City Council Is Derelict In Its Duty: BENN
Delegated authority. The exact opposite of oversight. Brought to you by city council.
During the last month or two city councillors have found themselves asking questions of staff, only to be told that the decisions have already been made. Already been made because council delegated the authority to staff to make those decisions.
Recently, Capital Councillor Shawn Menard asked, in an embarrassing tone, if the rumour that he had heard that there were members of the planning staff who were being funded by the proponents of Tewin. Staff told him that yes this was the case. No follow-up questions from Menard.
Perhaps he was caught off guard. Merivale-Knoxdale Councillor Sean Devine had the good sense to ask staff if he had heard that correctly. Staff advised him that indeed, he had heard that correctly. It was later disclosed that the authority to sign a memorandum of understanding regarding the planning of Tewin was delegated by council as part of the Official Plan. Buried somewhere in an appendix.
That was a decision involving the fully loaded funding of five members of the planning staff, for an indefinite period, but estimated to be about four to five years. In short, a decision measured in the millions of dollars not brought before council. A decision that puts the planning department in an obvious-to-everyone-but-city-management blatant conflict of interest. In fairness to Devine, he was not a member of council when the Official Plan was approved. But Menard was.
Barrhaven East Councillor David Hill recently attempted to have a discussion at council regarding the decision to use sprung structures to house people seeking asylum. Alta Vista Councillor Marty Carr pointed out that back in November 2023 council had voted unanimously to delegate the authority to purchase and install sprung structures. That was a decision that is measured just a nudge over $100 million.
So here we are today. Councillors are asking staff why staff has made decisions and staff are replying that councillors delegated the authority to make those decisions. Do these councillors have short memories? Perhaps. Is there an apparent failure to comprehend the full consequences of what they have approved.? Likely.
Let’s cut to the chase here. While council can delegate authority, the responsibility for the decisions made by staff remain with council. That’s not to say council should never delegate authority. No, just limit it to irrelevant decisions. Decisions like the type of paper to purchase for the copiers and printers.
Delegating authority over material decisions should never happen. And never is a very long word. It goes on forever.
These are decisions that affect the direct funding of staff by a party that has a project in front of that department. Decisions that put the city in a blatant conflict of interest. Decisions involving millions of dollars of operating and capital budget transactions.
Why?
Because to delegate authority to staff to make those kinds of decisions is a dereliction of duty because city council has a statutory duty of oversight of city management.
What part of that is it that councillors don’t get? Aside from all of it?
Ron Benn, a finance executive, has been a member of the Centrepointe Community Association for the better part of three decades.
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– The Bulldog – News Feed Enter 
Perhaps Ottawa City Council could learn to read the fine print before anointing staff with more authority than Council has? Just a suggestion.
Delegation is a very serious action. I had it in my previous federal job and it took serious training to be qualified. It needs regulation and clear published limits, as well as training on legal issues. As well, delegation does not mean to go away and work independently of Council, rather it should inform council along the way and the final signature is the delegated person’s.
In the federal government delegation above $50,000 is rare. (They are easily found in departments websites
as “delegation of authority” )
The question I have is why is council delegating large purchases and projects and why is council not informed?
This does not appear to be a “fine print” issue to me. What does appear to me is the staff reporting to council and decision processes. And what we are seeing are the consequences of Council’s expectations at work. In high performance cities staff go beyond tabling a 3-4 inch documents and getting approval with minimum interaction. Because Council’s there want to be fully informed. They want briefings on the Big Picture that includes details on Big Ticket items and Major Policy issues contained within that brick. Yes, it may be hard work describing and explaining situations and effects – but that’s what the jobs should entail and what the Big Bucks are for. A competent, high performing staff and Council deliver what is called “governance.” Which is not what we are seeing. Now, it’s not time to find fault here as all the players have had their fingers in this horrid pie. But it is time to take a good, long and hard look at City Hall’s structure and processes. Because what’s there now is not managing the business.
Why Delegate to such an extent may be the crux of the question and my answer is twofold. Laziness on the part of management (council and Mayor) and or ineptitude. Once a long time ago a businessman from Ottawa, wished to invest and promote a project, which needed council approval, not funding just approval! he was faced with negativity and eventually found a possible way out. he hired others to examine the particular background or all 10? members of council. Many were found to have NO credibility in work background in fact two were known to have NEVER been gainfully employed at the age of 30 yet were elected to represent their peers. “Just saying”
My understanding is that Bill 109 delegated site plan control to staff. We now have Tewin owners’ paid planners on staff. Will Tewin owners’ funded staff be approving Tewin designs? Just asking.
And thus, John, the obvious to everyone outside the ivory tower on Laurier Avenue conflict of interest.
John You must know the answer to the fox guarding the hen house. Clearly there can be but one reply as to why Tewin needed their people “on staff”
Right, Bruce:
It is the job of the planning department to police planning. By putting people on staff from the very people planning is supposed to be policing, they create a flagrant conflict of interest.
Someone should tell planning that they work for the residents of Ottawa, not the development community … except when they are being paid by them.
To have someone on staff explaining out loud that this is not a conflict of interest speaks loudly to the city’s inability to hire good people.
How would you like to have to justify this conflict of interest to the people of Ottawa who listened to that little speech? Would you work at such a place.
If you have ethics, you don’t want to be forced to make that speech.
People with ethics would resign rather than make that speech.
And that, one hopes, explains it all in a nutshell.
If planning has shame, it should be feeling it now. If they aren’t, that says volumes.
cheers
kgray