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HomeMy WebLinkAboutCAO-013-18CAO Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 4, 2018 Report Number: CAO-013-18 Resolution: File Number: By-law Number: 2018-067 Report Subject: Appointment of Deputy Treasurer - Trevor Pinn Recommendations: 1.That Report CAO-013-18 be received; and 2.That the By-law attached to this Report (Attachment 1), which appoints Trevor Pinn as Deputy Treasurer, be approved. GG-409-18 Municipality of Clarington Page 2 Report CAO-013-18 1. Background 1.1 Nancy Taylor’s last official day with the Municipality is September 3, 2018. Effective September 4, 2018, she will be the Commissioner of Finance at Durham Region. The Region’s Finance Department will be in very good hands, but Clarington will be without a treasurer. 2. Discussion 2.1 The Municipal Act, 2001 provides that a municipality must appoint a treasurer. The treasurer is one of only 2 positions that a municipality must appoint (the other being a clerk). 2.2 Council may appoint a deputy treasurer “who shall have all the powers and duties of the treasurer under [the Municipal Act, 2001] and any other Act” (ss. 286(2)). 2.3 Under our current lame duck status, Council is restricted from appointing a treasurer / deputy treasurer. However, pursuant to ss. 275(4.1) of the Municipal Act, 2001, there is an exception in the event of an emergency. Not having a treasurer – a statutory officer of the corporation – is an emergency, and therefore Council has the power to appoint. 3. Recommendation 3.1 It is recommended that Trevor Pinn be formally appointed the Deputy Treasurer in accordance with the Municipal Act, 2001. Mr. Pinn began employment with the Municipality on January 2, 2018, and recently successfully passed his 6 month probation period. 3.2 Once appointed, Mr. Pinn will have the power to carry out the duties of the Treasurer while the position is advertised, interviews are conducted, and the position is permanently filled. At that time, the recommended Treasurer candidate will be brought forward to the new Council for formal appointment. 3.3 A special Council meeting to be held immediately following the September 4, 2018 General Government Committee meeting to ratify Mr. Pinn’s appointment. 3.4 Pending Council approval of the appointment, Mr. Pinn will be offered the position of Acting Treasurer to oversee all responsibilities of the Finance Department. 3.5 As a housekeeping matter, the existing By-law 2001-125 which appointed Nancy Taylor as the Treasurer and identified the Director of Corporate Services as the official designated with the powers to carry out responsibilities in the absence of the Director of Report Overview The Municipal Act, 2001 provides that a deputy treasurer may be appointed to have all the powers and duties of the treasurer. Council approval is sought to formally appoint Trevor Pinn as the Deputy Treasurer. Municipality of Clarington Page 3 Report CAO-013-18 Finance/Treasurer, needs to be amended. This amendment is reflected in the appointment by-law (Attachment 1). 4. Concurrence This Report has been reviewed by the Director of Corporate Services and Municipal Clerk who concur with the recommendations. 5. Conclusion It is respectfully recommended that the By-law attached to this Report (Attachment 1) be approved to appoint Trevor Pinn as Deputy Treasurer. 6. Strategic Plan Application Not applicable. Submitted by: Andrew C. Allison, B. Comm, LL.B Chief Administrative Officer Staff Contact: Andrew Allison, CAO, Ext. 2002 or aallison@clarington.net Attachment: Attachment 1 - By-law to appoint Trevor Pinn as Deputy Treasurer There are no interested parties to be notified of Council's decision. Attachment 1 to Municipality of Clarington Report CAO-013-18 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2018-XXX Being a by-law to appoint a Deputy Treasurer and to amend By-law 2001-125. Whereas subsection 286(2) of the Municipal Act, 2001 grants the Municipality the authority to appoint a deputy treasurer who shall have all the powers and duties of the treasurer under the Municipal Act, 2001 and any other act; and Whereas the Council of the Municipality of Clarington, through By-law 2001-125, had appointed the Director of Corporate Services to act in the absence of the Director of Finance/Treasurer. Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Trevor Pinn is appointed as Deputy Treasurer for The Corporation of the Municipality of Clarington. 2. Subsection 4 (b) of By-law 2001-125 is amended to delete the appointment of the Director of Corporate Services, and to appoint the Deputy Treasurer, to act in the absence of the Director of Finance/Treasurer. Passed in Open Council this 4th day of September, 2018. _____________________________________ Adrian Foster, Mayor _____________________________________ C. Anne Greentree, Municipal Clerk