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