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Clerk's
Report
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Report To: General Government Committee
Date of Meeting: March 4, 2019
Report Number: CLD -008-19
File Number:
Resolution: #GG -148-19
By-law Number: 2019-018 & 2019-019
Report Subject: Appointment of Municipal Officers
Recommendations:
1. That Report CLD -008-19 be received;
2. That Council pass the attached draft by-law (Attachment 1), repealing By-law 2018-067
and appointing Paul Creamer as the Deputy Treasurer and as the alternate Clarington
member on the Durham Municipal Insurance Pool; and
3. That Council pass the attached draft by-law (Attachment 2), repealing By-law 89-23 and
appointing June Gallagher as the Deputy Clerk.
Municipality of Clarington
Report CLD -008-19
Report Overview
Page 2
To provide background and seek Council approval of housekeeping by-laws regarding the
appointment of Municipal Officers.
1. Background
1.1 According to the Municipal Act, 2001, Council may appoint a deputy treasurer "who
shall have all the powers and duties of the treasurer under [the Municipal Act, 20011 and
any other Act" (ss. 286(2)).
1.2 Recently, Trevor Pinn (former Deputy Treasurer) has been appointed as Treasurer.
This created a vacancy for the Deputy Treasurer position. Since that time, Paul
Creamer has been recruited as the Deputy Treasurer and will begin employment with
the Municipality of Clarington on March 4, 2019.
1.3 Similarly, the Act states that "a municipality may appoint deputy clerks who have all the
powers and duties of the clerk under this and any other act" (ss 228(2)). However, the
last time that a Deputy Clerk was appointed by by-law was in 1989.
2. Discussion
Deputy Treasurer
2.1 On September 4, 2018, Council passed By-law 2018-067, appointing Trevor Pinn as the
Deputy Treasurer. As a result of the recent hiring, it is recommended that Council pass
the attached draft by-law (Attachment 1), repealing By-law 2018-067 and appointing
Paul Creamer as the Deputy Treasurer.
Durham Municipal Insurance Pool & Deputy Treasurer
2.2 Additionally, on December 10, 2018, Council passed By-law 2018-097, appointing
Trevor Pinn as the Treasurer on the Durham Municipal Insurance Pool (DMIP) and the
"Deputy Treasurer" as the alternate. As per the DMIP subscriber's agreement,
contained in By-law 2000-09:
"3.02 Constitution of the Board of Directors
The Board of Directors will be composed of one Member appointed by each
Subscriber as confirmed by council resolution. Each Member will have one vote.
Any Subscriber is entitled to designate by council resolution from time to time an
Alternate who is entitled to act in the place and stead of such Member when such
Member is unavailable. The Member and the Alternate, if designated, must meet
the qualifications set out in Section 3.03.
Municipality of Clarington Page 3
Report CLD -008-19
3.03 Qualification of Members of Board of Directors
Any individual may be a Member of the Board of Directors provided that, and for
so long as, he or she:
a) is a person who is eighteen years of age or more;
b) is not a person who is of unsound mind, having been so found in Canada or
elsewhere;
c) is not a person who has the status of a bankrupt; and
d) is an officer or employee of a Subscriber.
No appointment of a person as a Member is effective unless he or she consents
to act as a Member before or after the election or appointment.
2.3 Although By-law 2018-097 provides direction on which position will be the alternative
representative on the DMIP, the appointment of the person is a personal appointment
(i.e. not by virtue of their office). Therefore, it is recommended that Council include the
appointment of Paul Creamer as the alternate on the DMIP in the new appointment by-
law (Attachment 1).
Deputy Clerk
2.4 During the review of the Deputy Treasurer appointment, and based on a recent
situation, it came to staff's attention that there is a need to officially appoint the Deputy
Clerk as well. In particular, when delegating certain authorities of the Municipal Clerk,
the Deputy Clerk's authority is not recognized without the appointment of the Deputy
Clerk by by-law (despite the authority granted in the Act). Therefore, it is recommended
that Council pass the attached draft by-law (Attachment 2), repealing By-law 89-23 and
appointing June Gallagher as the Deputy Clerk.
3. Concurrence
3.1 This report has been reviewed by the Director of Finance/Treasurer who concurs with
the recommendations.
4. Conclusion
4.1 Based on the foregoing, it is respectfully recommended that Committee recommend that
Council pass the attached draft by-laws in order to meet legislative requirements and to
provide for the efficient appointments of Department Heads.
Municipality of Clarington
Resort CLD -008-19
5. Strategic Plan Application
Not applicable.
Submitted by:
C. Atnr 6 Greentree, B.A., CMO,
Municipal Clerk
Page 4
Reviewed by:
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or
jgallagher@clarington.net
Attachments:
Attachment 1 - By-law to appoint Paul Creamer as Deputy Treasurer
Attachment 2 — By-law to appoint June Gallagher as Deputy Clerk
There are no interested parties to be notified of Council's decision.
Municipality of Clarington
Attachment 1 to
Report CLD -008-19
The Corporation of the Municipality of Clarington
By-law 2019 -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
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That Paul Creamer be appointed as Deputy Treasurer for The Corporation of the
Municipality of Clarington.
2. That Paul Creamer be appointed as the alternate Clarington member on the Durham
Municipal Insurance Pool.
3. That By-law 2018-067 be repealed.
4. That this by-law shall come into force and effect on the date of passing.
Passed in Open Council this day of )2019.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
Municipality of Clarington
Attachment 2 to
Report CLD -008-19
The Corporation of the Municipality of Clarington
By-law 2019 -XXX
Being a by-law to appoint a Deputy Clerk and to repeal By-law 89-23.
Whereas subsection 228(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 clerk under the
Municipal Act, 2001 and any other act;
Now therefore the Council of the Municipality of Clarington enacts as follows:
That June Gallagher be appointed as Deputy Clerk for The Corporation of the
Municipality of Clarington.
2. That By-law 89-23 be repealed.
3. That this by-law shall come into force and effect on the date of passing.
Passed in Open Council this day of )2019.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk