Proceedings of the Standing Committee on
Internal Economy, Budgets and Administration
Issue No. 5 - Minutes of Proceedings - October 6, 2016
OTTAWA, Thursday, October 6, 2016
(18)
[English]
The Standing Committee on Internal Economy, Budgets and Administration met this day at 9:05 a.m., in room 160- S, Centre Block, the chair, the Honourable Leo Housakos, presiding.
Members of the committee present: The Honourable Senators Ataullahjan, Campbell, Cordy, Cowan, Downe, Doyle, Housakos, Manning, Marshall, Munson, Smith, Tannas, Tkachuk, Wallace and Wells (15).
Other senator present: The Honourable Senator Mitchell (1).
Also in attendance: Nicole Proulx, Chief Corporate Services Officer and Clerk of the Standing Committee on Internal Economy, Budgets and Administration; Charles Robert, Clerk of the Senate and Chief Legislative Services Officer; Michel Patrice, Law Clerk and Parliamentary Counsel and Chief Parliamentary Precinct Services Officer; and other senior Senate officials.
Also present: The official reporters of the Senate.
CIBA/2016-10-06/154(P)| 211| — Adoption of Minutes of Proceedings
The committee considered the minutes of proceedings of September 29, 2016.
It was moved by the Honourable Senator Campbell that the minutes of proceedings of September 29, 2016, be adopted.
The question being put on the motion, it was adopted.
CIBA/2016-10-06/155(P)|295| — Sixth Report of the Subcommittee on Committee Budgets
The Honourable Senator Tannas, chair of the Subcommittee on Committee Budgets, tabled the Sixth Report of the subcommittee.
The chair, the Honourable Senator Tannas, responded to questions.
After debate, it was moved by the Honourable Senator Wells that the report be adopted.
The question being put on the motion, it was adopted.
CIBA/2016-10-06/156(P)|227 | — 360 Review of the Executive Committee
The chair proposed that as part of the ongoing process of reviewing the administration, the committee commission a 360 review of the Executive Committee: Charles Robert, Clerk of the Senate and Clerk of the Parliaments and Chief Legislative Services Office; Nicole Proulx, Chief Corporate Services Officer and Clerk of the Standing Committee on Internal Economy, Budgets and Administration; and Michel Patrice, Law Clerk and Parliamentary Counsel and Chief Parliamentary Precinct Services Officer. The executive search firm, Boyden, has recently completed 360 reviews on the Senate's Director of Communications and Chief Financial Officer and the Steering Committee feels it would be a valuable exercise for the management team.
After debate, it was moved by the Honourable Senator Cowan that the Steering Committee commission a 360 review of each of the three members of the Executive Committee.
The question being put on the motion, it was adopted.
CIBA/2016-10-06/157(P)|301| — List of the Subcommittees and Advisory Working Groups
As a follow-up to a request made by the Honourable Senator Manning at the last CIBA meeting, the chair provided an overview of the mandates and membership of the various subcommittees and advisory working groups. He indicated that in addition to the regular activities of the Audit Subcommittee, they have also been doing significant work on a proposal and suggestions regarding an oversight committee and expect to report in the next couple of weeks.
The chair informed committee members that the Steering Committee has urged the leadership and caucuses to become actively engaged in organizing the Standing Committee on Ethics and Conflict of Interest for Senators, in a timely fashion.
CIBA/2016-10-06/158(P)|248| — Dispute Resolution Process: Senator Duffy
The Honourable Senator Wallace raised the issue of the authority of the Steering Committee versus the authority of CIBA and questioned the process by which the decision was taken to set-off the Honourable Senator Duffy's salary in order to recover the approximately $16,000 of ineligible expenses claimed.
The chair reviewed the dispute resolution process that was adopted by CIBA, and described the way in which Senator Duffy's ineligible expenses were brought to the attention of the committee by Senate Finance. He indicated that Senator Duffy was given an opportunity to validate his questionable expenses and was further provided the opportunity to go before Justice Binnie to present his case with the special Arbitrator. The chair provided a brief historical overview of the dispute resolution process and reminded committee members that an email was sent to all senators, including Senator Wallace, on July 28, 2016, informing them about the administrative matter involving Senator Duffy. The email had, in attachment, a copy of the letter to Senator Duffy noting his decision to neither reimburse the ineligible expenses nor avail himself of the arbitration process. The letter further outlined that money owing would be recovered by way of set-off of a percentage of the net portion of Senator Duffy's sessional allowance until the full amount is reimbursed. The email also contained a second letter to all senators citing the inadmissibility of some of Senator Duffy's claims and outlining next steps in terms of the binding action being taken by the committee. The chair reminded the committee that as the process unfolded, all of the leadership in the Senate, including the non- affiliated leadership were consulted with respect to this issue.
After discussion, the chair undertook to forward the July 28th email to the Honourable Senator Wallace, once again, for his review and indicated that Pascale Legault, Chief Financial Officer, would be available to meet with the senator to review the file regarding Senator Duffy's expenses.
CIBA/2016-10-06/159(P)|248| — Update on the Dispute Resolution Process
Further to the update on the dispute resolution process provided by Michel Patrice at the meeting of September 29, 2016, committee members requested clarification regarding a timeline for receipt of an opinion from outside legal counsel; the estimated cost of the actions if they are commenced; and whether an indication of the strengths and chances of success for each of those actions would be included in the opinions. Mr. Patrice responded to these and other questions. The committee will receive a full briefing on all of these issues.
At 9:46 a.m., the committee continued in camera.
At 10:04 a.m., the committee adjourned to the call of the chair.
ATTEST:
Nicole Proulx
Clerk of the Standing Committee on Internal Economy, Budgets and Administration
Jodi Turner
Recording Secretary