September 2022 Board of Health Meeting - By-Law No. 3 - Human Resources By-law

Meeting Document Type
By-Law No. 3 - Human Resources

A by-law respecting the human resources of the Board of Health for the Windsor-Essex County Health Unit (“Health Unit”) passed under the Health Protection and Promotion Act, R.S.O. 1990, c.H7 (“HPPA”).

    1. Human Resource Goals. In addition to the generalized goals of the operational plan, the Health Unit’s interrelated and sometimes competing human resources goals are as follows:
      1. Fair and Positive. Foster a work environmental that is fair and positive, creating a culture of integrity, supportive of the Code of Ethical Conduct.
      2. Attract and Retain Talent. Attract, recognize and retain talent.
      3. Effective Performance Management. Effectively manage individual performance, whether meeting or falling above or below expectations.
    2. Workforce Development. The Health Unit shall adopt a strategic approach to human resources management, having regard to the following:
      1. Workforce Assessment. An assessment of its workforce based on size, composition and competencies.
      2. Assessment of Future Workforce Needs. An assessment of the Health Unit’s future workforce needs.
      3. Projection of Workforce Supply. A projection of the future workforce supply, including consideration of the composition of the community served by the Health Unit.

        Based on the above and as part of its strategic approach, the Health Unit shall establish a workforce development plan, identifying the training needs of staff, including discipline specific and management training and encouraging opportunities for the development of core competencies and, when appropriate, partnerships with academic institutions. Further the Health Unit shall foster an interest in public health practice by future health professionals by supporting student placements.

    1. Openness. Human resources policies and procedures shall be accessible to all individuals undertaking or participating in work activities on behalf of the Health Unit, including employees, student placements and volunteers.
    2. Content. The CEO shall ensure that the organization has human resources policies and procedures to address the following:
      1. Recruitment and Retention
      2. Orientation and Training
      3. Occupational Health and Safety
      4. Professional and leadership development
      5. Succession Planning
      6. Performance management
      7. Compensation
      8. Discipline
      9. Conflict Management
    3. Equity, Diversity and Inclusion. Policies and Procedures shall be open and fair and consider equity, diversity and inclusion.
    4. Employment Contracts. Terms of employment shall be documented in written employment contracts and/or collective agreements, as applicable. Employment contracts shall be presented at the time of any offer of employment and shall be finalized, signed and delivered to the Health Unit prior to any commitments of employment.
    5. Personnel Files. Separate personnel files shall be maintained for each Health Unit employee with a clear articulation as to what the file contents are to include and who shall have access to the files.
  3. ARTICLE 3: ROLES of the CEO and MOH
    1. CEO. The CEO shall, in addition to any specific duties assigned by the Board, be generally responsible for all Health Unit day to day operational matters, policies and directives, program and service delivery, matters of human resources and finances. As part of that, the CEO shall, with respect to operational matters:
      1. Ensure the implementation of the Board’s governance policies, as outlined in the By-laws and otherwise, through an operational plan by establishing and enforcing related operational policies, systems and procedures.
      2. Monitor compliance with operational policies, systems and procedures and address any non-compliance.
      3. Support the Board in satisfying the Board’s role by providing appropriate data, analysis and recommendations.
      4. Be accountable to the Board.
    2. MOH. The MOH shall, in addition to any specific duties assigned by the Board, be generally responsible for matters directly relating to public health programs and services and issues relating to the protection and promotion of the public’s health. As part of that, the MOH shall, with respect to operational matters directly related to the delivery of health programs and services:
      1. Support the Board in satisfying the Board’s role by providing appropriate data, analysis and recommendations
      2. Be accountable to the Board.
    1. CEO Qualifications. Minimum qualifications for the position of CEO, if one is appointed, shall include the following:
      1. Education and experience appropriate to the implementation of the strategic plan and consistent with that of chief executive officers at other health units.
      2. Emotional Intelligence. The CEO shall demonstrate emotional intelligence including self-awareness; self-regulation; motivation; empathy; and social skills.
    2. MOH Qualifications. Minimum qualifications for the position of MOH, shall include the following:
      1. Education and Experience. The MOH shall have at minimum the education and experience required by the HPPA and HPPA Regulation 566.
      2. Emotional Intelligence. The MOH shall demonstrate emotional intelligence, including self-awareness; self-regulation; motivation; empathy; and social skills.
    3. Job Description. The Board shall develop a job description for the CEO and MOH position. The Board shall review the job description regularly and revise as appropriate and in accordance with legislation and Ministry guidance.
    1. External Consultant or Recruitment Committee. In order to carry out tasks and make recommendations related to MOH/CEO recruitment and selection:
      1. a reputable, qualified external consultant shall be engaged; and/or
      2. the Board shall establish an ad hoc recruitment committee. Such committee composition shall contribute to the integrity of and confidence in the recruitment and selection process by:
        1. including stakeholder representation by not restricting composition to only Board Members but at the same time not including Health Unit staff or an existing MOH or CEO; and
        2. ensuring that each committee member is appropriately qualified including having human resources expertise. Establishment of the committee shall otherwise be in accordance with applicable by-law provisions including the requirement for terms of reference.
    2. Appointment. Subject to the approval by the Ministry of Health, the final MOH appointment decision shall remain with the Board. The final appointment decision of the CEO shall also remain with the Board. Both positions will be appointed through resolution by the Board.
    1. Remuneration. Remuneration of both the MOH and CEO shall be in accordance with provincial legislation where applicable and external benchmarking.
    2. Performance Management. The Board will establish a policy and procedure for the regular performance management, monitoring and review of the CEO and the MOH. Performance shall be managed in accordance with the established policy adopted and approved by the board.
    3. Discipline. Any consideration of a proposal to discipline the MOH or the CEO, including dismissal, shall be subject to and in accordance with the following:
      1. Notice. Reasonable written notice of the time, place and purpose of the Board meeting at which the discipline is to be considered shall be given.
      2. Reasons. A written statement detailing the reasons for the proposed discipline shall be given along with the notice.
      3. Opportunity to be Heard. The MOH or CEO shall be given an opportunity to attend and to make representations to the Board at the meeting.
      4. Two-Thirds Decision. Any decision to discipline the MOH or the CEO shall be carried by a vote of two-thirds of the Board Members present at a properly constituted Board meeting, provided that if the decision is to dismiss, such decision shall also be subject to the consent in writing of the Ministry of Health (“The Ministry”) in the case of the MOH.
        The foregoing is provided that when it is not reasonably practicable for the Board to meet in a timely manner, both the Chair and Vice-Chair acting jointly, shall have the authority to suspend the MOH and/or the CEO with pay, pending Board determination.
    1. Preparedness. The Board shall ensure that the Health Unit is prepared for a change in CEO and/or MOH, whether such change is planned or unplanned through a successional planning framework.
    2. Un-Planned Transition. Unplanned transitions of the CEO and/or MOH, necessitating interim arrangements, shall be subject to and in accordance with the following:
      1. CEO. In the case of an unplanned transition of the CEO:
        1. The MOH and Corporate Services Director jointly or the Corporate Services Director alone if the position of MOH is also subject to an unplanned transition, shall act as CEO until an acting or permanent replacement is appointed by the Board.
        2. The Board shall meet as soon as reasonably practicable and shall forthwith appoint an acting CEO.
      2. MOH. In the case of an unplanned transition of the MOH:
        1. The AMOH, if there is one, shall act as MOH until a replacement is appointed.
        2. If there is no AMOH the Board shall forthwith appoint a physician as acting MOH.
      3. Communication Plan. The Board shall ensure there is a communication plan for the un-planned transition of the CEO and/or MOH that includes reassurance for both internal staff and external stakehold