HomeMy WebLinkAboutCLD-010-20Clarington
Staff Report
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Report To: General Government Committee
Date of Meeting: June 22, 2020
Submitted By: Anne Greentree, Municipal Clerk
Reviewed By: Andrew C. Allison, CAO
File Number:
Report Number: CLD -010-20
By-law Number:
Resolution#:*
Report Subject: Delegation of Authority to Alter Records Retention Schedule/By-law
Recommendations:
1. That Report CLD -010-20 be received;
2. That Council delegate the authority, to the Municipal Clerk, to approve and amend
the Municipality of Clarington V-5 HFRD/-5 H -HFI IR❑[6 FEFIGFOt and
3. That the draft by-law, Attachment 1 to Report CLD -010-20, delegating authority to
approve and amend the Corporate Records Retention Schedule, to the Municipal
Clerk, be approved.
Municipality of Clarington
Report CLD -010-20
Report Overview
Page 2
TOULJ IRIIV Records Retention By-law 2015-057 establishes a schedule for the retention of
records in the custody or control of the Municipality, and provides the Municipality with the
legal authority to destroy redundant official and transitory records.
Under the Municipal Act, 2001, the responsibility for the Municipality VUFRlsa/AH\/Lm1LME-I❑
Clerk. As part of this function, the Clerk oversees the application of the Records Retention
By-law and reviews any proposed changes. This report outlines the rationale for delegating
authority to amend the Records Retention Schedule to the Municipal Clerk.
1. Background
1.1. Section 255 of the Municipal Act, 2001 provides that a Municipality may establish
retention periods during which the records of the Municipality must be retained and
preserved, and that except as otherwise provided, a record of the Municipality may be
destroyed if a retention period for the record has been established and the retention
period has expired or the record is a copy of the original record.
1.2. Any changes to the Records Retention Schedule are typically a result of legislative
amendments or through a change in Departmental requirements (ie. record value). The
Municipality subscribes to an Ontario -wide information management service to keep
informed on changes to legislation and common retention periods for Municipal
Records. In addition, any amendments are made in collaboration with affected
departments to ensure they meet their administrative requirements. Following approval
by the Municipal Clerk, these changes are then presented to Council in the form of an
amendment to the Records Retention By-law.
1.3. The MunicipalityVLFEUH[IT5 HFRLGV5 H+-1❑AR❑IFF daw 2015-057 was passed by Council
in September of 2015. Since that time there have been several changes to information
management best practices that, if adopted, will improve the efficiency with which
Clarington manages its records and our overall compliance with records retention
periods.
2. Delegation of Authority to Municipal Clerk
2.1. In June 2017, Bill 68, 0 ❑❑❑ 1112 ❑11114❑1M0 ❑❑LCd❑❑0H❑❑L❑01L❑1111=❑❑❑®emoved
the requirement for Municipalities to gain the approval of the Municipal Auditor prior to
any changes to its Record Retention By-law.
Municipality of Clarington
Report CLD -010-20
Page 3
2.2. Over the past few years, many municipalities, including Richmond Hill, Halton Hills,
Town of Cobourg, and the cities of Vaughan, Barrie, and Caledon, to name a few, have
also delegated the authority to the Municipal Clerk to make amendments to their
Records Retention Schedules.
2.3. In 2019, the CAO initiated the cultural shift for continuous improvement, including the
concept of on-going review of business processes with the goal of improved
efficiencies. Removing the two phases of approval, being the Auditor and Council,
increases the efficiency with which we can be more responsive and make necessary
changes to the Retention Schedule and improves our flexibility in responding to
legislative or administrative change.
2.4. The Retention Schedule protects the Municipality by ensuring that records are retained
for as long as required and disposed of routinely when no longer needed. Ensuring the
timely disposal of records is as critical as retention; maintaining records containing
personal or confidential information longer than necessary increases risk to the
Municipality. Delegating this authority to the Clerk would allow any changes to be
adopted almost immediately by each Department.
2.5. A review of the Records Retention Schedule is currently being conducted as part of two
interlinked initiatives: the Organizational Review and the MunicipalityVILECVLdR❑ to
electronic records management. Both are being implemented through a phased
approach, and as such, it is crucial to have the flexibility to make amendments to the
Schedule as required for each phase.
3. Concurrence
Not Applicable.
4. Conclusion
It is respectfully recommended that Council delegate the authority to make amendments
to the Records Retention Schedule to the Municipal Clerk.
Staff Contact: Shelagh Staunton, Records Information and Legislative Projects Coordinator,
905-623-3379 x2104 or sstaunton@clarington.net.
Attachments:
Attachment 1 -1 Draft By-law to delegate authority to the Municipal Clerk
Interested Parties:
There are no interested parties to be notified of Council's decision.
Attachment 1 to Report CLD -010-20
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Coordinator at 905-623-3379 ext. 2131.
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Being a By-law to delegate the authority for establishing or amending retention periods
to the Municipal Clerk and repeal By-law 2015-057 being a By-law to establish
schedules of retention periods for records of the Municipality of Clarington.
Whereas subsection 254(1) of the Municipal Act, 2001 provides that a municipality shall
retain and preserve its records in a secure and accessible manner;
And whereas subsection 255(3) of the Municipal Act, 2001 provides that a municipality
may establish retention periods during which its records must be retained and
preserved;
And whereas subsection 255(2) of the Municipal Act, 2001 provides that a municipality's
records may be destroyed if a retention period for the records has been established and
the retention has expired or the record is a copy of the original record;
And whereas subsection 228 (1) of the Municipal Act, 2001 sets out the duties of the
Municipal Clerk including the duty to keep the originals or copies of all by-laws and of all
minutes of the proceedings of Council;
And whereas the responsibility for the management of all corporate records has been
assigned to the Municipal Clerk;
And whereas section 23.1 of the Municipal Act, 2001 authorizes a municipality to
delegate its powers and duties to a person;
And whereas the Council of the Municipality of Clarington deems it desirable to delegate
W❑ DXO,H2 d_RR 1g❑Q-LI1DP ❑❑C1D❑0P DILMULOW—P X❑LFLSD WC_WZ❑F❑❑GXOJL
Now therefore the Council of the Municipality of Clarington enacts as follows
1. The short title of this By-®❑dl❑WL__ 5 ❑FRLGI_L5-WdZt❑11111: ®O=E
2. That retention periods for all municipal records shall be as set out in the Records
Retention Schedule.
Attachment 1 to Report CLD -010-20
3. That authority for establishing and amending the Records Retention Schedule for
the Corporation of the Municipality of Clarington shall be delegated to the
Municipal Clerk.
4. Upon the Municipal Clerk being satisfied that the relevant retention period
established has expired, and that no reason exists for further retention, the
Municipal Clerk may order the records to be destroyed, or to be set aside for
permanent retention in an archival facility designated by the Municipal Clerk.
5. That By-law 2015-057, being a By-law to establish schedules of retention periods
for records of the Municipality of Clarington, be repealed.
6. That this By-law shall come into force and effect immediately upon the final
passing thereof.
Passed in Open Council this XX day of MMMM, 2020.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk