The duties of CRD staff
The CRD web site at https://www.crd.bc.ca/about/how-we-are-governed/how-decisions-are-made says decisions are supposed to be made at the CRD:
The CRD web site at https://www.crd.bc.ca/about/how-we-are-governed/how-decisions-are-made says decisions are supposed to be made at the CRD:
"Based on principle of independent but responsible administration:
- Staff provide independent advice and recommendations to the decision making body (the Board, a standing committee or a commission) by way of a staff report outlining the item and recommending a course of action
- Typically items are considered by a standing committee of the Board or a commission and a recommendation is made to the Board of Directors for consideration
- Under the direction of the Chief Administrative Officer, staff are responsible for implementing the decisions of the Board"
(emphasis added)
Curiously missing from these CRD decision principles is the requirement that the staff advice be accurate, and that staff recommendations contain all alternative solutions.
A legal opinion titled "The Role and Responsibilities of Regional Directors" that used to be posted on the CRD web site and can still be found at http://www.sms.bc.ca/wp-content/files_mf/rdhandbook2006.pdf says at page 13 in relation to information by staff:
Curiously missing from these CRD decision principles is the requirement that the staff advice be accurate, and that staff recommendations contain all alternative solutions.
A legal opinion titled "The Role and Responsibilities of Regional Directors" that used to be posted on the CRD web site and can still be found at http://www.sms.bc.ca/wp-content/files_mf/rdhandbook2006.pdf says at page 13 in relation to information by staff:
Reports ... should be fully researched ...
Where available information has been compiled , the reports should identify all known alternative solutions and recommendations should be made accordingly.
.............. The success of a project often depends on the accuracy of the information provided and the assessment of the information contained in the recommendations.
.... Administrators should remember that the final responsibility for all matters rests with the Board and that good decisions are usually informed decisions.
And on page 6:
Neither a Director nor administrative staff should take it upon themselves to vary or lessen the impact of policy unless a suitable amendment has been authorized by the Board.
Not mentioned in either the CRD guidelines or the legal opinion, is the duty of care owed by CRD staff to the public. Frequently CRD staff make presentations to the public and the public has a reasonable expectation that that information is accurate and complete. The public being anyone or group, municipality or organization outside the CRD.
In summary, it can be said the reasonable expectation of CRD staff is:
Staff will provide information and advice to the decision making body (the Board, a standing committee or a commission)
Staff have the same duty of care when providing information to the public.
Staff are responsible for implementing the decisions of the Board and may not vary them.
In summary, it can be said the reasonable expectation of CRD staff is:
Staff will provide information and advice to the decision making body (the Board, a standing committee or a commission)
- Staff will fully research and take reasonable care to ensure the information and advice is sufficient for the decision making body to make an informed decision, by being complete, timely, accurate and unbiased. Staff will disclose to the decision making body when the information provided does not meet this standard.
- Staff will disclose where real or perceived bias exists or is alleged about them.
- The advice to the decision making body will include all known alternative solutions.
Staff have the same duty of care when providing information to the public.
Staff are responsible for implementing the decisions of the Board and may not vary them.