CITY OF ELLIOT LAKE

Ad hoc CAO By-law Review CommitteeAGENDA

June 28, 2016

4:15 pm Committee Room

Pages

1. CALL TO ORDER

2. ROLL CALL

3. DECLARATIONS OF CONFLICT OF INTEREST

4. ADOPTION OF PREVIOUS MINUTES

4.1 June 14, 2016 1

5. PUBLIC PRESENTATIONS

6. INTRODUCTION AND CONSIDERATION OF CORPORATE REPORTS

6.1 June 16, 2016. Draft CAO By-law 3

re:  draft CAO By-law including cross-reference guide and additionalwording options

7. UNFINISHED BUSINESS

8. CORRESPONDENCE

9. ADDENDUM

10. CLOSED SESSION BUSINESS

11. ADJOURNMENT

AD HOC CAO BY-LAW REVIEW COMMITTEE

MEETING MINUTES

Tuesday, June 14, 2016, 6:00 pm

Board Room

Present: T. VanRoon, Chair

D. Marchisella, Member

L. Cyr, Member

C. Nykyforak, Member

C. Martin, Member N. Mann, Member S. Reinhardt, Member

Resources:

J. Renaud, CAO, Resource L. Sprague, City Clerk

1. CALL TO ORDER

The meeting was called to order at 6:05 PM.

2. ROLL CALL

3. DECLARATIONS OF CONFLICT OF INTEREST

4. ADOPTION OF PREVIOUS MINUTES

5. PUBLIC PRESENTATIONS

6. INTRODUCTION AND CONSIDERATION OF CORPORATE REPORTS

A motion was introduced to add an addendum to the agenda, and to deal with

the addendum first.

Res. 1/16 Moved By: L. Cyr Seconded By: N. Mann That we deal with the addendum to the agenda.

Carried

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Res. 2/16 Moved By: D. Marchisella Seconded By: L. Cyr That the Committee work on establishing a new CAO By-law.

Carried

6.1 June 10, 2016. Report from the Chief Administrative Officer

Staff Report CAO 2016-11 dated June 10, 2016 concerning a review of

By-law 07-92, was read.

6.2 Draft #1 - City Manager By-law

Res. 3/16 Moved By: S. Reinhardt Seconded By: C. Martin That the Committee utilize the current By-law No. 07-92, as a base for drafting

the new CAO By-law.

Carried

Councillor Nykyforak left at 7:10 PM.

7. UNFINISHED BUSINESS

8. CORRESPONDENCE

9. ADDENDUM

10. CLOSED SESSION BUSINESS

11. ADJOURNMENT

The next meeting will be at the call of the Chair.

Res. 4/16 Moved By: S. Reinhardt Seconded By: L. Cyr That this meeting adjourn at the hour of 7:25 PM.

Carried

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

CROSS-REFERENCING CHART

This draft of the bylaw contains provisions originally contained in bylaw 07-92. In an

attempt to make it easier for committee members to ensure that nothing was lost in

transferring between the drafts, the following chart was designed.

BYLAW 07-92 DRAFT Document

1 1 a

2a 2a

2b 2b

2c 2c

2d 2d (minor wording change)

2e 2e

2f 2f

2g 4a

2h 4b

2i 3a

2j 3b

2k 5a

2l 5a

2m 5c

2n 5a

2o 5d

2p 2g

3a 4c

3b 5b

3c 3c

4 2h

5 8

6 1b

7

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

B Y-LAW NO. 16-XX

Being a by-law to detail the duties

and responsibilities of the Chief

Administrative Officer and to

repeal By-law No. 07-92.

The Council for the Corporation of the City of Elliot Lake, duly assembled, hereby ENACTS AS

FOLLOWS:

1. Office

(a) There is hereby established the position of Chief Administrative Officer,

who shall be responsible to and report to Council.

(b) Council will, on not less than an annual basis, conduct a review of the

performance of the Chief Administrative Officer and will consider

appropriate performance incentives.

2. General Powers and Duties

The Chief Administrative Officer shall:

(a) Be responsible to City Council for the general control, management and

administration of the government and affairs of the City; and

(b) Be responsible for the efficient administration of all City Departments, in

accordance with the provisions of this by-law;

(c) Administer and supervise the management of the business and affairs of the

City in accordance with policies, plans and programs approved and

established by Council;

THE CORPORATION OF THE CITY OF ELLIOT LAKE

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

(d) Evaluate the effectiveness and efficiency of services provided by the City

and to recommend to Council any changes or improvements therein;

(e) Co-ordinate and direct the preparation of policies, plans and programs to be

submitted to Council for development and improvement of City services;

(f) Co-ordinate, direct and broadly supervise the implementation of all

programs approved by Council;

(g) Be responsible for the performance of duties and the exercise of powers

which, from time to time, may be lawfully assigned to or vested in the

position by Council.

(h) Be a member ex-officio of all committees of Council.

3. Administration

The Chief Administrative Officer:

(a) Shall compile, consider and present to Council recommendations which

arise from departmental operations and which require Council’s approval

and propose legislation or resolutions arising from such recommendations;

(b) Shall attend or be represented at all meetings of City Council and

Committees of Council;

(c) May appoint an Acting Chief Administrative Officer who shall assume the

duties and responsibilities as the Chief Administrative Officer during his

absence.

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

4. Financial Powers and Functions:

The Chief Administrative Officer:

(a) Shall supervise the preparation of the City’s budget and to be responsible

for its implementation and reporting thereon;

(b) Shall supervise the preparation of the City’s business plan and to be

responsible for its implementation and reporting thereon;

(c) May enter into any contract in the name of the Corporation, together with

the Clerk, for the purchase of goods and services authorized by Council

resolution, involving an expenditure not exceeding $10,000.00;

5. Human Resources:

The Chief Administrative Officer:

(a) Shall have full control, including the authority to appoint, employ, suspend

or dismiss, and direction over all City employees.

i. Without limiting the authority of section (k), the CAO shall

confidentially inform Council prior to the dismissal of an employee

holding a Director’s position. In the event that the reason for

dismissal is so egregious as to warrant an immediate dismissal, the

CAO shall inform Council immediately following the dismissal.

(b) May increase the remuneration paid to any non-union employee in

accordance with and not exceeding the salary scale fixed by by-law for the

job classification established for the position to which that employee was

appointed;

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

(c) Shall conduct an annual performance review of all Directors and authorize

appropriate performance incentives in accordance with the City’s

compensation policy;

(d) Shall direct collective bargaining with all City employees and recommend

to Council agreements concerning wages, salaries and working conditions

and upon approval of Council, administer such Agreements and in general

be responsible for wage and salary administration subject to normal

grievance procedures;

6. Miscellaneous Powers

7. Indemnification

8. Interpretation

NOTWITHSTANDING anything herein contained, this by-law shall not be deemed to

empower the C.A.O. in any way whatsoever, to exercise or encroach upon the powers of

Council.

9. Conflict

10. Rescind Previous Bylaw

Upon passing of this bylaw, bylaw 07-92 shall be repealed.

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

Additional Wording Options/Clauses

for Consideration by Committee.

_____________________________________________________________________________________

Appointment

(1) Council will, by resolution, appoint an individual to the position of Chief Administrative

Officer.

(2) Council will establish the terms and conditions of the appointment of the Chief Administrative

Officer including:

a) the term of the appointment; and

b) the salary and benefits to be paid or provided to the Chief Administrative Officer,

which may be varied from time to time by Council.

RATIONALE: One of the functions of this bylaw is to establish the position of CAO. It would be

appropriate to also establish within the bylaw the manner by which the appointment to fill the position

would be made.

_____________________________________________________________________________________

Accountability

(1) The Chief Administrative Officer shall be accountable to Council for the exercise of all the

powers, duties and functions delegated to the Chief Administrative Officer by the Act, this

Bylaw, any other enactment, any other bylaw, and any resolutions, policies or procedures adopted

by Council from time to time whether such powers, duties and functions are exercised by the

Chief Administrative Officer personally, or by someone to whom the Chief Administrative

Officer has delegated that power, duty or function.

(2) The Chief Administrative Officer shall carry out their powers, duties and functions in

compliance with:

a) the Act;

b) this Bylaw;

c) any other enactment;

d) any other bylaw, resolution, policy or procedure passed or adopted by Council; or

e) any contract binding on the Municipality.

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

Rationale: The current draft of the bylaw only establishes the accountability of the CAO as a

responsibility to Council. The position however has a number of elements of accountability that extend

beyond the reporting relationship to Council.

_____________________________________________________________________________________

The Chief Administrative Officer shall:

a) be the contact between the Administration of the Municipality and Council and communication

from the Administration to Council shall flow through the Chief Administrative Officer;

Rationale: This provision entrenches within the bylaw the fact that all reporting to Council from

Administration shall flow through the CAO position. This approach matches current practice as the CAO

currently must approve all reports to Committee/Council.

_____________________________________________________________________________________

The Chief Administrative Officer must either personally carry out all of the powers, duties and

functions that are given to the Chief Administrative Officer or delegate such powers, duties and

functions to a designated officer of the Municipality or to a Municipal employee.

Rationale: This provision acknowledges that the CAO cannot be everywhere at all times

_____________________________________________________________________________________

The Chief Administrative Officer has the authority to delegate any of the powers, duties and

functions given to the Chief Administrative Officer and can authorize the recipients of such

delegations to further delegate their powers, duties and functions to other Municipal employees.

Rationale: In order to achieve the results envisioned within the bylaw, it is necessary from time to time

for the CAO to be able to delegate different levels of authority to other staff.

_____________________________________________________________________________________

The CAO has the authority to establish the structure of the Administration including creating,

eliminating, merging or dividing departments provided that any such reorganization does not

result in a decreased level of services to the community.

Rationale: A primary role of Council is to establish the objectives of the municipality. Alternatively, the

role of the CAO is to determine the best methodology for achieving those goals. By providing the CAO

authority over the structure of the organization, Council is empowering the CAO to create the most

effective corporate structure for their approach. This is, of course, subject to the fact that reorganization

does not result in decreased services levels to the public.

_____________________________________________________________________________________

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

The Chief Administrative Officer shall be responsible for ensuring that at least two (2) additional

members of the Executive Management Team are familiar with the duties and responsibilities of

the Chief Administrative Officer, Council processes and procedures, issues being addressed by

Council and issues of concern to the Municipality.

Rationale: This provision would place responsibility upon the CAO to ensure that the administration

is resilient enough to continue effective operation should the CAO position become vacant for a

period of time.

_____________________________________________________________________________________

The Chief Administrative Officer may:

a) Authorize over-expenditures within the operating or capital budgets.

b) Notwithstanding Section (a), at no time may the Chief Administrative Officer authorize

cumulative operating and capital expenditures in excess of the approved total operating and

capital budgets.

c) Pay any amounts the Municipality is legally required to pay pursuant to an Order or Judgement

of a Court, board or other tribunal having jurisdiction over an action, claim or demand against or

by the Municipality, provided that all rights to appeal the Order or Judgement have expired.

d) Prepare and award all tenders where the expenditure is

o included in and does not exceed an approved budget;

o has been subject to a competitive bid process per the procurement policy; and

o is being awarded to the lowest bidder, or highest rated proposal.

e) Approve change orders related to budgeted projects, within the original scope, provided that

the adjusted cost of the project remains within the approved budget amount.

Rationale: subsections a) and b) would permit the CAO to authorize specific budgetary overages.

Given that the budget is the municipalities educated estimates, at times a specific line is under

budgeted, or unexpected expenses are incurred. Often the best way to address this situation is to

reallocate funds from another budget area that is not experiencing the same strains.

Subsection c) would permit the CAO to authorize payment of funds legally required to be paid.

Subsection d) would expedite the procurement of goods and services which had been previously

approved within the budget approved by City Council. Currently, City Administration is required to

present items no less than 4 times for approval (budget committee, Council budget approval,

Standing Committee, and Council”. If this provision were enacted, purchases contained within the

previously approved budget would not need to be re-presented to Committee/Council.

Subsection e) is a common practice when managing a project. Again, this allows administration to

work within previously approved budgets to maximize the benefits of the project and the value for

taxpayer dollar.

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

______________________________________________________________________________

The Chief Administrative Officer is authorized to:

a) retain and instruct legal counsel on matters involving any actual or potential legal and

administrative proceedings involving the Municipality including, without limiting the foregoing:

(i) providing legal services to Council and the Administration, and

(ii) appearing in all legal and administrative proceedings including commencing,

defending, and intervening in such proceedings to define, enforce and defend the

Municipality’s (and such other boards, authorities agencies and other entities as may be

required by Council) legal and equitable rights;

(b) compromise all actions, claims or demands against or by the Municipality and complete all

related documentation;

(c) accept service of all notices and other documents on behalf of the Municipality;

(d) provide any and all certificates or statutory declarations on behalf of the Municipality;

Rationale: This provision allows the CAO to serve as the municipal contact with legal counsel on

pending matters.

______________________________________________________________________________

Indemnification

The Municipality shall indemnify the Chief Administrative Officer provided that the Chief Administrative

Officer was acting in good faith to carry out the powers, duties and functions given to the Chief

Administrative Officer by this Bylaw, the Act, any other enactment, any other bylaw, resolution, policy or

procedure.

Rationale: This is a standard clause in CAO bylaws and employment contracts. It is a commitment that

the municipality will defend the CAO should the CAO be personally named in a legal matter, so long as

the CAO was not acting negligently or in bad faith.

_____________________________________________________________________________________

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CAO BYLAW REVIEW COMMITTEE MATERIAL DRAFT—JUNE 16, 2016

Interpretation

Any reference in this Bylaw to the Act, any other enactment, any other bylaw, resolution, policy or

procedure shall include all amendments thereto, all regulations and orders thereunder and any successor

thereto.

Rationale: This is a clause which is designed to ensure that any and all references made within this

bylaw remain in effect even if documents referenced (eg. The Municipal Act) are amended into the future.

_____________________________________________________________________________________

Conflict

In the event that the provisions of this Bylaw conflict with the provisions of any other bylaw, this Bylaw

shall prevail to the extent of the conflict.

Rationale: This provision is designed to ensure that the will of Council expressed within this bylaw is not

unknowingly at odds with another bylaw.

______________________________________________________________________________

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