Joint Cemetery Board
TERMS OF REFERENCE
(Revised – December 14, 2010)
NAME: Joint Cemetery Board
Provide advice and input on City of Kawartha Lakes cemetery services and support related local community initiatives such as annual Decoration Days. Promote the sale of cemetery lots; and guidance on the provision of cemetery maintenance (includes foundations, setting of markers, staking, grass cutting, and general upkeep).
To work towards being a self-sustaining operation. The Committee will abide by any terms and conditions which may be set out by the City’s Council, CAO, Clerk, Solicitor, Auditor and/or Insurer for any activities relating to Committee business.
ROLES AND RESPONSIBILITIES:
- Ensure Compliance with the Cemeteries Act, Revised, R.S.O. 1990, c.C.4 and any successor legislation.
- Compliance with the Municipal Act including the Accountability and Transparency Section
- Advisory Body to provide recommendations to Council through the related municipal operating department.
- No direct representations of the City to Provincial or Federal Governments
- Follow the by-laws and polices established by Council
ACTIVITIES: The following are the activities and responsibilities of the Committee:
(a) To make recommendations to Council on various issues related to the Board/Committee mandate.
(b) To advise and make recommendations to Council on strategy, policies and procedures to achieve Council’s goals relating to the Board/Committee’s
(c) To develop and recommend to Council the promotion of public education programs on local related issues and related to the Board/Committee’s mandate.
(d) To review other governmental reports/programs and advise/make recommendations to Council of any impacts of those reports for the City and any action that should be considered by Council.
(e) Promote Decoration Day Services to the community
(f) To make recommendations for any improvements necessary to enhance municipal cemeteries.
The Committee shall be comprised of a maximum of ten (10) members, consisting of not more than seven (7) volunteer members of the public, and three (3) Council representative(s). Council will appoint committee members in accordance with the established policy. The Councillors appointed by the Council will be ex-officio on the Committee. The Committee shall appoint such executive positions as it deems necessary to ensure its’ operations but shall include as a minimum, a Chair and, Vice-Chair. It is acknowledged that there are no per diems for any Committee positions and it is acknowledged that none of the above positions shall be paid for their services.
TERM OF APPOINTMENT:
Unless exempted by legislation, members will be appointed to varying terms to a maximum of a three year term. An equal number of appointees will be for a one year term and two year term with the balance appointed to a three year term for the first appointees. Successive appointments will be for a three year term to ensure knowledge succession and that there be no complete turnover of membership in any given year.
The Community Service and Public Works departments will provide support in the form of advice, day-to-day liaison with the City, updates on program and promotional ideas and initial assistance in their implementation to the degree resources are available. The Departments will prepare and submit budget requests/grant submissions, as needed.
Staff from Community Services, namely the Service Administrator – Cemeteries will be available to support the Committee as outlined under “Resources” and to attend meetings of the Committee, acting as secretary.
TIMING OF MEETINGS:
Meetings will be held on a set day and time as may be determined by the Committee/Board or at the call of the Chair.
Any responsibilities not clearly identified within these Terms of Reference shall be the responsibility of the City of Kawartha Lakes. Council may, at its discretion, change the Terms of Reference for this Committee/Board at any time. Any changes proposed to these Terms of Reference by the Committee/Board shall be recommended to Council via the Director through a report to the appropriate Committee of Council.
APPOINTMENT OF OFFICERS:
The Joint Cemetery Board shall, at its first meeting in each year, elect from its membership a chairperson and a vice-chairperson.
The Committee shall hold a minimum of two (2) meetings in each calendar year. The Chair shall cause notice of the meetings, including the agenda for the meetings, to be provided to members of the Committee a minimum of three (3) business days prior to the date of each meeting. Quorum for meetings shall consist of a majority of the members of the Committee.
Procedures for the meetings of the Committee shall be governed by Procedural By-law and Legislation or, where both of these are silent, by Robert’s Rules of Order.
The Committee may, upon affirmative vote of the majority of its members present at a meeting, determine to hold any meeting or part of a meeting as a closed session in order to discuss sensitive personal issues or legal matters. If the Committee elects to hold a closed session, all persons not entitled to vote (with the exception of the staff liaison and visiting members of Council, if any, and all persons excepted by the members) shall vacate the premises where the meeting is taking place. Closed meetings can only be held in accordance with Section 239 of the Municipal Act. Prior to the commencement of closed session, a resolution shall be passed stating the general nature of the matter to be discussed and what section of the Municipal Act applies.
AGENDAS AND MINUTES:
A copy of the Agenda shall be provided to the Clerk’s office at the same time it is provided to Committee Members.
Minutes of all meetings of the Committee/Board shall be forwarded to the Community Services and Public Works Departments and to the Clerk’s Office not later than two weeks after the meeting. Action items requested of staff and/or Council will be brought to the attention of the Community Services and Public Works Departments at that time. The Clerk’s Office will electronically circulate the minutes to all members of Council for their information. The Clerk’s Office will maintain a set of printed minutes on file for public review.
All recommendations of the Joint Cemetery Board are to be forwarded to Council in a formal written report on the City report template. It will be the responsibility of the Committee to identify those recommendations as appropriate to the Community Services and Public Works Departments for final preparation of the report.
CONFLICTS OF INTEREST:
Members shall abide by the rules outlined within the Municipal Conflict of Interest Act and shall disclose the pecuniary interest to the Secretary and absent himself or herself from meetings for the duration of the discussion and voting (if any) with respect to that matter.
The accidental omission to give notice of any meeting of the Committee to its members, or the non-receipt of any notice by any member, or any error in any notice that does not affect its substance, does not invalidate any resolution passed or any proceedings taken at the meeting. Any member of the Committee may at any time waive notice of any meeting.
Any member of the Committee, who misses three consecutive meetings, without being excused by the Committee, may be removed from the Committee. The Committee must make recommendations, by a report to Council for the removal of any member in accordance with the adopted policy.
LOCATION OF MEETINGS:
The location of the meetings will be set by the Committee.
This Committee has no purchasing or procurement responsibilities.
The Committee will not be responsible for a budget.
Unless approved by Council, as part of the Terms of Reference or establishing by-law, all committee members are considered volunteer positions. Mileage costs and other minor expenses related to committee activities may be eligible for reimbursement subject to budget approvals by Council.
As the Joint Cemetery Board is Committee of Council coverage is extended under the City’s general liability insurance and Errors and Omissions policy in accordance with By-law 2003-147.
At the discretion of Council, or upon the mandate of the Board/Committee being fulfilled, the Committee may be dissolved by resolution of Council.
EXPULSION OF MEMBER:
The Committee may recommend to Council the expulsion of a member or Council may remove a member for reasons as listed, but not limited to, the member being in contravention of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act, the Provincial Offences Act, the Municipal Conflict of Interest Act; disrupting the work of the Board/Committee or other legal issues. The process for expulsion of a member is outlined with Policy Number 028 CAO 002.