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HomeMy WebLinkAboutCOD-002-07 Addendum UNFINISHED BUSINESS CIDlpn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8, 200? Resolution #: G..PA-4l:to. 01- Report #: ADDENDUM TO COD-002-0? File #: By-law #: Subject: ADDENDUM TO COD-002-07 MUSEUM GOVERNING BY-LAW UPDATE RECOMMENDATIONS: 1. THAT COD-002-0? be lifted from the table; 2. THAT COD-002-0? be received; 3. THAT the addendum to report COD-002-0? (Attachment #2) be received; 4. THAT Option A or B in report COD-002-0? be considered unnecessary as Council has appointed the Clarington Museum and Archives Board of Management; 5. THAT the amended by-law attachment #1 to Addendum Report to COD-002-0?, be forwarded to Council for approval; and 6. THAT the Museum Board and the Museum Administrator be advised of Council's decision. Attachment # 1: Proposed By-law 200? Clarington Museum and Archives Governing Terms of Reference Attachment # 2: Report COD-002-0? SUbmitledU~-=- ~ ~ Marie Marano, H.B.Sc., C.M.O. U Director of Corporate Services Reviewed by: ~~ ~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: ADDENDUM TO COD-002-07 PAGE 2 BACKGROUND AND COMMENT 1. Report COD-002-07 (copy Attachment #2) was presented to GPA on January 22, 2007. It was tabled at this meeting to allow discussion with the Clarington Museum and Archives Board on the proposed changes to the by-law. 2. Report COD-002-07 recommended consideration of two options with respect to the ongoing operation of the museum, either under the continued governance of the Board of Management, or under an Advisory Board structure. Council has since appointed the Museum Board thereby making the choice to continue under the existing Board of Management structure. Therefore there is no longer necessary for Council to choose between option A or B as outlined in Report COD-002-07. Notwithstanding the decision to continue under the present Board structure the by- law required some changes to bring it into conformity with current practices. 3. Staff met with Members of the Board on a number of occasions over the past few months to review proposed changes to the by-law. There have been a number of productive changes accepted by both sides to reflect current practice and policies. 4. The proposed amended by-law (Attachment #1) attached has been reviewed with the Museum Board, by the Museum Administrator. The Board has concurred with the proposed changes. 5. It is recommended that the attached by-law be forwarded to Council for approval for approval. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 ATTACHMENT #-LTO REPORT It Md€n(~j)lY\ +..; THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Lo]) -Oo2.-D"1- By-Law xx - 07 - Being a bylaw to establish a Board of Management to operate museums on behalf of the Municipality of Clarington and to repeal By-laws 79-67, 2002-45, 2003-56, 2003-155 and 2004-10 WHEREAS the Municipal Act SO 2001as amended authorizes the Council of a Municipality to maintain and operate museums and to appoint a Board of Management to act on its behalf for this purpose; AND WHEREAS it is desirable that a board be appointed and known as the CLARINGTON MUSEUM AND ARCHIVES BOARD for the purpose of operating Museums in the Municipality of Clarington; AND WHEREAS at their meeting held on May 22, 2007 the Council of the Municipality of Clarington adopted the recommendations contained in the Addendum to Report COD-02-07 as amended; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: 1. Location: a) THAT the building and grounds at 7086 Old Kirby School Road, in the Municipality of Clarington (former Township of Clarke) will be known as the CLARINGTON MUSEUMS and ARCHIVES - CLARKE MUSEUM; b) THAT the building and grounds fronting on Silver Street in the Municipality of Clarington will be known as the CLARINGTON MUSEUMS and ARCHIVES -BOWMANVILLE MUSEUM. The use of this building shall be in compliance with the donation set out in the terms of the Sarah Jane Williams indenture December 10, 1960; and c) THAT the building and grounds fronting on Temperance Street in the Municipality of Clarington will be known the CLARINGTON MUSEUMS and ARCHIVES - SARAH JANE WILLIAMS HERITAGE CENTRE. The use of this building shall be in compliance with the donation set out in the terms of the Sarah Jane Williams indenture December 10,1960. 2. Board of Management - a) Composition THAT the CLARINGTON MUSEUMS AND ARCHIVES BOARD shall be established to manage the Clarington Museum and Archives: - The Board shall consist of up to a maximum of 12 voting members comprised of, as reasonably possible: 8 Public Representatives being 2 members from each ward 1 member representative of the Friends of the Museum 1 member representative of the Newcastle Village and District Historical Society 2 appointed members of Council The Museum Administrator is an employee of the Board. The Board is responsible to Council. In the event that insufficient applications are received to fill the two (2) positions from each ward, members will be appointed from the remaining applications. b) Term The Board will serve a term coinciding with the term of the appointing Council and until its successors are appointed. c) Vacancy In the case of a vacancy by the death or resignation of a member or from any cause other than the expiration of the term for which the member is appointed, Council shall appoint another eligible person in the member's place for the unexpired portion of the term, in accordance with the Municipal Act. d) Remuneration The members of the Board shall serve without remuneration. e) Quorum The majority of the members of the Board constitute a quorum. 3. Conflict of Interest a) The Board shall be governed by the Municipal Conflict of Interest Act. b) No employee or member of Council shall have any contract, other than employment, with the Board or be pecuniary interested directly or indirectly in any contract work relating to the operations or functions of the Board. 4. Purchasina and Contracts a) Procurement In accordance with the Municipal Act section 270 (2) the Board shall by resolution, adopt procurement policies. The Municipal purchasing by-law may be used as adapted by the Board to the specific requirements of the Museum. b) Contracts/ Aareements/Leases Other than for normal operating or Administrative processes, the Museum Board will not enter any contract, or agreement which has the potential to commit funds, oblige, or encumber the Municipality without written Council approval, or specific approval detailed by resolution in the annual budget process. 5. Board Mandate Subject to such limitations and restrictions as Council may from time to time impose by bylaw or resolution, the Board may: a) Meeting Fix the times and places for meetings of the Board and the mode of calling and conducting the meetings and make regulations governing the conduct of its members and employees. b) Chair/Committees Elect a Chair, Vice Chair and committee chairs as determined necessary by the Board, all of whom shall hold office at the pleasure of the Board or for such period as the Board may prescribe. c) Employment Employ such full time and part time persons, prescribe their duties and fix their salaries and other benefits of employment as the Board considers to be necessary and appropriate provided that: (i) Council Approval: With the exception of a pool of ten casual part time employees, no person shall be employed as a full or part time officer or employee other than a student employee unless his or her employment is first approved by Council; (ii) Employment Contract: No contract shall be made with a new officer or employee of the Board nor shall a contract with a continuing officer or employee of the Board be amended in any respect without the prior approval of Council; (iii) Additional Employees: No full or part time officers or employees shall be added to the Board's complement of officers and employees except in accordance with the current estimates of expenditures for the Board approved by Council; and, (iv) Salaries. Benefits. Performance Appraisal In compliance with the Municipal Act, Section 270 (2), the Board shall by resolution, adopt hiring policies with respect to hiring of its employees. The Municipality's prevailing hiring policy will apply, as adapted by the Board to reflect the Museum specific requirements. The salaries and benefits of employment of all full and part time employees shall not exceed the type and percentage increases provided as salaries and / or benefits for full and part time employees of the Municipality and as provided for in the current estimates of expenditures approved by Council, for the years in question. The employment benefits offered will be with the same provider of the master benefit plan and will be governed by the rules and restrictions as applied to any Municipal plan. Performance Appraisal: The proposed annual performance appraisal program increases will be identified specifically in the budget estimates, and any increase shall not exceed the percentage merit increase in any step movement, available to Municipal employees. The Board will forward to the Municipal Clerk, for Council approval, the performance appraisal program policy, with the appropriate wage grid attached. Any changes to the policy or the grid will require Council approval. Annual Board recommended increases for salary or performance that are within the Council approved policy, and are within the increases approved for Municipal employees, will only need to be detailed in the annual budget estimates, for approval. (d) Hours of Ooeration Fix the hours when the Museums shall be open to the public and required payment of fees or charges for admission thereto or the use thereof and prescribe such fees and charges. (e) Admission Adopt policy for rules for the use of the Museums and for the admission thereto or the use thereof and prescribe such fees and charges. (f) Sales Sell literature of historical significance or interest sell within the museum souvenirs and refreshments at such prices as the Board may decide. (g) Publications Produce copy and distribute historical publications and documents related to the history of the Municipality. (h) Volunteer Groups Encourage and develop volunteer groups to assist in the further development of museums archives and historical matters within the Municipality: (i) History Develooment Carry out such others duties relating to the history and development of the Municipality as may be assigned by Council. 6. Meetings a) Public The meetings of the Board shall be open to the public, in accordance with Section 239(2) of the Municipal Act and no person shall be excluded there from except for improper conduct. b) Records The Board shall keep minutes of its meetings and all books papers and documents used in and pertaining to the business of the Board and all such minutes, books, papers and documents shall be open to the members of Council and to any other person or persons appointed for that purpose by Council in accordance with the Municipal Freedom of Information and Protection of Privacy Act. The minutes of all Board meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meeting. 7. Budget The Board shall on or before the 1st day of February in each year prepare and submit to Council an estimate of its financial requirements for the ensuing financial year and the Municipal Director of Finance shall pay to the Board out of the moneys appropriated for it by Council such amounts as maybe requisitioned from time to time Or shall pay the Museum accounts approved by the Board directly in respect to and to the limitations of the approved budget revenues and appropriation. 8. Donations The Board shall keep distinct and regular accounts of its receipts (including any private donations received by it and the terms, if any, upon which such donations were made) payments credits and liabilities. 9. Audit The accounts and transactions of the Board shall be audited by the Municipal Auditor in the same manner as the accounts of the Municipality and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to the Auditor's inspection at all times. Immediately after its accounts and transactions have been audited the Board shall submit the audited statement together with an annual report of its affairs to Council. 10. Museum Develooment Fund _ The Board may, with the approval of Council, establish a Museums Development Fund, into which donations and net revenues, if any, may be placed for future museum and archives development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. Any funds intended for purposes beyond the calendar year will be automatically turned over to the Municipality prior to December 31 5t of the year of receipt of funds, for deposit into Municipal accounts identified for Museum purposes, and will be maintained by the Municipality's Director of Finance. Original documents will be turned over to the Municipality upon receipt by the Museum. The Board will notify the Director of Finance of all such funds received and the Director of Finance will provide a status report semi-annually on reserve fund activities,- 11. Legacv Funds All legacy funds are to be forwarded within 10 business days after receipt by the Museum, to the Municipality along with all original documentation supporting such bequests. Funds will be invested on the Museum's behalf and accessible by request of the Board, based on the specific requirements of the will or based on Council's approval of projects identified for the use of such funds, as applicable. By-Laws #79-67,2002-45,2003-56,2003-155 and 2004-10, are hereby repealed. By-Law read a first time this _day of _2007 By-Law read a second time this _day of _2007 By-Law read a third time and finally passed this _ of _ 2007 Jim Abernethy, Mayor Patti L. Barrie, Clerk A TT ACHMENT #2 . CI!l!pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 22,2007 Resolution #: Report #: COD -02-07 File #: By-law #: Subject: MUSEUM GOVERNING BY-LAW UPDATE RECOMMENDA TIONS: 1. THAT COD-02-07 be received; 2. THAT Council provide direction on Option A or Option B: A. Option A: i. Continue to authorize the Clarington Museum and Archives Board to operate as a Board of Management on Council's behalf; ii. Approve the proposed amendments to the provisions of the existing governing by-laws #2002-45 and #2004-10 as provided for in the proposed by-law Governing Terms of Reference - attachment #1; iii. Repeal by-law 2004-010 and by-law 2002-45, iv. The amended by-law be forwarded to Council for approval; B. Option B: i. Establish the Clarington Museum and Archives Board to operate as an Advisory Board to provide Council with general guidance and recommendations on the cultural aspects of cultural, museum and archive operations; II. Repeal by-law 2004-10 and by-law 2004-45; iii. Incorporate the operation and administration of the Clarington Museum and Archives into the overall corporate organizational structure; and iv. The appropriate by-law to establish the Clarington Museums and Archives as an advisory Board, be forwarded to Council for approval; 3. THAT the Museum Board and the Museum Administrator be advised of Council's decision; and REPORT NO.: COD-02-D7 PAGE 2 4. THAT the Museum Board and the Museum Administrator be invited to attend an information meeting with the Chief Administrative Officer, Director of Finance, Director of Operations and the Director of Corporate Services, to communicate the contents of the amended by-law and the implications of Council's decision under Option A or Option B. Attachment # 1: Proposed By-law 2007 Clarington Museum and Archives Governing Terms of Reference Attachment # 2: By-law 2002-45 Attachment # 3: By-law 2004-10 4f Submitted by: ~ Marie Marano, /. .Sc., C.M.O. Director of Corporate Services O~~n Reviewed by: ~ ~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: COD-02-o7 PAGE 3 BACKGROUND AND COMMENT 1. Existing By-law The existing Museum Operating by-law 2002-44 was structured to establish the Clarington Museum Transitional Board, and to set out the operating protocol for the Museum. By-law 2004-10 amended by-law 2002-45 to provide an update to the Board composition. There are two options described herein for Council's consideration. Under either option, there is a recommended change to the by-law. The existing by-laws have been in place since 2002, and a number of matters have evolved with the combined operation of the Clark and Bowmanville branches under the single Clarington Museum and Archives structure. If Council endorses moving to an advisory board structure, the appropriate by-law should be forwarded to Council for approval, and the existing by-laws would be rescinded. 2. Options for Continued Operation of the Museum and Archives Two options are presented for Council's consideration for ongoing operation of the Clarington Museum and Archives: Option A: Board of Manaaement The existing by-law provides for the Board to operate the Museum on behalf of Council, with its activities governed by the by-law. The governing by-law language has resulted in different interpretation by the Board and Council on certain matters. Consequently it is recommended that, if the Board is to continue under the current mandate, it would be helpful to provide clarification and definition of some of the clauses of the existing by-law along with consolidation of the relevant clauses the by-laws. These changes are incorporated into the proposed updated by-law - attachment #1. The major changes to the by-law include reference to use of/and access to funds, clarification of the process for contracting of services and commitment of the Municipality resulting from entering into of agreements as well the definition of capital assets/projects requiring Council approval. The format of the by-law has been changed to categorize segments for ease of reference. It also suggests that the Municipal CAO become the Administrative authority to provide direction to the Museum Administrator for decisions that the Board otherwise make, during the transition timeframe between elections and new Board appointments. REPORT NO.: COO-D2-07 PAGE 4 Option B: Advisory Board Council has the ability under the Municipal Act, to dissolve the Board and provide for Museum operations to be incorporated into the corporate structure. Should Council deem that this would be of benefit to the continued operation of the Museum; the Board could be structured as an advisory board for the purpose of providing recommendations and advice on cultural, historical and archival matters of interest to the Municipality. It would operate similar to other advisory boards such as the Agriculture Advisory Board, and would not be responsible for making decisions related to finance, budget or employment as provided for under the current Board of Management structure. This option would require the existing by-laws to be rescinded, and the general terms of reference for the advisory board would be defined and forwarded to Council for approval. The operation of the museum would be absorbed into the overall corporate organizations structure. 3. Meeting with Board It is suggested that the newly appointed Museum Board be given an opportunity to meet for the purpose of communicating the decision of Council, and the proposed new by-law, under either option. The meeting would be hosted by the Chief Administrative Officer. It is suggested that the Director of Finance, Director of Operations and the Director of Corporate Services be present at the meeting in order to answer any questions or concerns of the Board or the Museum Administrator. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905}623-3379 F (905}623-6506 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT #1 By-Law 2007- ( Being a bylaw set out the Governing Terms of Reference for the Clarington Museums and Archives Board and to consolidate the details of the establishing by-law 2002-45 and 2004-10, and thereafter repeal by-laws 2002-45 and 2004-10 WHEREAS the Municipal Act RSO 1990 c M. 45 as amended S.207 (58) authorizes the Council of a Municipality to maintain and operate museums and to appoint a Board of Management to act on its behalf for this purpose; AND WHEREAS by-law 2002-45 established a Board of Management (the Board) as recommended in the Addendum to Report CSD-07-02, to operate the combined Clarke and Bowmanville Museums as the Clarington Museums and Archives (the Museum), and by-law 2004-10 amended by-law 2002-45 to clarify the Board composition, and it is desirable to now consolidate the details of these two by-laws and update the governing rules and terms; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: A. APPLICATION OF BY-LAW 1. Interpretation: any difference in the interpretation of the terms outlined in this by-law will default to the Council interpretation or to the Municipal Chief Administrative Officer in any situation where Council is not in session. 2. Limitations and Restrictions of Board: Council authorizes the Board to operate the Museum within the terms of this by-law and subject to the conditions contained herein. Council may change any of the limitations or terms of any part of this by-law from time-to-time by by-law, resolution, direction to the Chief Administrative Officer of the Municipality, or otherwise: 3. Policies: The Museum will generally be governed by the prevailing Corporate and Administrative policies of the Municipality. The Museum Board may adjust the policies to relate to the specifics of the Museum, however the intent and principle of the Municipal policy will be the default interpretation in any question of interpretation of policy. 4. Documents & Records: All documents, records and books of record shall be available for inspection at any time by Council, and shall be turned over to Council immediately at it request. B. CLARKE MUSEUM and ARCHIVES BOARD: B.1 1) Board Member Composition Shall consist of up to a maximum of 12 voting members comprised of, as reasonably possible: 8 Public Representatives being 2 members from each ward 1 member representative of the Friends of the Museum 1 member representative from the Newcastle Village and District Historical Society 2 appointed members of Council and one ChairNice Chair The Board will select from among their members, by consensus vote, a Chair and a Vice-Chair, who will serve in that capacity for the term of the Board appointments. 2) Vacancy I Insufficient Applications In the event that insufficient applications are received to fill the 2 positions from each ward, members will be appointed from the remaining applications. Council may determine that the Board shall consist of less than the 12 members if the applications are not sufficient or if applications are not deemed by Council to be acceptable. In the case of a vacancy by the death or resignation of a member or from any cause other than the expiration of the term for which the member is appointed, Council may appoint another eligible person in the member's place for the unexpired portion of the term. B.2 Board Authoritv. Appointment. and Term 1 ) Authority The Board of Management operates the Clarington Museum and Archives on behalf of Council and serves entirely at the pleasure of Council. The Board is authorized to act only as provided for, and in accordance with the terms set out in this by-law. 2) Appointments The appointments to the Board Member position shall be at the pleasure of Council and are subject to removal at the direction of Council. 3 ) Term The Board will serve a term coinciding with the term of Council. If Council is in the position of being lame-duck, the provisions of the transition period apply. 4) Transition Period - End of Term to New Board Appointment The Municipal Chief Administrative Officer will provide direction regarding Museum administrative and operating matters to the Museum Administrator during the time between the end of the term of Council and the Board, or where a lame-duck Council exists, until the Board assumes its duties at the first regularly scheduled meeting of the newly constituted Board. B.3 Board Member Compensation The members of the Board shall serve without remuneration or compensation in any form. B.4 Conflict of Interest - Code of Ethics I Pecuniary Interest 1) No members of the Board or of Council shall have any contract with the Board or be pecuniary interested directly or indirectly in any contract work relating to the operations or functions of the Board or activities of the Museum. 2) The Board shall be governed by the prevailing Code of Ethics Policy of the Municipality of Clarington. ( 8.5 3) The Board and all Museum employees will be governed by conflict of interest practices and the no-benefit provisions related to the purchase of goods or services as set out in the prevailing Municipal Purchasing By-law and policy. Meetinas 1 ) Meetina Schedule The Board will as reasonably possible, set a monthly meeting date, with the exception of July and August. Meetings outside of normally scheduled meetings will be at the call of the Museum Chair. Meetings will be scheduled for the year and approved by the Board at a regularly scheduled meeting. The meetings of the Board shall be open to the public and no person shall be excluded there from except for improper conduct. 2) Quorum The majority of the members of the Board constitute a quorum. If a quorum is not present, the meeting will be adjourned and an alternate meeting date will be scheduled by the Chair in consultation with the Vice-Chair, with notice to be communicated to the Board members 5 days in advance of the re-scheduled meeting date. 3) Business Conducted Business to be conducted at the scheduled meeting will be set out in an agenda with sufficient detail to be able to make a decision at the scheduled meeting. The agenda will be circulated at 3 days in advance of the meeting, where reasonably possible. All decisions of actions taken by the Board, or to be undertaken, or direction to Museum staff outside of normal operating procedures in compliance with this by- law, shall be documented by resolution in minutes taken at the meeting. The Board may fix the times and places for meetings of the Board and the mode of calling the meetings and make regulations governing the conduct of its members and employees at such meetings. 4) Minutes The Board shall keep minutes of its meetings and all books papers and documents used in and pertaining to the business of the Board and all such minutes, books, papers and documents shall be open to the members of Council and to any other person or persons appointed for that purpose by Council in accordance with the Municipal Freedom of Information and Protection of Privacy Act. 5) Confidential Meetina /Minutes/Records The Board shall conduct confidential or closed meetings as identified on the agenda, only for the purposes of discussing, personnel, legal, or property detailed information. Confidential minutes shall be kept of all actions taken in confidential meetings, with decisions set out in resolution form. Minutes Submitted to Municipal Clerk The minutes of all Board meetings, including confidential or closed meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meeting. Minutes will be included in Council agendas with in-camera minutes circulated by the Clerk to the Members of Council under separate confidential cover. C. MUSEUM ADMINISTRATOR: 1) Board Meetinos and Authorization: The Museum Administrator, or such other position authorized by Council to perform similar duties, shall attend each Board Meeting for the purposes of providing information on the status of all museum matters, providing advice, and seeking authorization and direction from the Board and I or Councill and lor the Municipal Chief Administrative Officer within the Terms of Reference of this by- law. The Museum Administrator is not considered a Board Member. The Museum Administrator will take, or arrange for the minutes of all meetings to be recorded. 2) Vacant or Absent Position The Municipal Chief Administrative Officer shall have authority to appoint appropriate staff to perform the administrative and operating functions of the Museum, should the position of Administrator become vacant or absent for any reason or for any length of time over and above Board approved normal and approved vacation, or Board approved short term approved leave of absence, not extending beyond 4 weeks. In such an event of vacant or absent position, the Chief Administrator will advise Council and the Board of actions taken. Authorization for action outside of the normal operating activities will be provided by Council. D. GOVERNING TERMS - OPERATING 0.1 Hours of ODeration & Patron Use - The Board may: 1. Fix the hours when the Museums shall be open to the public 2. Set required payment of fees or charges for admission thereto or the use thereof and prescribe such fees and charges. 3. Adopt policy for rules for the patron use of the Museums and the admission or prescribe such fees and charges. 0.2 Historical Interests - The Board may authorize: 1. Sale of Product: Sell literature of historical significance or interest. Sell within the museum, souvenirs and refreshments at such prices as the Board may decide. 2. Publications: Produce copy and distribute historical publications and documents related to the history of the Municipality. 3. Volunteer Groups Encourage and generally assist volunteer groups with the further development of museums archives and historical matters within the Municipality, without expenditure of funds unless identified and approved by Council in the annual budget, or unless the funds are nominal in total. 4. History & Development Carry out such others duties relating to the history and development of the Municipality as may be assigned by Council. 0.3 Contracts/aareements The Museum will not enter any agreement for provision of service or goods, without prior written approval of the Council unless the goods or service has been identified with all the relevant terms and conditions as part of the annual budget approval process and such agreement is applicable to the current budget year under approval. The Museum does not have the authority, without express written Council approval, to commit Council or the Museum legally, financially or otherwise to any contract or agreement for any purpose. 0.4 Emplovment I Compensation 1) Pavroll / Comoensation Documents - The Board will Provide the Clerk: a. A copy of all payroll/compensation policies adopted by Board to Council, with any updates as they are applied to any payroll or compensation policy. b. A copy of any performance appraisal system program procedure and policy. Such policy will mirror the Municipal Performance Policy and program, including the number of step increases to reach job rate. c. A list of all current employees, updated annually or as employees other than student or tour guides are added or deleted. 2) Emolovment Offers - With orior aooroval of Council fother than studentl: a. Generate offer of employment letters following the standard format letters used by the Municipality, for full-time and part-time persons. b. Prescribe their duties c. Set their salaries and other benefits of employment as the Board considers to be necessary and appropriate provided that: 1. No contract shall be made with a new officer or employee of the Board nor shall a contract with a continuing officer or employee of the Board be amended in any respect without the prior approval of Council; 2. No full or part time officers or employees shall be added to the Board's complement of officers and employees except in accordance with the current estimates of expenditures for the Board approved by Council; and, 3. The salaries and benefits of employment of all full and part time officers and employees shall not exceed the salaries and benefits for full and part time officers and employees of the Board provided for in the current estimates of expenditures approved by Council and such benefits shall not exceed those offered to Town employees in the years in question. 4. The employment benefits offered will be with the same provider of the master benefit plans, and will be governed by the rules and restrictions as applied to any Municipal plan. 5. The proposed annual performance appraisal program increases will be identified specifically in the budget estimates, and any increase shall not exceed the percentage merit increase in any step movement, available to Municipal employees. 3) Pavroll Services The Municipality will process the payroll for the Museum employees, and will invoice the Museum for repayment of applicable payroll related charges, without administrative surcharge. E. FINANCIAL MATTERS E.1 Property and Assets The capital assets including fixtures, land, structures and buildings are the property of the Municipality. Any proposed capital addition, deletion, or change to the fixture, structure, grounds, or intended use of such capital asset, shall be submitted in writing, through annual budget or Board resolution, for approval and authorization of Council, in advance of any change being undertaken. Subject to Council amendment or restriction, the following property will be under the general operation of the Museum Board. 1. CLARKE BRANCH: The building and grounds on the southeast corner of Church and Centre Streets (Municipal Address- 7086 Old Kirby School Board) in the Municipality of Clarington (former Village of Orono) will be known as the CLARINGTON MUSEUM-CLARKE BRANCH. 2. BOWMANVILLE BRANCH: the building and grounds fronting on Silver and Temperance Streets (Municipal Address- 37 Silver Street) in the Municipality of Clarington (former Town of Bowmanville) be known as the CLARINGTON MUSEUM-BOWMANVILLE BRANCH. 3. SARAH JANE WILLIAMS CENTRE: The main floor of the building, the basement and grounds fronting on Temperance Street (Municipal Address-62 Temperance Street) be dedicated to the CLARINGTON MUSEUM BOARD for use as archival display, program, meeting and office space upon its availability. The use of this building shall be in compliance with the donation set out in the terms of the Sarah Jane Williams indenture December 10, 1960. E.2 Audit The accounts and transactions of the Board shall be audited by the Municipal Auditor in the conjunction with the audit of the Municipality and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to the Auditor's inspection at all times. Immediately after its accounts and transactions have been audited the Board shall submit an annual report of its affairs to Council. Council may from time to time authorize the Municipality to undertake an internal audit by its Finance Department or to co-ordinate an independent audit for any matter, by the Municipality's auditors at any time. E.3 Revenue and Funds 1. Funds from Sale of Product ( The Museum may hold funds received for the sale of small historical type product as provided for in this by-law, with the supporting documents and receipts available for review by the Municipality at any time. Such funds will be identified for use in the annual budget calculations to offset operating expenditures. 2. Surplus Funds Surplus funds resulting from under expenditure or otherwise, in excess of the value of one month's normal operating expenses, will automatically be remitted to the Municipal Director of Finance by January 31 of the surplus year. The Municipality will identify these funds as Museum surplus and deposit them in the Municipality's accounts identified for Museum purposes. The Museum will identify the surplus funds in the preparation of the following year's budget estimates, for the purpose of offsetting proposed budget expenditures. Remittance of the surplus funds to the Museum will be included in the annual budget allocation, approved by Council. 3. Reserve Funds Reserve Funds, term deposits or any other financial vehicle will not be set up or held by the Museum. Any such funds received by the Museum from any source will be automatically turned over to the Municipality for deposit into Municipal accounts identified for Museum purposes, and will be maintained by the Municipality's Director of Finance. Access to such funds will be by written request of the Museum Board to Council or by the Director of Finance for projects as approved by Council in the annual budget. The Reserve Funds may be supported by any contributions made to the Museum, bequests to the Municipality or the Museum for historical or related purposes, or the Municipality may have an annual contribution provided for in the annual budget from the tax levy for museum purposes. Use of the Reserve Funds identified in the annual municipal budget will be used for the purposes of the museum as determined appropriate by Council. 4. Bequests, Legacy, Donations, or Wills All original documentation and any funds received by the Museum through bequests, donations, legacies, wills or any other means, will be automatically sent to the Municipality in its original form. The Municipality will maintain the original documents under the custody of the Clerk, and any associated funds will be maintained by the Municipality for the purposes it was intended. Access to the funds will be by written Board resolution to be approved by Council, or by Council direction, provided the use is for the purpose intended. 5. Petty Cash The Museum may retain a nominal petty cash fund for purchases of small items. All items acquired through petty cash will be documented for approval by the Museum Administrator, and allocation of the items to the appropriate expense account will be recorded as part of the monthly financial recording. No payment of any remuneration for any type of employment, tour guide, or other such function will be made through petty cash. E.4 Multi-Year Fundraisina For Capital Purposes Funds raised through fundraising drives and other mechanisms anticipated to take place beyond a calendar year time frams shall be transferred to the Municipality for deposit into Municipal accounts intended for Museum purposes. Receipts for charitable purposes shall be provided to all donors in compliance with the Income Tax Act. E.5 Expenditures No expenditures shall be paid unless based on appropriate supporting documentation. All cheques should be signed by two authorized signatories. The Museum Administrator shall report on a regular basis to the Museum Board on the status of the accounts with respect to budget with variances explained and documented through the minutes of the Museum Board. E.6 Budaets The Board shall on or before the 1 st day of February in each year prepare and submit to Council an estimate of its financial requirements for the ensuing financial year. The Municipal Director of Finance shall pay to the Board a portion of the moneys approved in the prior year for normal operating expenses until the current year's budget is approved. The Director of Finance may pay a portion of the approved budget ba'sed on Board requisition Or shall pay the Museum accounts approved by the Board directly in respect to and to the limitations of the approved budget revenues and appropriation. The Director of Finance is authorized to withhold payment of such requests based on reasonable grounds, and will report to Council any such action undertaken. BY.LAWS Repeal of By-laws: #2002-45, and by-law # 2004-10 Effective Date of BY-law: This By-Law shall take effect on the 1 st day of February 2007 By-law read a first time this 29th day of January 2007 By-law read a second time this 29th day of January 2007 By-law read a third time and finally passed this 29th day of January 2007 MAYOR CLERK ? : .. II. ,.,," ,,! .. ,(!i'l;,i:'~;U i~ \' AMEr,l)!::U GY (!, "i..AVi ~,tR:~:~~t,. ~"'3 CJ f.l\',~"w#j;'"'~'''-;!''~TTACH ENT #2 tJ ('.';;" "a'?Q.<?~ ;($.$ :..'.'!'.Ni:Ji;,i Ill' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~. _~:J ~~i::..?1 <> By-Law 2002-045 being a by-law to establish a Board of Management to operate museums on its behalf - Clarington Museum Board. WHEREAS the Municipal Act, R.S.O. 1990, c M.45, as amended, S.207(58), authorizes the Council of a Municipality to maintain and operate museums and to appoint a Board of Management to act on its behalf for this purpose; AND WHEREAS it is desirable that a board be appointed and known as the CLARINGTON MUSEUM BOARD for the purpose of operating Museums in the Municipality of Clarington; AND WHEREAS at their meeting held on April 29th, 2002, the Council of the Municipality of Clarington adopted the recommendations contained in the Addendum to Report CSD-07-02; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: 1. THAT the buildings and lands as per Schedule "A" attached hereto shall be known as the CLARINGTON MUSEUM - CLARKE BRANCH; and, 2. THAT the buildings and lands as per Schedule "A" attached hereto shall be known as the CLARINGTON MUSEUM - BOWMANVILLE BRANCH; and, 3. THAT the main floor of the existing Bowmanville Library located at 62 Temperance Street, Bowmanville, as per Schedule "A" attached hereto be dedicated to the Clarington Museum Board for use as archival, display, program, meeting and office space upon its availability, 4. THAT the CLARINGTON MUSEUM - CLARKE BRANCH, CLARINGTON MUSEUM - BOWMANVILLE BRANCH, and main floor of the existing Bowmanville Library (upon its availability), shall be managed by a Board of Management known as the CLARINGTON MUSEUM BOARD. S. THAT the CLARINGTON MUSEUM BOARD shall be established to manage the Clarington Museum - Clarke Branch, Clarington Museum _ Bowmanville Branch and main floor of the existing Bowmanville Library (upon its availability) until the expiry of the term of the existing Boards. a) The CLARINGTON MUSEUM BOARD shall consist of eleven (11) members, comprised of eight (8) voting members (two (2) members from each ward); of which one member will be a representative of the Friends of the Museum; two (2) appointed voting members of Council; and one (1) non-voting Museums Administrator. b) In the case of a vacancy by the death or resignation of a member, or from any cause other than the expiration of the term for which the member is appointed, Council shall appoint another eligible person in the member's place for the unexpired portion of the term. " :. ....... .. " " ( 6. The members of the Board shall serve without remuneration. 7, The majority of the members of the Board constitute a quorum. 8. No members of the Board, or of Council, shall have any contract with the Board, or be pecuniarily interested, directly or indirectly, in any contract work relating to the operations or functions of the Board. 9, Subject to such limitations and restrictions as Council may from time-to- time impose, by by-laws, resolution or otherwise, the Board may: a) Fix the times and places for meetings of the Board, and the mode of calling and conducting the meetings, and make regulations governing the conduct of its members and employees. b) Elect a Chairman, Vice-Chairman and Secretary-Treasurer, all of whom shall hold office at the pleasure of the Board; or for such period as the Board may prescribe. c) Employ such full-time and part-time persons, prescribe their duties, and fix their salaries and other benefits of employments as the Board considers to be necessary and appropriate provided that: i) No person shall be employed as a full or part time officer or employee other than a student employee unless his or her employment is first approved by Council; ii) No contract shall be made with a. new officer or employee of the Board, nor shall a contract with a continuing officer or employee of the Board be amended in any respect without the prior approval of Council: Hi) No full or part time officers or employees shall be added to the Board's complement of officers and employees except in accordance with the current estimates of expenditures for the Board approved by Council; and, iv) The salaries and benefits of employment of all full and part time officers and employees shall not exceed the salaries and benefits for full and part time officers and employees of the Board provided for in the current estimates of expenditures approved by Council and such benefits shall not exceed those offered to Town employees in the years in question. d) Fix the hours when the Museums shall be open to the public. and required payment of fees or charges for admission thereto or the use thereof, and prescribe such fees and charges. e) Adopt policy for rules for the use of the Museums and for the admission thereto or the use thereof, and prescribe such fees and charges. f) Sell literature of historical significance or interest, sell within the museum, souvenirs and refreshments at such prices as the Board may decide, ( ." ~_. .' ", g) Produce, copy and distribute historical publications and documents related to the history of the Municipality. h) Encourage and develop volunteer groups to assist in the further development of museums, archives and historical matters within the Municipality. i) Carry out such others duties relating to the history and development of the Municipality as may be assigned by Council. 10. The meetings of the Board shall be open to the public, and no person shall be excluded there from except for improper conduct. 11 . The Board shall keep minutes of its meetings and all books, papers and documents used in, and pertaining to the business of the Board, and all such minutes books, papers and documents shall be open to the members of Council and to any other person or persons appointed for that purpose by Council; in accordance with the Municipal Freedom of Information and Protection of Privacy Act. The minutes of all Board meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meeting. 12. The Board shall, on or before the 1st day of February in each year, prepare and submit to Council, an estimate of its financial requirements for the ensuing financial year, and the Municipal Director of Finance shall pay to the Board, out of the moneys appropriated for it by Council, such amounts as may be requisitioned from time-to-time. (Or shall pay the Museum accounts approved by the Board directly, in respect to, and to the limitations of, the approved budget, revenues and appropriation.) 13. The Board shall keep distinct and regular accounts of its receipts (including any private donations received by it and the terms, if any, upon which such donations were made), payments, credits and liabilities. 14. The accounts and transactions of the Board shall be audited by the Municipal Auditor in the same manner as the accounts of the Municipality and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to the Auditor's inspection at all times. 15. Immediately after its accounts and transactions have been audited, the Board shall submit the audited statement, together with an annual report of its affairs, to Council. 16.The Board may, with the approval of Council, establish a Museums Development Fund, into which donations and net revenues, if any, may be placed for future museum and archives development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. 17. This By-Law shall take effect on the 1st day of January 2004; and, the appointments shall be at the pleasure of Council and, unless sooner removed, the members shall hold office until the expiration of the term of Council that appointed them and until their successors are appointed. ( . .W'~. ..,j . ~. . -. By-Law read a first time this 29th day of April 2002. By-Law read a second time this 29th day of April 2002. By-Law read a third time and finally passed this 29th day of April 2002. :..~'7...'~' '. . ---( /::"-~Jd~ .,~_ ---c- ;' ........... .' ';"--': M' ;;.('0.' R .:.__.~,'J'~".~. t\T . .. - . ~ ".- u _ ... .... . - .-. ~.~~. ~ ,',.- "... .... ~--- CLERK .' ...-.... ,'" . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Schedule "A" to By-Law # 2002-045 1. That the building and grounds fronting on Silver and Temperance Streets (Municipal Address - 37 Silver Street) in the Municipality of Clarington (former Town of Bowmanville) be known as the CLARINGTON MUSEUM - BOWMANVILLE BRANCH. 2. That the building and grounds on the south east comer of Church and Centre Streets (Municipal Address - 7086 Old Kirby School Board) in the Municipality of Clarington (former Village of Orono) be known as the CLARINGTON MUSEUM - CLARKE BRANCH 3. That the main floor of the building and grounds fronting on Temperance Street (Municipal Address - 62 Temperance Street) be dedicated to the CLARINGTON MUSEUM BOARD for use as archival, display, program, meeting, and office space, upon it's availability. THE CORPORATION OF THE MUNCIlPALlTY OF CLARINGTON By-Law 2004-010 Being a by-law to amend By-law 2002-045, a by-law to establish a Board of Management to operate museums on its behalf- Clarlngton Museums and Archives Board and to repeal By-law 2003-196 WHEREAS in accordance with Section 58 of the Municipal Act, R.S.O. 1990. c.M.45, as amended, the Council of the Corporation of the Municipality of Clarington passed By-law 2002-045 on April 29. 2002 to establish a Board of Management to operate museums on its behalf, referred to as the Clarington Museum Board; AND WHEREAS at a meeting held on January 19, 2004, the Council of the Corporation of the Municipallty of Clarington adopted the recommendations contained in Report CLD-02-04; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington Hereby Enacts as follows: 1. That Section 5. a) of By-law 2002-045 be deleted in its entirety and replaced with the following; 5. a) The Clarington Museums and Archives Board shall consist of thirteen (13) members, comprised of eight (8) voting members (two (2) members from each ward), one (1) voting member who shall be a representative of the Friends of the Museum. one (1) voting member who shall be a representative of the Newcastle Village and District Historical Society, two (2) appointed voting members of Council and one (1) non-voting Museums Administrator. 2. That Section 5. b) of By-law 2002-045 be amended by renumbering it as Section 5. c). 3. That a new Section 5. b) be added as follows: 5. b) In the event that insufficient applications are received to fill the two (2) positions from each ward, members will be appointed from the remaining applications. 4. That By-law 2003-196 be repealed. By-law read a first and second time this 19t1h day of January 2004. By-law read a third time and finally passed this 19th day of January 2004. ~~~ ATTACH ENT#3