Legislative Assembly Management Committee Annual Report 2012-2013

The Legislative Assembly of British Columbia

Legislative Assembly Management Committee

APPENDICES

40th Parliament

December 12, 2013

Appendix A: Committee Decisions by Subject, 2012-2013

Annual Report 2009-2011

Assembly Audit

Clerk Consultant

Disclosure of Members’ Expenses

Estimates – Vote 1

Finance and Audit Committee

LAMC Governance

LAMC Powers

MLA Travel Card

Appendix B: Minutes of Proceedings, 2012-2013

Appendix C: Legislative Assembly Management Committee Act (RSBC 1996, c. 258)

Appendix A: Committee Decisions by Subject, 2012-2013

Annual Report 2009-2011

The Committee resolved to adopt the LAMC Annual Report 2009-2011, as amended. (Decision October 17, 2012)

Assembly Audit

The Committee agreed to accept all audit recommendations from Special Audit Report to the Speaker: Financial Framework Supporting the Legislative Assembly, April 2007 and Audit of the Legislative Assembly’s Financial Records, July 2012. (Decision July 31, 2012)

Clerk Consultant

The Committee resolved that the Speaker, on behalf of the Legislature and the people of British Columbia, send a letter thanking the Clerk Consultant for his generous gift. (Decision October 17, 2012)

Disclosure of Members’ Expenses

The Committee agreed that: Members’ expense forms would be published on the Legislative Assembly website on a quarterly basis; and further agreed that this process would commence with the disclosure and publication of Members’ expenses for the first two quarters of FY 2012-13 (April-June 2012 and July-September 2012) as soon as possible, with a target of having both quarters available on the Legislative Assembly website by October 2012. (Decision July 31, 2012)

The Committee resolved to publicly release Members’ travel expenses, in the aggregate and individual formats presented today, by October 31, 2012. (Decision October 17, 2012)

The Committee resolved that the Legislative Assembly work towards coordinating a compilation of disclosures of Ministers’ expenses and Members’ expenses. (Decision January 28, 2013)

The Committee agreed that Parliamentary Committee travel expenses be reported on in future disclosures of Members’ expenses. (Decision January 28, 2013)

The Committee approved the proposed model for expanded disclosure of Members’ compensation, travel and constituency expenses in the 40th Parliament. (Decision January 28, 2013)

Estimates – Vote 1

The Committee resolved to approve estimates of expenditure for the Legislative Assembly for Vote 1 as presented and further, that the Speaker transmit the estimates of expenditure for the Legislative Assembly for Vote 1 to the Minister of Finance on behalf of the Committee. (Decision January 28, 2013)

Finance and Audit Committee

The Committee resolved that a Finance and Audit Committee, comprised of the Speaker, the Caucus Chairs and the Clerk, be established to examine and make recommendations to LAMC on financial management and audit related matters. (Decision October 17, 2012)

LAMC Governance

The Committee resolved that the Legislative Assembly Management Committee shall initiate new practices, including: regular quarterly meetings and other meetings as required at the call of the Chair; and, publishing transcripts and minutes on the Legislative Assembly website, similar in a manner to other parliamentary committees; further it was resolved that the Clerk develop guidelines to determine practices regarding in-camera deliberations. (Decision July 31, 2012)

The Committee resolved that draft minutes of in-camera deliberations be prepared to record in-camera decisions made by way of formal motion; and further, that pursuant to the usual practice, the Committee shall approve draft in-camera minutes at the subsequent meeting, and once approved, the minutes shall be publicly available on the Assembly website. (Decision August 28, 2012)

The Committee resolved that pursuant to the statutory provision of section 5(8) of the Legislative Assembly Management Committee Act which requires that minutes must be ‘promptly’ prepared for release, the Committee shall undertake to have draft minutes approved at minimum at their quarterly meetings, and may also adopt the practice of releasing draft interim minutes to permit an earlier release of information. (Decision August 28, 2012)

The Committee resolved that the draft Legislative Assembly Management Committee Governance Document be revised to state that the Committee shall hold quarterly meetings and that additional meetings may be held at the call of the Chair, as required. (Decision August 28, 2012)

The Committee agreed that the minutes of public meetings of LAMC would not require a formal adoption process. (Decision October 17, 2012)

The Committee agreed that the minutes of the Finance and Audit Committee be included for consideration and approval on future LAMC agendas; it was further agreed that all other public business should precede any in-camera items on the agenda in order to facilitate any public business. (Decision January 28, 2013)

LAMC Powers

The Committee resolved to formally delegate to the Clerk full responsibility for the appointment, management and dismissal of all employees within the Legislative Assembly other than: permanent officers and those staff employed in the Office of the Speaker, in a Caucus or by an Independent Member. (Decision July 31, 2012)

MLA Travel Card

The Committee resolved that the current MLA Travel Card be replaced with a personal liability card and, further, that the A/Executive Financial Officer review options for alternative programs featuring a personal liability card for implementation and use in the 40th Parliament. (Decision January 28, 2013)

Appendix B: Minutes of Proceedings, 2012-2013	Top
(in reverse chronological order)


	Monday, January 28, 2013 2 p.m., Douglas Fir Committee Room, Parliament Buildings, Victoria Present: Hon. Bill Barisoff, MLA (Speaker and Chair); Hon. Michael de Jong, MLA; Eric Foster, MLA; Gordon Hogg, MLA; John Horgan, MLA; Shane Simpson, MLA Officials Present: Craig James, Clerk of the House; Kate Ryan-Lloyd, Deputy Clerk and Clerk of Committees; Bob Faulkner, A/Executive Financial Officer The Chair called the meeting to order at 2:11 p.m. Resolved, that the Committee adopt the agenda as circulated. (Gordon Hogg, MLA) Resolved, that the Committee adopt the minutes of October 17, 2012. (John Horgan, MLA) The Clerk of the House provided the Committee with a progress update on the administrative, financial and technological work underway. The Committee discussed options for further disclosure of Members’ expenses. Resolved, that the Assembly work towards coordinating a compilation of disclosures of Ministers’ expenses and Members’ expenses. (John Horgan, MLA) The Committee agreed that Parliamentary Committee travel expenses be further reported upon in future disclosures of Members’ expenses. Resolved, that the Committee approve the proposed model for expanded disclosure of Members’ compensation, travel and constituency expenses in the 40th Parliament. (John Horgan, MLA) The Committee considered the proposal to replace the existing MLA Travel Card program (corporate liability card). Resolved, that the current MLA Travel Card be replaced with a personal liability card and, further, that the A/Executive Financial Officer review options for alternative programs featuring a personal liability card for implementation and use in the 40th Parliament. (John Horgan, MLA) The A/Executive Financial Officer presented the Committee with the Vote 1 Financial Report for the second and third quarters of the 2012/13 fiscal year (July 1 – December 31, 2012). The Clerk of the House provided the Committee with the “Renewal of an Icon” document regarding the need to work towards the rehabilitation and revitalization of the Parliament Buildings and adjacent Assembly buildings. The Clerk of the House provided the Committee with a progress update on the development of a Legislative Assembly business continuity plan. The Committee agreed that the minutes of the Finance and Audit Committee be included for consideration and approval on future LAMC agendas; it was further agreed that all other public business should precede any in-camera items on the agenda in order to facilitate any public business. Resolved, that the Committee meet in-camera to consider and review the estimates of expenditure for the Legislative Assembly for Vote 1. (Shane Simpson, MLA) The Committee met in-camera from 3:13 p.m. to 3:39 p.m. The Committee resumed in public session at 3:49 p.m. Resolved, that the Committee approve estimates of expenditure for the Legislative Assembly for Vote 1 as presented and further, that the Speaker transmit the estimates of expenditure for the Legislative Assembly for Vote 1 to the Minister of Finance on behalf of the Committee. (Gordon Hogg, MLA) The Committee adjourned to the call of the Chair at 3:49 p.m.

	Hon. B. Barisoff, MLA Speaker and Chair	Craig James Clerk of the House


	Wednesday, October 17, 2012 10 a.m., Douglas Fir Committee Room, Parliament Buildings, Victoria Present: Hon. Bill Barisoff, MLA (Speaker and Chair); Hon. Michael de Jong, MLA; Gordon Hogg, MLA; John Horgan, MLA; Shane Simpson, MLA Substitute Member: Joan McIntyre, MLA, for Eric Foster, MLA Officials Present: Craig James, Clerk of the House; Kate Ryan-Lloyd, Deputy Clerk and Clerk of Committees; Bob Faulkner, A/Executive Financial Officer The Chair called the Committee to order at 10:04 a.m. The Committee agreed to add the following item to the agenda: Correspondence from the Clerk Consultant. Following a presentation by the Government House Leader, the Committee discussed options for the public disclosure of MLA expenses. Resolved, that the Committee publicly release Members travel expenses in the aggregate and individual formats presented today by October 31, 2012. (Gordon Hogg, MLA) The Committee agreed to prepare a revised proposal regarding disclosure of constituency office expenses and seek the input and advice of the Information and Privacy Commissioner in order to expedite progress on this matter. The Committee agreed to ensure that all Members have an opportunity to review the proposed constituency office disclosure report planned for public release in early 2013. The Clerk of the House provided the Committee with a progress update on the extensive administrative and financial work underway. The Committee reviewed and considered the revised draft Legislative Assembly Management Committee Governance Report. It was agreed that the minutes of public meetings of the Committee would not require a formal adoption process. The A/Executive Financial Officer presented the Committee with the Vote 1 Financial Report for the first quarter of the 2012/13 fiscal year (April 1- June 30, 2012). The Committee reviewed and considered the revised draft Legislative Assembly Management Committee Annual Report 2009-2011. Resolved, that the Committee adopt the Annual Report 2009-2011, as amended. (Gordon Hogg, MLA) Resolved, that a Finance and Audit Committee, comprised of the Speaker, the Caucus Chairs and the Clerk, be established to examine and make recommendations to the Legislative Assembly Management Committee on financial management and audit related matters. (John Horgan, MLA) The Speaker read a letter from E. George MacMinn, O.B.C., Q.C., Clerk Consultant, dated October 3, 2012 regarding his intended donation to the Legislative Library of all net remuneration received during his two-year appointment. Resolved, that the committee meet in-camera to discuss personnel matters. (Gordon Hogg, MLA) The Committee met in-camera from 11:47 a.m. to 12:10 p.m. The Committee resumed in public session at 12:10 p.m. Resolved, that the Speaker, on behalf of the Legislature and the people of British Columbia, send a letter thanking the Clerk Consultant for his generous gift. (Hon. Michael de Jong, MLA) The Committee adjourned to the call of the Chair at 12:11 pm.

	Hon. B. Barisoff, MLA Speaker and Chair	Craig James Clerk of the House


	Tuesday, August 28, 2012 10 a.m., Douglas Fir Committee Room, Parliament Buildings, Victoria Present: Hon. Bill Barisoff, MLA (Chair); Hon. Rich Coleman, MLA; Gordon Hogg, MLA; John Horgan, MLA; Shane Simpson, MLA; Ben Stewart, MLA Officials Present: Craig James, Clerk of the House; Kate Ryan-Lloyd, Deputy Clerk and Clerk of Committees; Bob Faulkner, A/Executive Financial Officer The Chair called the Committee to order at 10:07 a.m. Resolved, that the Committee adopt its draft agenda, as amended. (Ben Stewart, MLA) Resolved, that the Committee approve the minutes of the meeting held July 31, 2012. (Shane Simpson, MLA) The Committee reviewed the draft Legislative Assembly Management Committee Governance Document and suggested amendments and revisions. Resolved, that draft minutes of the Committee’s in-camera deliberations be prepared to record in-camera decisions made by way of formal motion; and further, that pursuant to the usual practice, the Committee shall approve draft in-camera minutes at the subsequent meeting, and once approved, the minutes shall be publicly available on the Assembly website. (Gordon Hogg, MLA) Resolved, that pursuant to the statutory provision of section 5(8) of the Legislative Assembly Management Committee Act which requires that minutes must be ‘promptly’ prepared for release, the Committee shall undertake to have draft minutes approved at minimum at their quarterly meetings, and may also adopt the practice of releasing draft interim minutes to permit an earlier release of information. (Gordon Hogg, MLA) Resolved, that the draft Legislative Assembly Management Committee Governance Document be revised to state that the Committee shall hold quarterly meetings and that additional meetings may be held at the call of the Chair, as required. (Shane Simpson, MLA) The Committee requested that the Office of the Clerk prepare an overview of statutory provisions to the Legislative Assembly Management Committee Act, and other related legislation, with respect to matters raised during the Committee’s review of the draft governance document. The Committee reviewed and discussed the document titled Summary of Audit of the Legislative Assembly Financial Records: July 2012, Prepared for the Legislative Assembly Management Committee, August 2012. The Committee reviewed the draft Legislative Assembly Management Committee Annual Report 2009-2011 and agreed to defer approval of the report to permit Members additional time to review the document. The Committee reviewed the disclosure and categorization of Members’ expenses, including travel and constituency office expenses. The Committee considered the status of constituency office staff at dissolution and requested that the Office of the Clerk obtain a legal opinion on the matter The Committee discussed the role and function of the Clerk Consultant position and agreed to request further information from the Office of the Clerk on position responsibilities and compensation. Resolved, that the Committee meet in-camera to discuss personnel and negotiation matters. (Gordon Hogg, MLA) The Committee met in-camera from 11:57 a.m. to 12:18 p.m. The Committee resumed in public session at 12:18 p.m. and agreed to plan a meeting during the week of September 24, 2012. The Committee adjourned to the call of the Chair at 12:20 p.m.

	Hon. B. Barisoff, MLA Speaker and Chair	Craig James Clerk of the House


	Tuesday, July 31, 2012 1:30 p.m., Birch Committee Room, Parliament Buildings, Victoria Present: Hon. Bill Barisoff, MLA (Chair); Hon. Rich Coleman, MLA; Gordon Hogg, MLA; John Horgan, MLA; Shane Simpson, MLA; Ben Stewart, MLA Officials Present: Craig James, Clerk of the House; Kate Ryan-Lloyd, Deputy Clerk and Clerk of Committees The Speaker, as Chair, called the Legislative Assembly Management Committee to order at 1:40 p.m. The Committee discussed its role, practices and meeting schedule. Resolved, that the Legislative Assembly Management Committee shall initiate new practices, including: regular quarterly meetings and other meetings as required at the call of the Chair; and, publishing transcripts and minutes on the Legislative Assembly website, similar in a manner to other parliamentary committees; further it was resolved that the Clerk develop guidelines to determine practices regarding in-camera deliberations. (Moved by Gordon Hogg, MLA; seconded by Shane Simpson, MLA) The Committee agreed that: Members’ expense forms would be published on the Legislative Assembly website on a quarterly basis; and further agreed that this process would commence with the disclosure and publication of Members’ expenses for the first two quarters of FY 2012-13 (April-June 2012 and July-September 2012) as soon as possible, with a target of having both quarters available on the Legislative Assembly website by October 2012. The Committee agreed that the Auditor General, John Doyle, be invited to appear before the Committee at the next meeting with respect to his report Audit of the Legislative Assembly’s Financial Records, July 2012. The Committee agreed to seek further advice from the Auditor General, John Doyle, and the Information and Privacy Commissioner, Elizabeth Denham, regarding disclosure of constituency expenses, including staff salaries. The Committee agreed to accept all audit recommendations from Special Audit Report to the Speaker: Financial Framework Supporting the Legislative Assembly, April 2007 and Audit of the Legislative Assembly’s Financial Records, July 2012. Resolved, that the Committee formally delegate to the Clerk full responsibility for the appointment, management and dismissal of all employees within the Legislative Assembly other than: permanent officers and those staff employed in the Office of the Speaker, in a Caucus or by an Independent Member. (Moved by Gordon Hogg, MLA; seconded by Shane Simpson, MLA) The Committee adjourned to the call of the Chair at 5:30 p.m.

	Hon. B. Barisoff, MLA Speaker and Chair	Craig James Clerk of the House

Appendix C: Legislative Assembly Management Committee Act (RSBC 1996, c. 258)

Contents
	1	Definitions
	2	Continuation of the committee
	3	Powers and duties of the committee
	4	Powers and duties of the Speaker
	5	Proceedings and business
	6	Dissolution of Legislative Assembly
	6.1	Appropriation
	7	Conflicts
	8	Power to make regulations
Schedule

Definitions

1
In this Act:

"additional party" means a political party with 4 or more members in the Legislative Assembly but does not include the government party or official opposition party;

"chair of the Government Caucus" means the member of the Legislative Assembly designated as such by the government party;

"chair of the Official Opposition Caucus" means the member of the Legislative Assembly designated as such by the official opposition party;

"committee" means the Legislative Assembly Management Committee continued by section 2;

"Confederation Garden Park" means the park described in the Schedule;

"Government House Leader" means the member of the Executive Council named as such by the Premier;

"legislative grounds" means the area bounded by Belleville, Menzies, Superior and Government Streets in the City of Victoria, British Columbia;

"Legislative Precinct" means

(a) the Parliament Buildings,

(a.1) the legislative grounds and Confederation Garden Park,

(b) other buildings in Victoria or parts of them that are from time to time occupied and used by members of the Legislative Assembly for the purpose of their parliamentary duties including any premises from time to time occupied by officers and staff of the Legislative Assembly, and

(c) other land or buildings or both, other than constituency offices, designated by minute of the committee;

"Opposition House Leader" means the member of the Legislative Assembly named as such by the Leader of the Official Opposition;

"Speaker" means, subject to section 6, the person holding office as such under section 37 of the Constitution Act.

Continuation of the committee

2

The Legislative Assembly Management Committee is continued consisting of the following members of the Legislative Assembly:

the Speaker;

the minister;

the Government House Leader;

the chair of the Government Caucus;

the Opposition House Leader;

the chair of the Official Opposition Caucus;

one member appointed from each additional party by the members of that party;

for each member appointed under paragraph (g) one additional government member from the Government Caucus appointed by the Government House Leader.

The members of the committee referred to in subsection (1) (g) and (h) must be appointed within 45 days from the general voting day for the general election that preceded the Parliament.

The first meeting of the committee must be held within 14 days of the appointment of the members referred to in subsection (1) (g) and (h).

A member of the committee referred to in subsection (1) (b) to (h) may appoint a designate to take the member's place at a meeting of the committee.

The Speaker is the chair of the committee and in the Speaker's absence the Deputy Speaker may act as chair and, with respect to the business of the committee, exercise the powers of the Speaker.

A quorum of the committee is 5 members of the committee consisting of

the Speaker, or in the Speaker's absence, the Deputy Speaker,

3 of the persons referred to in subsection (1) (b), (c), (d) or (h), and

one of the persons referred to in subsection (1) (e), (f) or (g).

Each member of the committee other than the chair has a vote, and if the votes are equal the chair has a deciding vote.

The members of the committee or their designates must attend all meetings of the committee as and when called by the chair, unless prevented from doing so by illness or for other unavoidable reason.

Powers and duties of the committee

3

The committee has jurisdiction to deal with all matters affecting

subject to any other enactment and any rules of conduct established by the Legislative Assembly, policies for the administration of the Legislative Assembly and for the conduct of the members of the Legislative Assembly,

the provision of facilities and services, including allocation within the Legislative Precinct, that are required for the effective functioning of the Legislative Assembly,

the appointment, supervision and management of staff of the Legislative Assembly, other than permanent officers of the Legislative Assembly,

review of estimates of expenditure for the Legislative Assembly for Vote 1 including the preparation of forecasts and analyses of expenditures and commitments of the Legislative Assembly,

d.1 payments of Capital City allowance to members of the Legislative Assembly,

d.2 [Repealed 2007-23-16.]

d.3 the voluntary group registered retirement savings plan that was established by the committee for members of the Legislative Assembly,

payments to members of the Legislative Assembly to defray expenses in the performance of their duties, including

expenses for residence in the Capital Regional District during the legislative session and for any additional periods specified by the committee,

protocol expenses,

travel and associated expenses of the members and persons accompanying the members, and

expenses for service on legislative committees when the Legislative Assembly is not sitting,

payments or services to members for constituency offices, including payments or services for staffing, maintaining the offices, communication expenses and travel expenses,

f.1 a severance allowance for persons when they cease to be members of the Legislative Assembly, and for this purpose may establish a severance plan that sets out the circumstances in which such persons will be eligible for the allowance, the amounts of the allowance payments, and any other matter related to severance,

f.2 when and how

payments referred to in paragraphs (d.1), (e), (f) and (f.1) are required to be provided by the government, and

amounts required to be contributed by the government under the terms of the plan described in paragraph (d.3) are to be paid, and

other matters necessary for the efficient and effective operation and management of the Legislative Assembly.

1.1 [Repealed 2007-23-16.]

1.2 Despite the Income Tax Act, a Capital City allowance payable to a member under subsection (1) (d.1) is deemed not to be wages within the meaning of that Act, and not to form part of the income of that member for any purpose of that Act.

Subsection (1) (b) does not empower the committee to allocate space or provide services within the Legislative Precinct that are necessary for

ministerial offices,

ministerial administration and support staff, or

the functioning of the Executive Council.

Powers and duties of the Speaker

4

Subject to any direction of the committee, the Speaker is responsible for the day to day administration of the Legislative Assembly.

1.1 In accordance with the regulations, the Speaker is responsible for the

provision of security within the Legislative Precinct, and

management of the use and enjoyment of the Legislative Precinct by the public and by other persons.

The committee may delegate any of its powers to the Speaker.

Proceedings and business

5

The committee may determine its own procedures.

The committee speaks by minute duly adopted by the committee.

The committee may authorize payment of reasonable and actual expenses incurred by its members

for attendance at meetings of the committee while the Legislative Assembly is adjourned or prorogued, or

while engaged in the work of the committee while the Legislative Assembly is adjourned or prorogued.

The committee must have its accounts or financial procedures examined and reported on each fiscal year by a qualified person or firm appointed by the committee.

A member of the public service is not eligible to be appointed under subsection (4).

The Auditor General may examine the accounts and financial procedures of the committee and report to the Speaker at the times that the Auditor General considers appropriate.

Subsection (6) does not restrict the Auditor General from reporting to the Legislative Assembly on any other matter that the Auditor General considers to be in the public interest including the matters within the jurisdiction of the committee under section 3.

The committee must promptly file its minutes and the reports referred to in subsections (4) and (6) with the Clerk of the Legislative Assembly who must

make the minutes and reports available to any person for inspection without charge and during normal business hours, and

provide a copy of the minutes and reports on payment of a reasonable copying charge.

The committee must report annually to the Legislative Assembly on the decisions made by the committee during the previous year.

The report under subsection (9) must include the reports referred to in subsections (4) and (6).

Dissolution of Legislative Assembly

6

After general voting day for a general election, the person holding the office of Speaker immediately before general voting day is deemed for the purposes of this Act to continue in office as Speaker until a Speaker designate is named.

[Repealed 2011-13-125.]

If a Speaker designate is named, he or she is deemed to be Speaker for the purposes of this Act.

[Repealed 2011-13-125.]

Appropriation

6.1
Money required to be provided by or paid on behalf of the government under this Act must be provided or paid by the Minister of Finance from money appropriated for that purpose by the Legislative Assembly or, in the absence of an adequate appropriation for that purpose, from the consolidated revenue fund.

Conflicts

7
If there is any conflict or inconsistency between

this Act or a minute of the committee issued under this Act, and

the Financial Administration Act or any regulation or directive made or given under it,

then, despite the Financial Administration Act, this Act or the minute of the committee prevails.

Power to make regulations

8

The Lieutenant Governor in Council may make regulations as follows:

providing for the security of the Legislative Precinct;

regulating, permitting or prohibiting use of the Legislative Precinct by the public or by other persons.

The Lieutenant Governor in Council may make regulations establishing penalties for failure to comply with the regulations made under this section.

Schedule

CONFEDERATION GARDEN PARK

All those parcels of land in the City of Victoria with the following legal descriptions:

Parcel Identifier: 009-386-980
Lot 890, Victoria City

Parcel Identifier: 009-387-021
Lot 891, Victoria City

Parcel Identifier: 009-387-030
Lot 894, Victoria City

Parcel Identifier: 009-387-056
Lot 995, Victoria City.

The Legislative Assembly of British Columbia

Legislative Assembly Management Committee Annual Report 2012-2013