Lobbying Disclosure for Board Members Policy

• Policy Objectives
• Underlying Principles
• Policy Statement
• Scope
• Application
• Definition
• Specific Directives
• Accountability
• Appendices

Effective Date: May 26, 2014

Policy Objectives

To provide a practice that requires Library Board Members to disclose when they have been subject to lobbying so that the conduct of Board Members remains open and transparent.

Underlying Principles

Toronto Public Library is a publicly funded institution governed by a Board of citizen members and City of Toronto Council members. In order to fulfill their role in ensuring that the Library responds to the ever changing needs of City residents, Board Members give careful consideration to communications they receive from members of the public, participate in community meetings and meet with those interested in influencing Library policies, practices and purchases. The Library understands that:

• free and open communications with Library Board Members is an important matter of public interest;
• lobbying of Board Members is a legitimate activity;
• it is desirable that the general public be able to know who is attempting to influence Board Members; and
• the system for lobbying disclosure should not impede free and open communication with Board Members.

Policy Statement

Board Members must make a disclosure when they have been subject to lobbying and to make these disclosures open and available to the public.

When Board Members receive communications from, or meet with, people attempting to influence Board Members in the exercise of their powers and duties under the Public Libraries Act, Board Members must make disclosures using the process outlined in this policy.

Scope

This policy applies to Board Members when they are subject to lobbying outside of a competitive procurement process being conducted by the Library.

Within the period of a competitive procurement process, the Lobbying Disclosure for Requests for Proposals and Tender/Quotation Calls Policy and Procurement Processes Policy apply in regards to lobbying.

This policy does not apply to:

• Board Members and employees of the Toronto Public Library while acting in their official capacity;
• Board Members and employees of the Toronto Public Library Foundation while acting in their official capacity;
• employees of the City of Toronto while acting in their official capacity;
• employees of local boards while acting in their official capacity;
• deputations made at Library Board meetings and/or Board Committee meetings;
• written communications received at Library Board and Board Committee meetings
• a communication made as part of a public consultation that is restricted to the subject matter of the consultation;
• a communication
  1. that advocates for a community benefit and
  2. there is no perceived financial benefit to the individual, corporation or organization (including a business, trade union or non-profit organization) on whose behalf the communication was made;
• a communication that is restricted to compliments or complaints about library services;
• a communication that is restricted to a request for information.

Application

This policy applies to Library Board members only.

Definition

"Lobbying" for the purposes of this policy, means oral or written communications by an individual, corporation or organization (including a business, trade union or non-profit organization) with a Member of the Library Board, in order to influence the member in the exercise of his or her powers and duties under the Public Libraries Act including, but not limited to the following subject matter:

• the model and method of delivering a library service;
• the procurement of goods, services;
• negotiating or entering into an agreement, including collective agreements, with the Library;
• altering, interpreting, applying existing agreements or;
• Board resolutions and policies.

"Lobbyist" means any person engaged in lobbying as defined in this policy.

The term "lobbyist" includes, but is not limited to the following:

• "consultant lobbyist" means a person who, for payment, lobbies on behalf of a client and includes, but is not limited to, government relations consultants, lawyers, accountants, or other professional advisors who provide lobbying services for their clients;
• "corporate in-house lobbyist" means an employee of a corporation that carries on commercial activities for financial gain and who lobbies as a significant part of their duties;
• "organization in-house lobbyist" means an employee of a non-profit organization, when one or more employees lobby Board Members and where the accumulated lobbying activity of all such employees would constitute a significant part of the duties of one employee; and
• "volunteer lobbyist" means a person who lobbies without payment on behalf of an individual, corporation, or organization.

"Local Board" means a city board, transportation commission, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority.

Specific Directives

• Prior to engaging in any discussion with a lobbyist, Board Members must receive a signed Lobbying Discussion Memorandum from the lobbyist (see Appendix A (PDF)).
• When subject to lobbying, Board Members must complete a Lobbying Disclosure Form (see Appendix B (PDF)). This Form must include:
  • the name, address and telephone number of the lobbyist and who the lobbyist represents
  • what aspect of Library business was subject to lobbying
  • a description of the general nature and content of communications
  • the name of the Board Member
  Members must make disclosures as soon as practical and prior to conducting any meetings with a lobbyist.
• If a Board Member was not aware that he or she would be subject to lobbying, the Member should obtain a completed Lobbying Discussion Memorandum, and submit a completed disclosure form, as soon as practical.
• Members must send any signed Lobbying Discussion Memorandums and Lobbying Disclosure Forms to the Chair and the City Librarian. If the Chair is subject to lobbying he or she must send any signed Lobbying Discussion Memoranda to the Vice Chair and the City Librarian.
• Disclosures will be published as part of the Board Agenda materials. The Lobbying Disclosure Forms and Lobbying Discussion Memorandum will become part of the public record as Board materials, published on the Library's website and kept on file by the City Librarian's Office in accordance with the Library's Records Retention schedule policy.

Accountability

The Toronto Public Library Board is accountable for the implementation of this Policy.

Appendices

• Lobbying Discussion Memorandum (PDF)
• Board Member Lobbying Disclosure Form (PDF)