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Home My WebLink AboutADM-06-06 cmr.-YJgron REPORT ADMINISTRATION Meeting: General Purpose and Administration Committee Resolution #: G P A - 3<6 d ~o b . By-law #: dCJ00 -- d-Qd- Date: October 2, 2006 Report #: ADM-06-06 File #: Subject: REPEAL OF BY-LAW 2001-141 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ADM-06-06 be received; 2. THAT By-law 2001-141 as amended, be repealed; and 3. THAT Mr. Richard Ward be advised of Council's decision. Submitted By: 0 ~ ~, Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: ADM-06-06 PAGE 2 ______________________________________________________________________ 1.BACKGROUND 1.1 Mr. Richard Ward appeared before Council on September 11, 2006 requesting his legal representative be allowed to negotiate for the repeal of By-law 2001-141 and By-law 2003-171 (copy attached). The subject matter was referred to the Chief Administrative Officer to follow up with Mr. Ward. 1.2 In a brief telephone conversation with Mr. Ward on September 22, 2006, Mr. Ward requested By-law 2001-141 and Amending By-law 2003-171 be repealed and all information leading to the passage of the By-laws be disclosed. 1.3 The reasons leading to the passing of By-law 2001-141 are contained in the pre-amble section which read: “WHEREAS Council is satisfied that Richard Ward of 3709 Regional Road No. 9, Orono, Ontario, on several occasions, has verbally abused certain employees at the Municipal Administrative Centre and on one recent occasion at the Orono Works Yard of the Municipality of Clarington; AND WHEREAS the verbal abuse is not compatible with the maintenance of a safe and secure work environment for employees and members of council so that they can discharge their duties to the public without constraint; AND WHEREAS Council is satisfied that if Richard Ward continues to be permitted to enter the Municipal Administrative Centre and Orono Works Yard without restriction, the verbal abuse is likely to be repeated and that repetition of it will improperly constrain affected employees and members of council in the discharge of their duties.” 1.4 In accordance to the Council minutes taken on July 6, 2001, Council met in Closed Session for the purpose of discussing a legal matter. The Chief Administrative Officer was not present at that meeting but has ascertained that the discussion held during the Closed Session was related to matters pertinent to the passing of By-law 2001-141. Except for Councillor Trim, all members of Council were present in addition to the Municipal Solicitor, the Acting Chief Administrative Officer, the Municipal Clerk, and Inspector Tom Cameron from the Durham Regional Police. COMMENTS: 2. 2.1 Paragraph 3 of the By-law provides for the Chief Administrative Officer to grant entry permission to Mr. Ward for those situations where the normal mean of communication REPORT NO.: ADM-06-06 PAGE 3 ______________________________________________________________________ would not be feasible. In this regard, Mr. Ward has made several requests over the last five years and the Chief Administrative Officer has granted entry permission to every request. 2.2 Since the passing of By-law 2001-141, there has not been any reported incident or complaint from any staff member pertinent to Mr. Ward’s approach or manner in dealing with municipal staff. It would appear the continuation of By-law 2001-141 would not serve any useful purpose and the Chief Administrative Officer would recommend the By- law be repealed. 2.3 Repealing of the By-law does not preclude Council from re-enacting a similar By-law in the future should circumstance warrant such action in the future. ATTACHMENT # 1.. TO REPORT II ADH' 0(., - ob J.\i'~i':I~~_._) ~l BY-LAW 1I~.Qp.~..-J."7J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001-141 Being a By-law to maintain a safe and secure work environment at the Municipal Administrative Centre and the Orono Works Yard WHEREAS Council is satisfied that Richard Ward of 3709 Regional Road No.9, Orono, Ontario, on several occasions, has verbally abused certain employees at the Municipal Administrative Centre and on one recent occasion at the Orono Works Yard of the Municipality of Clarington; AND WHEREAS the verbal abuse is not compatible with the maintenance of a safe and secure work environment for employees and members of council so that they can discharge their duties to the public without constraint; AND WHEREAS Council is satisfied that if Richard Ward continues to be permitted to enter the Municipal Administrative Centre and Orono Works Yard without restriction, the verbal abuse is likely to be repeated and that repetition of it will improperly constrain affected employees and members of council in the discharge of their duties; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON enacts as follows: 1. Except for a purpose listed in section 2, Richard Ward is not permitted to enter the Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario and the Municipality's Orono Works Yard, 3585 Taunton Road, Orono, Ontario, without the prior written permission of the Chief Administrative Officer. 2. Notwithstanding section 1, Richard Ward may enter the Municipal Administrative Centre for the purpose of: a) attending hearings of the Municipality's Property Standards Committee or the Committee of Adjustment respecting matters that affect the property in which he resides at 3709 Regional Road No.9, Orono, Ontario; b) attending public meetings of Council and the General Purpose and Administration Committee provided that he complies with the rules of conduct which apply to all persons who attend these meetings; c) attending hearings of the Ontario Municipal Board and the Assessment Review Board respecting matters that affect the property in which he resides at 3709 Regional Road No.9, Orono, Ontario. 3. In determining whether to give the written permission referred to in section 1, the Chief Administrative Officer shall be satisfied that the purpose of the proposed entry by Richard Ward is one that could not be reasonably achieved by communication with staff or members of council by telephone, telefax or mail, and that Richard Ward's statement of his requested entry is made in good faith. . ./" - 2- 4. Richard Ward be given notice of the passing of this by-law. 5. A person who contravenes any provision of this by-law is guilty of an offence and liable to a fine on conviction as provided in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 6. This by-law comes into effect on the day on which it is finally passed. By-law read a first and second time this 6th day of July 2001. By-law read a third time and finally passed this 6th day of July 2001. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-171 being a by-law to amend By-law 2001-141 WHEREAS Council of the Municipality of Clarington deems it expedient to amend By-law 2001-141, NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. By-law 2001-141 is amended by renumbering sections 4, 5 and 6 as sections 5, 6 and 7 and by adding a new section 4 as follows: "4. None of the provisions of this By-law shall apply or shall be deemed to apply to prohibit Richard Ward from entering the lands and premises referred to in section 1 for any purpose provided for in the Municipal Elections Act, 1996, S.O. 1996, c.32, Sch., s. 1 (1), as amended or for the purpose of hearing the Municipal Clerk announcing to the public the results of a regular election or a by-election conducted under the Municipal Elections Act, 1996, as amended." 2. Richard Ward shall be given notice of the passing of this By-law. 3. This By-law comes into effect on the day on which it is finally passed. By-law read a first time this 31 st day of October, 2003. By-law read a second time this 31st day of October, 2003. By-law read a third time and finally passed this 31st day of October, 2003. ATTACHMENT # ~ TO REPORT # Abro-CL{". ()~" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a by-law to Repeal By-law 2001-141, a By-law to maintain a safe and secure work environment at the Municipal Administrative Centre and the Orono Works Yard WHEREAS on October 2, 2006 the Council of the Corporation of the Municipality of Clarington enacted By-law 2001-141; and WHEREAS on October 16, 2006 the Council of the Corporation of the Municipality of Clarington adopted the Recommendations contained in Report ADM-006-06; NOW THEREFORE BE IT ENACTED: 1. THAT By-law 2001-141, as amended, is hereby repealed. By-law read a first time this XXth day of October 2006. By-law read a second time this XXth day of October 2006. By-law read a third time and finally passed this XXth day of October 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk