements

Statutory officers shall be recruited and appointed in a fair, transparent and equitable manner, and in accordance with the process approved by Council as set out in the Statutory Officer Recruitment, Appointment and Contract Administration Procedures.

The City of Ottawa is committed to providing quality services by establishing a qualified workforce that reflects the diverse population it serves. The City encourages applications from all qualified individuals.

There shall be no acts of favouritism, bias, undue influence or discrimination in the statutory officer recruitment process. Individuals participating in the recruitment and appointment process shall not attempt to influence the hiring of any applicant in a manner that is inconsistent with this policy. Participants shall not engage in any behaviour that provides an unfair advantage to a candidate during the statutory officer recruitment process. This includes assisting any candidate by providing inside information including, but not limited to interview questions and suggested answers, presentation materials, information about other candidates, and/or any information gathered in meetings, conversations, email or any other form of communication or discussion.

All City staff and Members of Council involved in the recruitment process are required to hold in strict confidence all confidential information concerning matters dealt with by Council, the Hiring Panel and/or the Interview Panel. City staff must abide by confidentiality provisions of MFIPPA, the Employee Code of Conduct and applicable contract provisions relating to confidential and/or personal information. Members of Council are also subject to MFIPPA, as well as provisions of the Code of Conduct for Members of Council relating to confidentiality.

All participants in the recruitment and appointment process will be required to sign a mandatory confidentiality agreement with respect to their involvement in the process. The confidentiality agreement must be signed at the outset of the process, before the participant receives any confidential information.

The following City staff, and/or their respective designate(s), may be involved by the Hiring Panel in the recruitment process and may be permitted to access related confidential information, subject to the above-noted provisions:

  • Director, Human Resources and/or delegate(s) as set out in writing;
  • City Clerk and/or delegate(s) as set out in writing;
  • City Solicitor and/or delegate(s) as set out in writing; and
  • Other staff as approved by the Hiring Panel and/or City Council.

In the case of the Integrity Commissioner recruitment and appointment process, the City Clerk, Deputy City Clerk and Auditor General may also be permitted to access related confidential information, subject to the above-noted provisions, in their capacity on the Interview Panel and selecting a preferred candidate.

A member of City staff or an external person appointed by Council to fulfil the duties of the statutory officer on an acting or temporary basis does not preclude the acting individual’s candidacy in the selection process for the permanent statutory officer. If the individual is not a candidate for the permanent role, they may be involved in the recruitment process.However, if they are a candidate for the position as permanent statutory officer, they are not permitted to participate or influence the recruitment process and must excuse themselves from all business associated with same.

Responsibilities

City Council

  • Provide approvals regarding recruitment, appointment and contract administration as noted within this policy and its procedures.
  • Ensure relevant requirements of this policy and its procedures are fulfilled in any duties undertaken.

Mayor

  • Serve as Chair of the Hiring Panel (Auditor General/City Manager).
  • Seek input from all other Members of Council on their expectations of the desired qualifications relating to the Auditor General and City Manager.
  • Ensure relevant requirements of this policy and its procedures are fulfilled in any duties undertaken.

Hiring Panel/Interview Panel Member

  • Engage in all procedural elements as outlined in this policy and its procedures, and in accordance with all integrity and confidentiality requirements as set out in the applicable policies, code of conduct and legislation.
  • Ensure relevant requirements of this policy and its procedures are fulfilled in any duties undertaken.

City Staff

  • Assist City Council and/or the Hiring Panel in the recruitment and appointment process in accordance with any Council direction and applicable policies, including this policy and its procedures, as well as the Employee Code of Conduct and applicable legislation.
  • Ensure relevant requirements of this policy and its procedures are fulfilled in any duties undertaken.

External Search Firm

  • Assist in undertaking an executive search in accordance with the scope of work approved by City Council and/or the Hiring Panel, and in accordance with the applicable policies and legislation.
  • Ensure relevant requirements of this policy and its procedures are fulfilled in any duties undertaken.

Monitoring/Contraventions

The City Clerk shall review and monitor the statutory officer recruitment, appointment and contract administration processes for the Auditor General and City Manager to ensure consistency and compliance with this policy. The City Solicitor shall review and monitor the recruitment, appointment and contract administration processes for the Integrity Commissioner to ensure consistency and compliance with this policy.

Failure on the part of an employee to comply with this policy may result in discipline up to and including dismissal.

Any complaints under this policy relating to Members of Council shall be addressed by the Integrity Commissioner in accordance with the Integrity Commissioner’s oversight of the Code of Conduct for Members of Council.

References

Statutory Officer Recruitment, Appointment and Contract Administration Procedures Recruitment and Staffing Policy
Accessibility Policy
Equity and Diversity Policy
Code of Conduct for Members of Council Employee Code of Conduct

Legislative and Administrative Authorities

Municipal Act, 2001
Employment Standards Act, 2000
Municipal Freedom of Information and Protection of Privacy Act
Accessibility for Ontarians with Disabilities Act

Definitions

“External Search Firm” means an external firm or specialized consultant retained by the Hiring Panel/Council to assist in undertaking an executive search in accordance with the scope of work approved by the Hiring Panel/Council.

“Hiring Panel” means the individuals appointed by Council to interview candidates for the Auditor General/City Manager position.

“Interview Panel” means the City Clerk, Deputy Clerk and Auditor General in their capacity interviewing candidates for the Integrity Commissioner position and selecting a preferred candidate.

“Statutory officer” means those officers appointed under the Municipal Act, 2001, who report directly to City Council. Specifically, this includes the Auditor General, City Manager and Integrity Commissioner.

Enquiries

For more information on this policy, contact:

City Clerk
City of Ottawa
Telephone: 3-1-1 (TTY: 613-580-2401)

Appendices

Appendix 1 – Statutory Officer Recruitment, Appointment and Contract Administration Procedures

Statutory Officer Recruitment, Appointment and Contract Administration Procedures

Approved By: City Council
Approval Date: April 8, 2020
Effective Date:
Revision Approved By:
Revision/Review Date:

Application

These procedures apply to processes for statutory officer recruitment, appointment and contract administration. These procedures apply to Members of Council, the Hiring Panel/Interview Panel, the external search firm and City staff responsible for the recruitment, appointment and contract administration process described in the Statutory Officer Recruitment, Appointment and Contract Administration Policy.

Procedure Description

  1. Auditor General

Recruitment and Appointment Process
  1. City Council shall consider a motion that provides for as follows:
    1. If applicable, the incumbent may be thanked for their work;
    2. If applicable, providing the incumbent with any required notice as set out under the employment contract and/or the Employment Standards Act, 2000 and regulations;
    3. Approving the Mayor (Chair), the Chair and Vice-Chair of the Audit Committee, and the Deputy Mayors be the Hiring Panel to interview candidates for the position of City Auditor General, and that the Mayor also seek input from all other Members of Council on their expectations of the desired qualifications for same;
    4. Approving the Terms of Reference for the Hiring Panel, a draft sample of which is attached to these procedures as Appendix A;
    5. The engagement of an external search firm from the City’s Standing Offer list may be considered to assist the Hiring Panel in undertaking an executive search for a new Auditor General, identifying an upset limit;
    6. Directing the Office of the City Clerk to provide the required administrative support to the Hiring Panel; and
    7. Directing the Hiring Panel to report back to Council with a recommended candidate for Council’s approval as the new Auditor General.
  2. The City Clerk shall ensure that all Hiring Panel Members and City staff with access to confidential hiring process information sign a mandatory confidentiality agreement in relation to the process. The confidentiality agreement shall be signed at the outset of the process, before receiving any confidential information.
  3. The Auditor General Hiring Panel is an ad-hoc committee of Council. Therefore, the Panel’s meetings shall be held in accordance with Council’s Procedure By-law, including public notice, agenda and minute provisions. It should be noted, however, that the majority of some meetings are likely to be, by necessity and in accordance with standards in employment and administrative law, conducted in closed session under the relevant provisions of the Municipal Act, 2001;
  4. If applicable, on behalf of the Hiring Panel and in accordance with Council’s direction, the City Clerk may issue a request for submissions on the recruitment process to qualified search firms on the City’s Standing Offer list;
  5. The Auditor General Hiring Panel shall meet for the purposes including, but not limited to, as follows:
    1. To consider the approval of the external search firm (if Council has approved the engagement of an external search firm) and establish timelines to meet Council’s direction;
    2. To review any list(s) of candidates prepared by the executive search firm and to select those to be interviewed for the position of City Auditor General;
    3. To interview candidates, select a recommended candidate and make any other recommendations with respect to terms and conditions that the Hiring Panel deems appropriate.
  6. The Hiring Panel shall report to Council in accordance with Council’s direction.
  7. Council shall consider the recommendation(s) of the Hiring Panel. Any appointment approved by Council shall be made by public resolution, specifying the terms and conditions of such appointment and delegating authority to finalize and execute the employment contract based on the specified parameters. The resolution shall also provide “reporting out” requirements with respect to the exercise of the delegated authority.
Contract Administration Process

Council shall, by public resolution, approve any amendments to the terms and conditions of the Auditor General’s appointment, including but not limited to contract, job description and salary matters that go beyond terms and conditions previously approved by Council. The resolution shall specify any relevant amendments and delegated authority with respect to same. The resolution shall also provide “reporting out” requirements with respect to the exercise of delegated authority.

  1. City Manager

Recruitment and Appointment Process
  1. City Council shall consider a motion that provides for as follows:
    1. If applicable, the incumbent may be thanked for their work;
    2. If applicable, providing the incumbent with any required notice as set out under the employment contract and/or the Employment Standards Act, 2000 and regulations;
    3. Approving that the Mayor (Chair) and all Members of the Finance and Economic Development Committee be the Hiring Panel to interview candidates for the position of City Manager, and that the Mayor also seek input from all other Members of Council on their expectations of the desired qualifications for same;
    4. Approving the Terms of Reference for the Hiring Panel, a draft sample of which is attached to these procedures as Appendix 1;
    5. The engagement of an external search firm from the City’s Standing Offer list may be considered to assist the Hiring Panel in undertaking an executive search for a new City Manager, identifying an upset limit;
    6. Directing the Office of the City Clerk to provide the required administrative support to the Hiring Panel; and
    7. Directing the Hiring Panel to report back to Council with a recommended candidate for Council’s approval as the new City Manager.
  1.  
  2. The City Clerk shall ensure that all Hiring Panel Members and City staff with access to confidential hiring process information sign a mandatory confidentiality agreement in relation to the process. The confidentiality agreement shall be signed at the outset of the process, before receiving any confidential information.
  3. The City Manager Hiring Panel is an ad-hoc committee of Council. Therefore, the Panel’s meetings shall be held in accordance with Council’s Procedure By-law, including public notice, agenda and minute provisions. It should be noted, however, that the majority of some meetings are likely to be, by necessity and in accordance with standards in employment and administrative law, conducted in closed session under the relevant provisions of the Municipal Act, 2001;
  4. If applicable, on behalf of the Hiring Panel and in accordance with Council’s direction, the City Clerk may issue a request for submissions on the recruitment process to qualified search firms on the City’s Standing Offer list;
  5. The City Manager Hiring Panel shall meet for the purposes including, but not limited to, as follows:
    1. To consider the approval of the external search firm (if Council has approved the engagement of an external search firm) and establish timelines to meet Council’s direction;
    2. To review any list(s) of candidates prepared by the executive search firm and to select those to be interviewed for the position of City Manager; and
    3. To interview candidates, select a recommended candidate and make any other recommendations with respect to terms and conditions that the Hiring Panel deems appropriate.
  1. The Hiring Panel shall report to Council in accordance with Council’s direction.
  2. Council shall consider the recommendation(s) of the Hiring Panel. Any appointment approved by Council shall be made by public resolution, specifying the terms and conditions of such appointment and delegating authority to finalize and execute the employment contract based on the specified parameters. The resolution shall also provide “reporting out” requirements with respect to the exercise of the delegated authority.
Contract Administration Process

Council shall, by public resolution, approve any amendments to the terms and conditions of the City Manager’s appointment, including but not limited to contract, job description and salary matters that go beyond terms and conditions previously approved by Council.

The resolution shall specify any relevant amendments and delegated authority with respect to same. This may include setting out the delegated authority being approved to seek, negotiate, finalize and/or execute a contract extension as well as any required changes to the contract with respect to term, remuneration, benefits and notice period. The resolution shall also provide “reporting out” requirements with respect to the exercise of delegated authority.

  1. Integrity Commissioner

Recruitment and Appointment Process
  1. City Council shall consider a motion that provides for as follows:
    1. If applicable, the incumbent may be thanked for their work;
    2. If applicable, providing the incumbent with any required notice as set out under the employment contract and/or the Employment Standards Act, 2000 and regulations;
    3. Delegating authority to the City Clerk to undertake a recruitment and appointment process for the new Integrity Commissioner in accordance with the criteria and principles approved by Council (as per Subsection 2 below), and further to any specified changes to the remuneration schedule; and
    4. Directing the City Clerk to report back to Council on the exercise of the delegated authority immediately following contract execution by way of a memorandum setting out information regarding the new Integrity Commissioner and the recruitment and appointment process that was used.
  2. The following criteria and principles shall be applied to the hiring process:
  • The Integrity Commissioner’s independence and impartiality;
  • Confidentiality with respect to the Integrity Commissioner’s activities; and
  • The credibility of the Integrity Commissioner’s investigation process.

In considering the appointment of an Integrity Commissioner, the successful candidate should possess:

  • Previous municipal, governance, procedural and/or ethics experience (e.g. former Chief Administrative Officer, Clerk, municipal lawyer, similar experience in another level of government);
  • Knowledge of municipal government and the accountability and transparency provisions of the Municipal Act, 2001;
  • Understanding of Council operations and policies, including the City’s Accountability Framework;
  • Ability to provide services on a part-time, flexible and as-needed basis, without competing employment demands;
  • Credibility with City Council, staff, public and media;
  • The ability to receive complaints and conduct investigations in both official languages; and
  • No specific connection or interest with the City (specifically a financial or business relationship).
  1. The City Clerk shall ensure that all individuals and City staff with access to confidential hiring process information sign a mandatory confidentiality agreement in relation to the process. The confidentiality agreement shall be signed at the outset of the process, before receiving any confidential information.
  2. The City Clerk shall conduct advertising for the position and receive and screen applications based on the Council-approved criteria before selecting candidates for interviews.
  3. Interviews shall be conducted by an Interview Panel composed of the City Clerk, the Deputy Clerk and the Auditor General, and a preferred candidate shall be selected.
  4. The initial term of the Integrity Commissioner shall be set at one year with an optional renewal for a five-year term.
  5. The City Clerk shall report back to Council on the exercise of the delegated authority immediately following contract execution by way of a memorandum setting out information regarding the new Integrity Commissioner and the recruitment and appointment process that was used.
Contract Administration Process

The City Clerk shall have delegated authority to negotiate, finalize and execute extensions to the Integrity Commissioner’s contract and any subsequent renewals, subject to Council-approved term lengths and any Council-approved changes to terms and conditions, including the remuneration schedule. The City Clerk shall report to Council on the exercise of this delegated authority by way of memorandum immediately following the execution of any agreement.

Monitoring/Contraventions

The City Clerk shall review and monitor the statutory officer recruitment, appointment and contract administration processes for the Auditor General and City Manager to ensure consistency and compliance with these procedures. The City Solicitor shall review and monitor the recruitment, appointment and contract administration processes for the Integrity Commissioner to ensure consistency and compliance with these procedures.

Failure on the part of an employee to comply with these procedures may result in discipline up to and including dismissal.

Any complaints under these procedures relating to Members of Council shall be addressed by the Integrity Commissioner in accordance with the Integrity Commissioner’s oversight of the Code of Conduct for Members of Council.

References

Statutory Officer Recruitment, Appointment and Contract Administration Policy
Procedure By-law
Code of Conduct for Members of Council

Legislative and Administrative Authorities

Municipal Act, 2001
Employment Standards Act, 2000

Definitions

“External Search Firm” means an external firm or specialized consultant retained by the Hiring Panel/Council to assist in undertaking an executive search in accordance with the scope of work approved by the Hiring Panel/Council.

“Hiring Panel” means the individuals appointed by Council to interview candidates for the Auditor General/City Manager position.

“Interview Panel” means the City Clerk, Deputy Clerk and Auditor General in their capacity interviewing candidates for the Integrity Commissioner position and selecting a preferred candidate.

“Statutory officer” means those officers appointed under the Municipal Act, 2001, who report directly to City Council. Specifically, this includes the Auditor General, City Manager and Integrity Commissioner.

Enquiries

For more information on these procedures, contact:

City Clerk
City of Ottawa
Telephone: 3-1-1 (TTY: 613-580-2401)

Appendices

Appendix A – Draft Auditor General/City Manager Hiring Panel Terms of Reference

APPENDIX A

Draft Auditor General/City Manager Hiring Panel Terms of Reference

MANDATE

The Hiring Panel for the Auditor General or City Manager, as the case may be (“Hiring Panel”) is responsible for facilitating the recruitment process for these statutory officers and recommending to City Council a preferred candidate for the position, in accordance with the Statutory Officer Recruitment, Appointment and Contract Administration Policy and Procedures, and any direction from City Council.

MEMBERSHIP

Membership of the Hiring Panel shall consist of Members of City Council as approved by City Council.

GENERAL RESPONSIBILITIES

The Hiring Panel shall:

  1. Facilitate the recruitment and appointment process in accordance with the Statutory Officer Recruitment, Appointment and Contract Administration Policy and Procedures, and any direction from City Council.
SPECIFIC RESPONSIBILITIES
  1. Consider the approval of the external search firm (if Council has approved the engagement of an external search firm), and establish timelines to meet Council’s direction;
  2. Review any list(s) of candidates prepared by the executive search firm and to select those to be interviewed for the position;
  3. Interview candidates, select a recommended candidate for Council’s consideration, and make any other recommendations to Council with respect to matters such as terms and conditions that the Hiring Panel deems appropriate.
AUTHORITY, DECISION-MAKING AND REPORTING RELATIONSHIP

The Hiring Panel shall meet at the call of its Chair in accordance with the notice provision of the Procedure By-law. The Hiring Panel is an ad-hoc committee of Council. Therefore, the Panel’s meetings shall be held in accordance with Council’s Procedure By-law, including public notice, agenda and minute provisions. It should be noted, however, that the majority of some meetings are likely to be, by necessity and in accordance with standards in employment and administrative law, conducted in closed session under the relevant provisions of the Municipal Act, 2001.

Members of the Hiring Panel may be permitted to access related confidential information. The following City staff, or their respective designate, may be involved by the Hiring Panel in the recruitment process and may be permitted to access related confidential information, subject to provisions of the Statutory Officer Recruitment, Appointment and Contract Administration Policy and Procedures:

  • Director, Human Resources and/or delegate(s) as set out in writing;
  • City Clerk and/or delegate(s) as set out in writing;
  • City Solicitor and/or delegate(s) as set out in writing; and
  • Other staff as approved by the Hiring Panel and/or City Council.

As set out in the Statutory Officer Recruitment, Appointment and Contract Administration Policy, all City staff and Members of Council involved in the recruitment process are required to hold in strict confidence all confidential information concerning matters dealt with by the Hiring Panel. Each Member of the Hiring Panel will be required to sign a mandatory confidentiality agreement with respect to their involvement in the process. The confidentiality agreement must be signed at the outset of the process, before the participant receives any confidential information.

Recommendations of the Hiring Panel shall be forwarded to Council for consideration. The Hiring Panel shall report to Council in accordance with Council’s direction.