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1988-006 Medonte By-law to Appoint a Clerk-Administrator for the Township of Medonte THE CORPORATION OF THE TOWNSHIP OF MEDONTE BY-LA W NUMBER 88- 6 BEING A BY-LAW TO APPOINT A CLERK-ADMINISTRATOR FOR THE TOWNSHIP OF MEDONTE WHEREAS the Municipal Act R.S.O. 1980, Chapter 302, Section 77, provides that the Council of a Municipality shall appoint a Clerk; - AND WHEREAS the Municipal Act R.S.O. 1980, Chapter 302, Section 76, provides that a Council of a Municipality may by By-Law appoint a Chief Administrative Officer; AND WHEREAS the Council of the Corporation of the Township of Medonte now deems it expedient to appoint a Chief Administrative Officer; _ NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF MEDONTE ENACTS AS FOLLOWS: 1. That Gary W. Cunnington be and he is hereby appointed as Clerk of the Corporation of the Township of Medonte. 2. That Gary W. Cunnington be and he is hereby appointed as Chief Administrative Officer for the Corporation of the Township of Medonte and he shall have the title "CIerk-Adminstrator". General 3. That the duties~ responsibilities and obligations imposed on the Clerk-Administrator shall in no way be deemed to empower him to perform do or direct any act or matter or to exercise any authority that would to any extent what-so-ever encroach upon the legisla ti ve power of the Council. 4-. That the Clerk-Administrator shall take direction from and be responsible to the Council of the Corporaition of the Township of Medonte but he shall not be instructed or directed by or be responsible to any! member of the Council except that the Head of the Council may request such assistance as in the opinion of the Clerk-Administrator may be required to discharge the statutory duties of the Head of Council. ~ 5. Notwithstanding the provisions of Section 4-, the Clerk-Administrator may consult with the Head of Council or any member of Council with respect to any matter of concern to the Municipality or to any of its local boards or committees. 6. That the Clerk-Administrator shall have general control and management of the administration of the government and affairs of the Corporation of the Township of Medonte and perform such duties as are hereinafter described. ~ 7. That the Clerk-Administrator shall be responsible for the efficient administration of all of the departments of the Corporation of the Township of Medonte to the extent that this by-law or any other by-law of the Corporation shall give him authority and control. Personnel Administration 8. The Clerk-Administrator shall have the authotity to recornmend to Council the appointment, employment, suspension or dismissal of Department Heads including the granting of leave and reinstatement after leave or suspension. 9. The Clerk-Adminstrator shall make recommendations to Council regarding the classification, duties, responsibilities, evaluation, remuneration and benefits of any employees of the Municipality but in doing so he shall have due regard for the provisions of the law and any collective agreeme.nt in force. THE CORPORA nON OF THE TOWNSHIP OF MEDONTE BY-LAW NUMBER 88- 6 Personnel Administration ( cont.) 10. The Clerk- Administrator shall administer any collective agreements entered into between Council and its employees so long as those agreements remain in force and in general be responsible for wage and salary administration subject to agreed grievance procedures. 11. The Clerk-Administrator shall have full control and direction of all employees of the ~ Corporation. 12. Notwithstanding Section 11 the Clerk- Administrator shall observe all laws and legal agreements and without limiting the forgoing he: (a) shall observe all collective agreements and contracts of employment as may be in force, ~ (b) shall not have direction and control over any officer of the Corporation appointed under Statute insofar as the statutory duties are concerned; and (c) shall respect the provisions of legislation respecting conditions of employment, including the Employment Standards Act, and the Labour Relations Act. Financial Administration 13. The Clerk-Administrator shall exercise general financial control over all departments of the M unicipali ty 14-. The Clerk-Administrator shall: (a) direct the preparation and computation of the annual estimates of revenues and expenditures in accourdance with the requirements of legislation and the instructions of Council; (b) present to Council the Annual Estimates; (c) be responsible for the administration of the estimates as adopted by Council (d) report to Council or a Committee of Council on the current status of the finances of the Municipality and propose any necessary or adviseable amendments to the approved estimates, and ~ (e) cause to be prepared and submit to Council at the end of the fiscal year a complete report on the finances of the Corporation for the preceeding year. 15. The Clerk-Administrator shall implement sound procedures for purchasing, for tendering and for entering into contracts involving expenditure funds or the acquisition or disposition of assets and all departments shall observe such procedures. 16. The Clerk-Adrmmstrator shall have the authority without reference to Council to make purchases involving expenditures of amounts not exceeding a limit prescribed from time to time by a resolution of Council. t 17. The Clerk-Administrator shall submit to Council all accounts for payment with the exception of those accounts pre-authorized for payment by a by-law of Council, provided that all accounts proposed for payment after the adoption of the annual estimates shall be authorized in the estimates. 18. The Clerk-Administrator shall ensure that all real property and other property owned by or vested in the name of the Corporation or any of its dependent local boards are adequately insured. 19. The Clerk-Administrator shall be responsible to negotiate for tthe purchase, acqu1s1tlOn and sale of real property on behalf of the Corporation, subject to die approval of Council. THE CORPORATION OF THE TOWrN.5ftHprOF MEDON'IE BY-LA W NUMBER 88- 6 Organization and Management 20. The Clerk-Administrator shall have the authority to: ~ (a) make recommendations to Coundl with resoect to the administration of any department of the Corporation or any dependent local board thereof; (b) obtain from any department head or any corf1mittee of Council such information or reports with respect to their activities as the Clerk-Administrator may consider advisable for maintaining or improving the standard of administration within the Municipali ty; , ~ (c) present to Council recommendations arismg from departmental oPerations that require Council approval and to propose legislation or resolutions arising from such recommendations; and (d) give effect to any decisions approved by Council concerning the organization or functioning of any department of the civic administration or of the administration as a whole. 21. The Clerk-Administrator shall meet regularly with senior appointed officials of the Municipality as he shall deem appropriate at which time theymay give consideration to any of the following matters: (a) co-ordination of departmental activities (b) recomrr.endations concerning policies, plans, budgets, programs and legislation being submitted to Council or one of the Committees; (c) implementation of decisions made by Council; (d) implementation of procedures, plans , programs, policies and organization arrangements that are within the competence of the Clerk-Adminstrator to determine without reference to Council, and t (e) proposals made by the Clerk-Administrator or amiy,rmember of the staff of the Municipality that will tend to the improvement of the administration of the Corporation or that will contribute to more effective and efficient governing of the Municipality. Policy and Development and Implementation 22. The Clerk-Administration may co-ordinate and direct the preparation of plans and programs to be submitted to Council for the development, reduction or improvement of services provided by the Corporation, its dependent local boards and any other local body for the construction and maintenance, rehabilitation or disposition of the properties and facilities of the Corporation. ~ 23. The Clerk-Administrator shall present to Council or to any of its committees or local boards reports and information regarding progress and accomplishments in programs and projects undertaken by the Municipality. 24-. The Administrator shall receive all communications including comrrunications from any local board and forward to Council such communications which are of concern to Council together with his recommendations if any. 25. The Clerk-Administrator shall ensure that efficient ,effective and democratic procedures for administering the affairs of Council are established, maintained and enhanced, and he shall seek Council's approval for such measures as he may deem appropriate. THE CORPORA nON OF THE TOWNSHIP OF MEDONTE BY-LAW NUMBER 88- 6 Policy and Development and Implementation 26. In discharging his duties under Section 25 the Clerk-Administrator shall give particular attention to the following: (a) the processiong of correspondence and other communications of concern to Council prior to their presentation to COuncil; ~ (b) the content and format of agendas, reports and minutes; (c) decodifying of any Council, committee, local board or administration procedures and policy, and ensuring convenient access to such policies and procedures. (d) the presentation to Council, its committees and local boards of staff recommendations concurred in by the Administrator, and ~ (e) the indexing and retention of all records, documents, correspondence of account and legislation and their legal disposition when of no further use in connection with regular administra tion. 27. The Clerk-Administrator may be assigned to such other duties, responsibililties, privlieges and authorities as Council may Mgally assign provided the Clerk-Administrator shall have the right to request Council's consideration of any such additional assignment and to propose alternative courses of action. 28. The Clerk-Administrator shall have the right and duty to address Council within the rules of debate applicable tOJmembers of Council on any matter where his advice will assist Council in its deliberations subject to t he following provisions: (a) where a member of the public, the press, or a local board requests the Administrator to state an opinion on a matter that in the view of the Administrator is a matter of legislative policy the Administrator shall refer the request to an elected member of Council; (b) the Administrator may express an opmlOn or provide advice on any matter properly before Council for consideration (c) where he feels he is adequately prepared to provide advice or information the Administrator shall respond to a request from a member of Council for information or for an opinion concerning any matter before Council, and t (d) the Administrator shall neither vote nor attempt to influence the outcome of a vote by Councilor any of its committees except insofar as he is requested or provides his opinion pursuant to this clause. 29. This by-law shall come into force on March 1, 1988 By-Law read a first and second time, read a third time and passed this 25th day of February,1988. ~ wr f~ ,r. !\~ }}~ ~~ ~ -" , p 10 t - r\ - if ,a ~\ - ~~ r ~o It, ~ - "" , "i ~ , { j (;) 0 f " ~ 'l:. ~ ~~ ' . -z:. - ~ ~ r ., ~ eo , ....J;' ~ ~ '- - ~ 1~ ~! ~~ ,..- r ~ .i) I~.~ t'~ ~ $ ~F f 6\ ~~ W ~~ f~ t"^ \ "'\ , I - t: ~~ 1\ ~ ~\ ~ m \\ ........ . . ~1\ :t> <t. ~~ R~ t~ ~~ D ~ ~. ~ 't. ~~ ~'. 4