HomeMy WebLinkAboutCOD-02-07Clarington
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 22, 2007 Resolution #: C',~1~ ~ ~~~~ ~~
Report #: COD -02-07 File #: By-law #:
MUSEUM GOVERNING BY-LAW UPDATE
RECOMMENDATIONS:
THAT COD-02-07 be received;
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-02-07
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
Submitted by: G~
Marie Marano , .Sc., C.M.O.
Director of Corporate Services
Reviewed by : ~ J~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506
REPORT NO.: COD-02-07
PAGE 3
BACKGROUND AND COMMENT
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 Management
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.: COD-02-07
PAGE 4
Oation 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 wuld 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 (90523-3379 F (90523-6506
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
By-Law 2007-
Being a bylaw set ouYthe 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:
6.1 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 aVice-Chair, who will serve in that capacity for the term of the Board
appointments.
2) Vacancy /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 Authority. 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 / 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.
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.
B.5 Meetings
1) Meeting 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 Meeting /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 Meetings 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 / or Council/ and /or 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
D.1 Hours of Oaeration & Patron Use -The Board mav:
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.
D.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.
D.3 Contracts/agreements
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.
D.4 Emplovment /Compensation
1) Payroll /Compensation 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) Emplovment Offers -With prior approval of Council (other 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) Payroll 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.
S.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 Fundraising 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.
Ali 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 Budgets
The Board shall on or before the 15t 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 based 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 1S` 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
u
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ssnesr; rtv
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON "'' `~O•~°o/ o
ey-Law 2002-045
being a by-law to establish a Board of Management to operate museums an its
behalf - Clarington Museum Board.
WHEREAS the Municipal Act, R.S.O. 1990, c M.45, as amended, 5.207(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 29'", 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.
5. THAT the CLARINGTON MUSEUM BOARD shall be established b
manage the Clarington Museum -Clarke Branch, Clarington Museum -
Bowmanyille Branch and main fkwr 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 farm.
6. The members of the Board shall serve without remuneretbn.
7. The majodty 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 conVact
work relating to the operations or functions of the Board.
9. Subject to such limitations and restdctions 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 pedod as the Board may prescribe.
c) Employ such full-time and part-time persons, prescribe their
duties, and fa their salaries and other benefits of employments
as the Board considers to be necessary and appropriate
provided that:
I) No person shall be empbyed 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 conVact 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) 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 Councl; and,
iv) The salaries and benefits of empoyment of all full and
part time officers and empbyees shall not exceed the
salades 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
empbyess 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.
~. J.
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 histwicel 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 Mun~ipal 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
(inctuding any private donations received by it and the terms, ff 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, trensactions, accounts and
vouchers of the Board shall be open to the Auditor's inspection at all
times.
15.Immediately after ite 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, 'd any, may be
placed for future museum and archives development projects and may
apply any private donations In such manner as ft deems advisable but not
inconsistent with the terms upon which any amount was donated.
17.This By-Law shall take effect on the 1'r day of January 201k1; and, the
appoinbnents 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.
. _ ":,.
By-Law read a first time this 29"' day of April 2002.
By-Law read a second time this 29~' day of April 2002.
By-Law read a third time and finally passed this 29"' day of April 2002.
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 SVeets
(Municipal Address - 37 Silver Streetj in the Municipality of Clarington
(farmer 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 huikling and grounds fronting on Temperance
Street (Municipal Address - 62 Temperance SVeet) be dedicated to the
CLARINGTON MUSEUM BOARD for use as archival, display, program,
meeting, and office space, upon it's availability.
~'TTACH~IENT #3
THE CORPORATION OF THE MUNCIIPALiTY 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 operete museums on its behalf-
Clarington 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 es the Clarington
Museum Board;
AND WHEREAS at a meeting held on January 19, 2004, the Council of the
Corporation of the Municipality 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:
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 (6) voting members (two
(2) members from each ward), one (1) voting member who shall be
a representative of the Fdends of the Museum, one (1) voting
member who shall be a representative of tha Newcastle Village and
District Historical Society, two (2) appointed voting members of
Council and one (1)non-voting Museums AdminisVator.
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 applicaticns are received to fill the two
(2) positbns from each ward, members will be appointed from the
remaining applications.
4. Thet By-law 2003-196 lie repealed.
By-law read a first and second time this 18m' day of January 2004.
By-law read a third time and finally passed this 19~ day of January 2004.
/ Mayor
Municipal Clerk