Governance Committee

Meeting #:

Date:

Monday, January 29, 2024

Time:

1:00 PM

Location:

Council Chambers, Civic Centre, 2nd Floor

300 City Centre Drive, Mississauga, Ontario, L5B 3C1

and Online Video Conference

Members

• Mayor , Ex-Officio
• Councillor Joe Horneck, Ward 6
• Councillor Dipika Damerla, Ward 7 (Chair)
• Councillor Matt Mahoney, Ward 8 (Vice-Chair)
• Councillor Brad Butt, Ward 11
• Harminder Dhillon, Citizen Member
• Jennifer Green Frank, Citizen Member

Staff Present

• Ani Grigoryan

---

1.

CALL TO ORDER

Councillor D. Damerla, Chair called the meeting to order at 1:00 PM.

2.

INDIGENOUS LAND STATEMENT

"We acknowledge the lands which constitute the present-day City of Mississauga as being part of the Treaty and Traditional Territory of the Mississaugas of the Credit First Nation, The Haudenosaunee Confederacy the Huron-Wendat and Wyandotte Nations. We recognize these peoples and their ancestors as peoples who inhabited these lands since time immemorial. The City of Mississauga is home to many global Indigenous Peoples.

As a municipality, the City of Mississauga is actively working towards reconciliation by
confronting our past and our present, providing space for Indigenous peoples within their
territory, to recognize and uphold their Treaty Rights and to support Indigenous Peoples. We
formally recognize the Anishinaabe origins of our name and continue to make Mississauga a
safe space for all Indigenous peoples.”

Councillor D. Damerla recited the Indigenous Land Statement.

3.

APPROVAL OF AGENDA

Approved (Councillor B. Butt)

4.

DECLARATION OF CONFLICT OF INTEREST

Nil

5.

MINUTES OF PREVIOUS MEETING

5.1

Governance Committee Minutes - November 20, 2023

Approved (H. Dhillon)

6.

PRESENTATIONS - Nil

7.

DEPUTATIONS

Any member of the public interested in making a deputation to an item listed on the agenda must register by calling 905-615-3200 ext. 4915 or by emailing by Friday, January 26, 2024 at 12:00 PM.

Each Deputation to Governance Committee is limited to speaking not more than 10 minutes.
 
Pursuant to Section 57.1 of the Council Procedure By-law 0044-2022, as amended:
Deputations shall be received and the matter shall be referred to staff for a report, unless there is a resolution or recommendation passed to “receive” the Deputation. After a Deputation is completed, Members shall each have one opportunity to make a preamble statement and ask questions to the Deputant(s) or staff for clarification purposes only, and without debate.

7.1

*Jonathan Giggs, Resident regarding Election Rebates

Jonathan Giggs, Resident spoke to the Election Campaign Contribution Rebate Program and expressed concerns with non-Mississauga residents receiving a rebate and concerns regarding the cost of the program. Councillor J. Horneck spoke to the program, as it relates to encouraging donations from candidate's friends and families that may live outside of the City. 

• RECOMMENDATION GOV-0001-2024
  Moved By Councillor M. Mahoney

  That the deputation and associated presentation from Jonathan Giggs, Resident regarding Election Rebates be received for information.

  Received

8.

PUBLIC QUESTION PERIOD - 15 Minute Limit

Public Questions: Members of the Public that have a question about an item listed on the agenda may pre-register by contacting the Legislative Coordinator at least 24 hours in advance of the meeting. Following the registered speakers, if time permits the Chair will acknowledge members of the public who wish to ask a question about an item listed on the agenda. Virtual participants must pre-register.

Pursuant to Section 58 of the Council Procedure By-law 0044-2022, as amended:

Governance Committee may grant permission to a member of the public to ask a question of Governance Committee, with the following provisions:

1. Questions may be submitted to the Clerk at least 24 hours prior to the meeting;
2. A person is limited to two (2) questions and must pertain specific item on the current agenda and the speaker will state which item the question is related to;
3. The total speaking time shall be five (5) minutes maximum, per speaker, unless extended by the Mayor or Chair; and
4. Any response not provided at the meeting will be provided in the format of a written response.

Jonathan Giggs, Resident spoke to item 11.1 and enquired if written responses to a public question period question could be included on a post agenda package for the public to view. Diana Rusnov, Director, Legislative Services and City Clerk advised that it could be done. Councillor M. Mahoney expressed concerns with not receiving questions within the 24 hour submission time, and not giving the Chair time to review the question in advance. Further, Councillor M. Mahoney requested that the Clerk read written public question period questions instead of the Chair.

Sue Shanly, MIRANET spoke to item 10.2 and expressed concerns regarding the number of candidates running for Mayor, and enquired if fees or signature requirements for running in the election could be increased. D. Rusnov, advised that those requirements are outlined in the Municipal Act. Councillor D. Damerla, advised that in order to change the requirements there would need to be advocacy at the Provincial level. S. Shanly further enquired about current Members of Council providing endorsements for other Members of Council that choose to run for Mayor. D. Rusnov advised that the report recommends that Councillors do not show support of candidates through newsletters or through the Acting Mayor role and noted that all candidates receive a copy of the code of conduct, the Use of City Resources during an Election Campaign Policy and Procedure, and the Sign By-law. D. Rusnov further advised that candidates sign a declaration of acknowledgement of these documents upon registration. 

9.

CONSENT AGENDA

Nil

10.

MATTERS TO BE CONSIDERED

10.1

Powers and Duties of the Acting Head of Council

Members of Council engaged in discussion regarding the role of the Acting Head of Council and who should be able to be Acting Head of Council during the by-election period.

• RECOMMENDATION GOV-0002-2024
  Moved By Councillor B. Butt

  That the report from the City Solicitor dated January 22, 2024 entitled “Powers and Duties of the Acting Head of Council” be received for information.

  Received

10.2

2024 Updates to the Use of City Resources during an Election Campaign Corporate Policy and Procedure, Acting Mayor By-law and Council Code of Conduct

Committee Members engaged in discussion and requested the following amendments to the proposed recommendation:

• No new Council-led initiatives that require new funding be initiated or approved until after the final day of voting, once a Mayoral seat is declared vacant.
• That if a Member of Council is a candidate or expressed interest in being a candidate for the by-election, that the Member of Council shall forfeit their turn as Acting Head of Council, once a Mayoral seat is declared vacant.
• That the Clerk will proactively ask Members of Council to submit a declaration stating that they do not intend to run for Mayor prior to an Acting Head of Council assignment.
• That it be clarified that Ward specific events are permitted for anyone who is not a candidate in the by-election.

Councillor C. Parrish advised that she would be running in the Mayoral by-election and she would resign on March 6, 2024.

Diana Rusnov, Director, Legislative Services and City Clerk and Shari Lichterman, City Manager and Chief Administrative Officer responded to questions. 

• RECOMMENDATION GOV-0003-2024
  Moved By Councillor B. Butt
  1. That changes to the Use of City Resources during an Election Campaign Corporate Policy and Procedure, policy number 02-04-01, be made as outlined in the corporate report dated December 20, 2023 from Diana Rusnov, Director, Legislative Services and City Clerk, to reflect:
     1. That Councillor’s newsletters, including e-newsletters, cannot be sent after a by-law declaring a by-election to fill a vacant seat on Council has been passed. Once the nomination period closes, those sitting members of Council who have not submitted their nomination to run in a by-election are permitted to send out Councillor’s newsletters and e-newsletters. Those Councillors who have submitted their nomination to run in a by-election are not permitted to send out Councillor newsletters or e-newsletters until after the final day of voting. City Resources, including Councillor newsletters and e-newsletters, cannot be used to endorse or campaign on behalf of a candidate running in a municipal, provincial or federal election/by-election.
     2. That the term “Ward-specific business” be added to the Use of City Resources during an Election Campaign Corporate Policy and Procedure and be defined as activities that advance ward specific business or address issues and include things such as town halls, public meetings etc. that are related to community matters. For context, Ward-specific business is not celebratory in nature and does not include such things as Ward barbeques, skating parties, meet and greets, celebrations, other social community events etc.  
     3. That Ward-specific business as defined in the Use of City Resources during an Election Campaign Corporate Policy and Procedure be permitted during a campaign period for a general election or by-election, but no campaigning be allowed at Ward-specific business.
     4. That “Ward-specific events” as defined in the Use of City Resources during an Election Campaign Corporate Policy and Procedure be restricted:
        1. For all members of Council beginning when the nomination period opens and ending the day nominations close (Nomination Day), and;
        2. For members of Council that submit their nomination to run in a by-election the restriction on Ward-specific events includes the period following nomination day until after the last day of voting.  
     5. That no new Official City Openings/Events be scheduled for the time between when a by-law requiring a by-election to fill a vacant seat on Council is passed until after the last day of voting. Only those Official City Openings/Events that were scheduled prior to the by-law requiring a by-election being passed will be permitted. No campaigning is allowed at Official City Openings/Events.
     6. That the definition of campaign period be amended to more clearly reflect the campaign period for a by-election by stating that “Election Campaign Period means for a municipal election or by-election the period that commences on the date a Candidate’s nomination paper is filed.The Election Campaign Period concludes on December 31 of the election year for a regular election and 45 days after voting in the case of a by-election, or otherwise in accordance with applicable legislation.”  
     7. When a Mayoral seat is declared vacant, no new Council-led initiatives that require new funding be initiated or approved until after the final day of voting. The exception to this is if staff identify the need for emergency funding and the City Manager has approved that the request for funding be made to Council. 
  2. That the Acting Head of Council By-law 0222-2022, be amended to:
     1. Add the provision that if a Member of Council is a candidate or expressed their intent to be a candidate in a municipal by-election or in a provincial or federal election or by-election, that Member of Council shall forfeit their turn as Acting Head of Council, effective when a Mayoral vacancy is declared until after the last day of voting, and on the day the writ is issued for a provincial or federal election or by-election until after the last day of voting.
     2. Members of Council need to submit a declaration to the Clerk stating that they do not intend to run in a municipal by-election or in a provincial or federal election or by-election prior to an Acting Head of Council assignment.
     3. If a sitting Member of Council forfeits their turn as Acting Head of Council, the schedule is to be adjusted accordingly and the other Members of Council will continue to be Acting Head of Council for the period of time established and in the rotation as set out in the Acting Head of Council by-law excluding the member of Council that is running.    
  3. That two provisions be added to the Mississauga Code of Conduct for Members of Council stating that when a seat on Council is declared vacant until after the last day of voting:
     1. Members of Council must inform the Clerk in writing that they are eligible to be the Acting Head of Council.
     2. Councillors serving as Acting Head of Council shall not endorse a candidate running in a municipal, provincial or federal election/by-election using their title as Acting Mayor.
  Approved

10.3

Roles of the Chair Document

No discussion took place regarding this item.

• RECOMMENDATION GOV-0004-2024
  Moved By Councillor M. Mahoney

  That the Roles of the Chair Document be approved, as presented on the January 29, 2024 Governance Committee agenda.

  Approved

10.4

Status of the Governance Committee Work Plan

No discussion took place regarding this item.

• RECOMMENDATION GOV-0005-2024
  Moved By Councillor J. Horneck

  That the status of the Governance Committee Work Plan items, updated for the January 29, 2024 Governance meeting, be approved.

  Approved

11.

MATTERS PERTAINING TO THE COUNCIL PROCEDURE BY-LAW

11.1

Possible Amendments to the Council Procedure By-Law for Notice of Motions at General Committee and Public Question Period

Committee Members engaged in discussion and spoke to the Council Procedure By-law 0044-2022, as amended and requested that further amendments be made to the By-law to reinforce the 24 hour deadline to submit questions for public question period, that deputations only be made once regarding a subject matter, and that Notices of Motion be removed from General Committee agendas. Diana Rusnov, Director, Legislative Services and City Clerk responded to questions.

• RECOMMENDATION GOV-0006-2024
  Moved By Councillor M. Mahoney

  That the following amendments be made to the Council Procedure By-law 0044-2022, as amended:

  1. That the 24 hours deadline to submit questions for Public Question Period be reinforced, with the exception of those who are submitting questions related to items on the additional agenda, or those who ask their question in person.
  2. That a deputation can only be made one time on a subject matter, and once the committee has heard it and they have made a decision, the matter is closed.
  3. That Resolution 0007-2023, be rescinded to allow Notices of Motion to be used only for Council agendas.
  Approved

12.

INFORMATION ITEMS - Nil

13.

OTHER BUSINESS

Nil

14.

DATE OF NEXT MEETING

March 25, 2024

15.

ADJOURNMENT

2:09 PM (Councillor M. Mahoney)