Whereas the Municipal Act, 2001 establishes that the role of Council and its Members is to set policy, represent constituents, and provide municipal oversight, while boards, agencies, and commissions exercise delegated or independent governance functions within defined mandates;
And Whereas Members of Council appointed to local boards, committees, and commissions serve as representatives of Council, to communicate municipal priorities and ensure accountability, not as directors or operational leaders of those entities;
And Whereas allowing a Member of Council to serve as Chair or Vice-Chair of a Board or Committee to which they are appointed by virtue of being elected to Council creates a potential conflict of governance roles, blurring accountability between Council and the independent authority of the Board;
And Whereas several Members of the current Council presently hold positions as Chairs or Vice-Chairs on Boards or Committees, which has created challenges for Council in adjusting appointments or portfolios during the term - as doing so risks disrupting the continuity and operational stability of those Boards;
And Whereas establishing a clear separation between representation and leadership roles promotes good governance, flexibility in Council appointments, and public confidence in transparent, independent decision-making;
And Whereas the Ontario Municipal Councillor's Guide (2022) and the Association of Municipalities of Ontario (AMO) Best Practices in Governance both emphasize that councillor appointees to boards act as liaisons and policy conduits - not as presiding officers or administrative leads;
Now Therefore Be It Resolved That:
Council directs staff, through the Office of the Clerk and the Director of Legislative Services, to prepare a by-law for consideration by the next term of Council which shall:
1. Prohibit any Member of Council from serving as Chair, Vice-Chair, or equivalent presiding officer of any Board, Committee, Agency, or Commission to which they are appointed as a result of being elected to Council;
2. Clarify that Council appointees act strictly as representatives of Council, serving as liaisons and accountability links - not as operational leaders or governance heads of those Boards;
3. Require that all Boards, Committees, and Commissions select their Chairs and Vice Chairs from among their membership, but not automatically from Council appointees;
4. Provide that the by-law take effect at the commencement of the next term of Council (following the 2026 municipal election);
5. Direct staff to review all existing Terms of Reference, Board appointment by-laws, and governance frameworks to identify amendments needed to bring them into compliance with the proposed policy;
6. Include a policy statement appended to the by-law articulating its purpose - namely:
- To reinforce the representative and liaison role of Council Members on external Boards;
- To prevent real or perceived conflicts of governance interest;
- To preserve the autonomy and independence of Boards;
- To maintain continuity and stability in Board leadership structures; and
- To enhance Council's flexibility in managing appointments without operational disruption.
Further Be It Resolved That:
The Clerk circulate this motion to all existing Boards, Committees, and Commissions of the Town of Cobourg for comment, and that staff include a summary of feedback in the report accompanying the draft by-law.
Terms of Reference for Staff:
To guide the preparation of the draft by-law and accompanying report, staff shall consider the following principles and scope of review:
1. Governance Review:
Conduct a review of all current Council appointments to Boards, Committees, and Commissions to determine where Members of Council currently hold Chair, Vice-Chair, or similar leadership positions.
2. Continuity and Flexibility:
Evaluate how current appointment structures limit Council's ability to make mid-term adjustments, reassignments, or strategic rebalancing of portfolios without jeopardizing operational continuity or institutional memory.
3. Best Practices:
Examine comparator municipalities - including Kingston, Burlington, St. Thomas, and Ottawa - to identify best practices where councillors serve strictly as representatives rather than presiding officers.
4. Conflict and Role Clarity:
Consult municipal legal counsel to confirm how this prohibition strengthens role clarity and reduces risk of conflict of interest or perceived undue influence under the Municipal Conflict of Interest Act.
5. Implementation and Transition:
Propose transition provisions for existing appointments that preserve continuity until the next term while ensuring a smooth transition to the new governance structure.
6. Reporting Requirements:
Present a staff report to Council before the end of the current term (Q3 2026) that includes:
- The full text of the proposed by-law;
- A redline or table summarizing required amendments to each affected Board or Committee's Terms of Reference;
- Consultation feedback from affected Boards;
- A governance rationale and legal commentary supporting the change.
7. Communications and Training:
Recommend a communication and orientation process for the incoming Council and affected Boards to ensure consistent understanding of the new governance structure beginning in the 2026--2030 term.
Background Rationale (for Staff Report Inclusion):
- The by-law ensures clarity of governance roles between elected officials and appointed boards, reducing political influence over independent or quasi-independent bodies.
- It protects operational continuity by removing the dependency of board leadership on the fluctuating composition of Council.
- It strengthens public trust by showing that Council recognizes the importance of clear accountability lines and the avoidance of perceived conflicts of interest.