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HomeMy WebLinkAbout11/27/1998fv1UNICIPALITY OF SPECIAL COUNCIL MEETING DATE: NOVEMBER 27, 1998 TIME: 9:00 A.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURE OF PECUNIARY INTEREST The special meeting of Council is being convened to consider Report CD-64-98 — Job Description of the Chief Administrative Officer. 1. Report CD-64-98 — Job Description of the Chief Administrative Officer. BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT CORPORATION OF THE MUNICIPALITY OF CLARINGTON & 46 TEMPERANCE STREET - BOWMANVILLE -ONTARIO , LIC 3A6 - (905) 623-3379 • FAX 623-4169 RECYCLED PAPER MUNICIPALITY OF larington ONTARIO SPECIAL COUNCIL MEETING LHfflwd_ [i.`I ROLL CALL DISCLOSURE OF PECUNIARY INTEREST FILE COPY DATE: NOVEMBER 27, 1998 TIME: 9:00 A.M. PLACE: COUNCIL CHAMBERS The special meeting of Council is being convened to consider Report CD -64-98 — Job Description of the Chief Administrative Officer. U494A 0 1. Report CD -64-98 — Job Description of the Chief Administrative Officer. BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET • SOWMANVILLE •ONTARIO,• LIC 3A6 • (905) 623-3379 • FA%623-6169 amrueo o. n en '�iN v7 ''4 �'#� d '# k �� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: SPECIAL COUNCIL File # Date: November 27, 1998 Res. # Report #: CD- 64-98 Subject: JOB DESCRIPTION OF CHIEF ADMINISTRATIVE OFFICER It is respectfully recommended to Council: THAT Report CD -64-98 be received; By-law # 2. THAT the by-law attached to Report CD -64-98 as Schedule "A", being a by-law to define and determine the duties and responsibilities of the Chief Administrative Officer be approved; and 3. THAT the by-law attached to Report CD -64-98 as Schedule " B", being a by-law to appoint a Chief Administrative Officer be approved. BACKGROUND Mayor Hamre advised that during the interview process for the Chief Administrative Officer, concern was raised over the job description for the position. It is my understanding that following review of job descriptions for the Chief Administrative Officers of various municipalities, Council determined that our job description should be fashioned after the Town of Pickering's. In studying this description, it has been determined that the areas of budgets and human resources is handled differently in the Town of Pickering than they are in Clarington. The proposed job description has been formulated by combining the Pickering description with the existing job description for Clarington, in order to accurately reflect the desired role of the Chief Administrative Officer. In order to amend the job description, it is recommended that the existing by-law be repealed and replaced with the one attached hereto as Schedule "A" . Following enactment of the by-law to outline the duties and responsibilities, it will be necessary for the by-law attached as Schedule "B" to be passed in order to appoint a new Chief Administrative Officer. Enc Reviewed by M.A. Marano Acting Chief Administrative Officer Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-171 Being a by-law to establish the position and to define and determine the duties and responsibilities of the Chief Administrative Officer and to repeal By-laws 85-23 and 88-145 WHEREAS it is deemed expedient and desirable to establish the position of Chief Administrative Officer and to define and determine the duties and responsibilities thereof: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the position of Chief Administrative Officer is established. 2. THAT the Chief Administrative Officer is the head administrative official of the Municipality of Cladngton and is accountable to Municipal Council for the effective administration of all Municipal Departments. Responsibility includes the overall planning, co-ordination and control of all Municipal operations in collaboration with the Administrative Branch of the Municipality's government, and in accordance with the objectives, policies and plans approved by Municipal Council. 3. Specific responsibilities may be delegated to staff members together with the necessary authority for their fulfillment but the overall responsibility for results may neither be delegated nor relinquished. 4. The Chief Administrative Officer will be specifically responsible to: a) Maintain total responsibility to the Municipal Council for the operations of the Corporation, while liasing closely with the Administrative Branch. b) Collaborate with Municipal Council and the Administrative Branch in the development and administration of the Municipality's objectives and major policies. Provide advice and expertise to Municipal Council on the Corporation's general policies. Inform Council on the condition of the Municipality's administrative affairs and factors that may affect them. d) Attend Council and Committee meetings with the right, with the consent of the Chair, to speak, but not to vole. e) Maintain communications with all levels of government, as necessary for the conduct of Municipal business. Provide resource information for members of Council in consultation with Department Heads, on relevant matters with the various levels of government. Act upon Council requests, resolutions and directives. g) Develop and recommend to Council, plans and programs for the attainment of organization objectives. h) Review drafts of all by-laws, staff reports, contracts and agreements and submit to Council and/or committee of Council his/her recommendations thereon. Review the performance of all contracts or agreements entered into by the Municipality and satisfy himself/herself that all conditions have been fulfilled in accordance with the provisions of such contracts or agreements and he/she may report therein to Council. Meet regularly with Department Heads for discussion of policy matters and for co-ordination of all departmental activities. k) Oversee and co-ordinate the execution of approved plans and programs. By-law 98-171 Page 2 Ensure that information about policies, organization, and procedures is prepared and promulgated. m) Co-ordinate, direct and supervise the Heads of Department, and through them, all other employees of the Corporation except those officials as are appointed under statute in respect to their statutory duties and responsibilities. n) Advise Council on the appointment, suspension, or dismissal of Department Heads. o) Appoint, suspend or dismiss for cause, other management and Non -Union employees. P) Appoint and employ all other employees of the Corporation in accordance with procedures laid down in collective bargaining agreements, and to dismiss or suspend such employees for cause, after consultation with the Department Head. q) Perform the duties of personnel administrator and co-ordinate and supervise, through the Committee or Council, the negotiation and settlement of the terms of the collective bargaining agreements between the municipality and its employees and generally supervise and administer such agreements and make recommendations to the Council or its committee with respect to the salaries, wages and working conditions of its employees, subject to normal grievance procedure. r) Recommend to Council any change in the position descriptions of Department Heads. S) Supervise and direct the preparation of the annual estimates of revenue and expenditures for the consideration of Council and the administration of the budget, subject to the approval of Council. 1) Be involved in the on-going maintenance of a nuclear and non-nuclear emergency plan and play a leadership role in carrying out the plan in the event of an emergency. U) Prescribe the specific limitation of authority of subordinates regarding policies, contractual commitments, expenditures and personnel action. V) Provide for the continual improvement of the Municipality's management techniques and operating efficiency. W) Ensure that the Civic administration has and functions under an appropriate organization structure. X) Ensure that officials carry out statutory duties in a proper manner. Y) Handle inquiries and complaints that require the attention of the senior official. Z) Conduct such dealings with individuals or groups outside the Corporation as are necessary to carry out responsibilities, and promote the interests of the Municipality. as) Develop, record and maintain a policy manual and distribute copies to Council Members and Department Heads. bb) Give thought and action to all phases of the maintenance of sound public relations as it pertains to the municipal staff, the general public and the taxpayer. cc) Generally and in addition to the foregoing, to perform the duties and exercise the powers which, from time to time, may lawfully be assigned to or vested in him/her by the Council. 5. THAT the said duties and responsibilities as set forth above shall not be deemed to empower the said Chief Administrative Officer to have, perform, do or direct any act of matter that would, to any extent whatsoever, encroach upon the statutory authority or legislative powers of the Council. 6. THAT Council is hereby authorized and empowered to appoint by by-law, such person as it may deem most suitable for the purpose of the carrying out of said duties and responsibilities. By-law 98-171 Page 3 THAT the Chief Administrative Officer shall not be dismissed from office except by the provisions of a by-law passed at a meeting by a majority vote of the members of Council at such meeting so called. THAT By-law Nos. 85-23 and 88.145 are hereby repealed. By-law read a first and second time this 27't' day of November 1998. By-law read a third time and finally passed this 27th day of November 1998. Mayor Clerk Schedule " B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-172 Being a by-law to appoint a Chief Administrative Officer and to repeal By-law 98-163, a by-law to appoint an Acting Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT Mr. Franklin Wu be appointed as the Chief Administrative Officer for the Municipality of Clarington effective 8:30 a.m., December 1,1998; 2. THAT Mr. Franklin Wu be remunerated for his services in accordance with the terms and conditions set out in Schedule "A" attached hereto and forming part of this by-law; 3. THAT the said appointment be in accordance with the terms and conditions set out in Schedule "A" attached hereto and forming part of this by-law; and 4. THAT By-law 98-163 is hereby repealed. By-law read a first and second time this 27th day of November 1998. By-law read a third time and finally passed this 27th day of November 1998. Mayor Clerk SCHEDULE "A" TO BY-LAW 98-172 Terms and Conditions of the Appointment of Mr. Franklin Wu as the Chief Administrative Officer for the Municipality of Clarington The following shall be the terms and conditions related to the appointment of Mr. Franklin Wu as the Chief Administrative Officer for the Municipality of Clarington, namely: 1. THAT effective from 8:30 a.m. on December 1, 1998, Mr. Franklin Wu shall commence his employment with the Corporation of the Municipality of Clarington as the Chief Administrative Officer; 2. THAT the duties and responsibilities of the Chief Administrative Officer shall be in accordance with By -Law 98-171, as amended, from time to time; 3. THAT Mr. Franklin Wu shall be remunerated in accordance with the salary administration program of the Municipality of Clarington, commencing at an annual salary in accordance with the Offer of Employment dated November 25 1998; 4. THAT Mr. Franklin Wu shall be entitled to all other employee benefits for non- affiliated staff as may be determined from time to time; 5. THAT all other terms and conditions be as outlined in the Offer of Employment dated November 25, 1998. Franklin Wu Patti L. Barrie. Clerk FOR INFORMATION PURPOSES THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 85-23 being a by-law to establish the position and to define and determine the duties and responsibilities of the Chief Administrative Officer WHEREAS it is deemed expedient and desirable to establish the position of Chief Administrative Officer and to define, and determine the duties and responsibilities thereof: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: That there is hereby established the position of Chief Administrative Officer. 2. The Chief Administrative Officer shall be the head of the Administrative Branch of the Town's government. He/She shall be responsible to Council for the proper administration of the affairs of the Town in accordance with objectives and policies approved by Council. 3. The Chief Administrative Officer will be specifically responsible to: (a) Advise Council and/or its committees on the feasibility, cost and -----other relevant factors related to goals, policies_and programs under - - --- consideration. - — -- (b) Co-ordinate and direct the preparation of plans and programs to be submitted to Council for the improvement and development of Town property, facilities and services. (c) Supervise and direct the preparation of the annual estimates of revenues and expenditures for the consideration of Council and the administration of the budget, subject to the approval of Council. (d) Co-ordinate direct and supervise the Heads of Departments, and through them, all other employees of the Corporation except those officials as are appointed under statute in respect to their statutory duties and responsibilities. (e) After discussion with Council, recommend to Council, giving the reasons, the appointment, employment, suspension or dismissal of Department Heads. (f) Appoint, employ, promote, transfer, suspend or dismiss employees not covered by collective bargaining agreements, after consultation with the Department Head. (9) Appoint and employ all other employees of the Corporation in accordance with procedures laid down in collective bargaining agreements, and to dismiss or suspend such employees for cause, after consultation with the Department Head. (h) Perform the duties of personnel administrator and co-ordinate and supervise, through the appropriate Committee of Council, the negotiation and settlement of the terms of the collective bargaining agreements between the municipality and its employees and generally supervise and administer such agreements and make recommendations to the Council or its appropriate committee with respect to the salaries, wages and working conditions of its employees, subject to normal grievance procedure. By-law 85- 23 -2- (i) Review drafts of all by-laws, Committee Reports, Contracts and Agreements and submit to Council and/or Committees of Council His/Her recommendations thereon. (j) Review the performance of all contracts or agreements entered into by the Town and satisfy Himself/Herself that all conditions have been fulfilled in accordance with the provisions of such contracts or agreements and He/She may report therein to Council. (k) Attend to the interests of the Town by maintaining close liaison with the Region of Durham and Province of Ontario employees and officers. (1) Provide resource information for Members of Council in consultation with Department Heads, on relevant Regional, Provincial and Federal matters. (m) Meet regularly with Department Heads for discussion of policy matters and for co-ordination of all departmental activities. (n) Give thought and action to all phases of the maintenance of sound public relations as it pertains to the municipal staff, the general public and the taxpayer. (o) Attend Council and Committee meetings with the right, with the consent of the Chair, to. speak, but not to vote thereat. (p) Carry out any additional duties and responsibilities as Council may assign. 4. PROVIDED HOWEVER, that the said duties and responsibilities as set forth above, shall in nowise be deemed to empower the said Chief Administrative Officer to have, perform, do or direct any act of matter that would to any extent whatsoever, encroach upon the statutory authority or legislative powers of the Council. 5. The Council is hereby authorized and empowered to appoint by by-law, such person as it may deem most suitable for the purpose of the carrying out of said duties and responsibilities. 6. The Chief Administrative Officer shall not be dismissed from office except by the provisions of a by-law passed at a meeting by a majority vote of the members of Council at such meeting so called. 7. In the event of the illness or absence of the Chief Administrative Officer, the Clerk, or in his absence, the Treasurer of the Corporation shall be Acting Chief Administrative Officer and shall execute the powers and duties of the office of the Chief Administrative Officer as set forth in this by-law or any amendments thereto. 8. By-law Number 77-77 is hereby repealed. By-law read a first and second time this 25th day of February 1985. By-law read a third time and finally passed this 25t.h day of February 1985. mayor Clerk CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 88 - 145 being a by-law to amend By -Law 85 - 23, a by-law to establish the position and to define and determine the duties and responsibilities of the Chief Administrative Officer. THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: THAT BY-LAW 85 - 23 BE AMENDED BY DELETING SECTION 7. By -Law read a first and second time this 26th day of September 1988 By -Law read a third time and finally passed this 26th day of September 1988 THE CORPORATION OF THE TOWN OF PICKERING POSITION DESCRIPTION POSITION TITLE: CHIEF ADMINISTRATIVE OFFICER DEPARTMENT: CHIEF ADMINISTRATIVE OFFICER'S GENERAL SUPERVISOR: TOWN COUNCIL UNION: LUPE, PICKERING PROFESSIONAL FIREFIGHTERS POSITION SUMMARY: The Chief Administrative Officer is the head administrative official of the Town of Pickering and is accountable to Town Council for the effective administration of all Town Departments. Responsibility includes the overall planning, co-ordination and control of all Municipal operations in collaboration with the Administrative Support Group (Executive Director of operations and all Department Heads), and in accordance with the objectives, policies and plans approved by Town Council. Specific responsibilities may be delegated to staff members together with the necessary authority for their fulfilment but the overall responsibility for results may neither be delegated nor relinquished. MAJOR TASKS: ADMINISTRATIVE 1. Maintains total responsibility to the Town Council for the operations of the Corporation, while liaising closely with the Administrative Support Group. 2. Collaborates with Town Council, the Administrative Support Group in the development and administration of the Town's objectives and major policies. 3. Provides advice and expertise to Town Council on the Corporation's general policies. Informs Council on the condition of the Town's administrative affairs and factors that may affect them. 4. Attends Council & Committee meetings. 5. Maintains communications with Federal and Provincial governments, as necessary for the conduct of Town business. 6. Acts upon Council requests, resolutions and directives. Develops and recommends to Council, plans and programs for the attainment of organization objectives. 8. Oversees and co-ordinates the execution of approved plans and programs. 9. Ensures that information about policies, organization, and procedures is prepared and promulgated. 10. Advises Council on the appointment, suspension, or dismissal of Department Heads. 11. Appoints, suspends or dismisses for cause, other management and Non -Union employees. 12. Recommends to Council any changes in the position descriptions of Directors. BUDGETS 13. Safeguards the financial and other assets of the Corporation. 14. Participates in the development of policies and procedures governing budgets, expenditures, and financial controls. 15. Liaises with the Audit Committee regarding extraordinary Departmental and Divisional budget expenditures and ensures that financial budgetary control is maintained. 16. Reviews consolidated operating and capital budgets with Council. 17. presents periodic reports to Council on operating and financial results compared with the budget plans. 18. Authorizes changes to approved budgets (capital and operating) up to the amount of $5,000. GENERAL 19. The CAO will be involved in the on-going maintenance of a nuclear and non-nuclear emergency plan and play a leadership role in carrying out the plan in the event of an emergency. 20. Prescribes the specific limitation of authority of subordinates regarding policies, contractual commitments, expenditures and personnel action. 21. Provides for the continual improvement of the Town's management techniques and operating efficiency. 22. Ensures that the Civic administration has and functions under an appropriate organization structure. 23. Ensures that officials carry out statutory duties in a proper manner. 24. Reviews the annual estimates, plans and programs of Boards, Agencies and Commissions, and makes recommendations to Council to co-ordinate their activities with those of the Corporation. 25. Handles inquiries and complaints that require the attention of the senior official. 26. Conducts such dealings with individuals or groups outside the Corporation as are necessary to carry out responsibilities, and promotes the interests of the Town. 27. , Develops, records and maintains a policy manual and distributes copies to Council Members, Directors and Department Heads. 28. Generally and in addition to the foregoing, to perform the duties and exercises the powers which, from time to time, may lawfully be assigned to or vested in him/her by the Council. 29. That the Chief Administrative Officer shall not be dismissed except by a by-law passed by a majority of all the members of Town council, at a meeting of Council, duly called after written notice has been given at a previous meeting of the Council. Q)ous QUALIFICATIONS A University Degree in Public Administration, or an equivalent combination of education and experience together with at least 10 years experience in Municipal or Private administration. SUMMARY OF BY-LAWS NOVEMBER 27, 1998 BY-LAWS 98-171 being a by-law to establish the position and to define and determine the duties and responsibilities of the Chief Administrative Officer and to repeal By-laws 85-23 and 88-145; and 98-172 being a by-law to appoint a Chief Administrative Officer and to repeal By-law 98-163, a by-law to appoint an Acting Chief Administrative Officer.