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HomeMy WebLinkAbout2007-138THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By-Law 2007-138 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 2001 as 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 Village of Orono) will be known as the CLARINGTON MUSEUMS and ARCHIVES - CLARKE MUSEUM; b) 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) 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 at 62 Temperance Street Bowmanville, will be known the CLARINGTON MUSEUMS and ARCHIVES - SARAH JANE WILLIAMS HERITAGE CENTRE 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. 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) Vacanc 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. Purchasing 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/Agreements/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) Meetin 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 Operation 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 Development 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 Development 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 31St 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. Legacy 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 11th day of June, 2007 By-Law read a second time this 11th day of June, 2007 By-Law read a third time and finally passed this 11th of June, 2007 ~' er, thy, Mayor _.` ~ E-. , _ ~. Patti L,:~a'rriP,~iGlunicipai Cierk