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The Corporation of the
Municipality of Clarington
By-Law 98-171
Office Consolidation
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
______________________________________________________________________
Passed, by Council, on: November 27, 1988
Consolidated as of: January 26, 2024
Amendments:
Amending
By-law Date Amendment Details
2016-073 September 19, 2016 Additional Whereas Clause related to Section
229 of the Municipal Act;
Replace Section 4. d), o), and p); and
Delete Section 4. x)
Disclaimer:
The following consolidated by-law is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be different,
and plans, pictures, other graphics or text may be missing or altered. The Municipality of
Clarington does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the Municipal Clerkâs Division.
Consolidated By-law No. 98-171 Page 2
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
BY-LAW NO. 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 Section 229 of the Municipal Act, 2009, as amended, provides that a
municipality may appoint a chief administrative officer who shall be responsible for the
general control and management of the affairs of the municipality for the purpose of
ensuring the efficient and effective operation of the municipality; and performing such
other duties as are assigned by the municipality;
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 Clarington 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.
Consolidated By-law No. 98-171 Page 3
c) 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, or appoint a suitable designate to attend, all Council meetings (and
Standing Committee meetings if required) with the right to speak, when
recognized by the Mayor of presiding officer.
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.
f) 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.
i) 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.
j) 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.
l) 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) Hire, suspend or dismiss for cause, other management and Non -Union
employees.
Consolidated By-law No. 98-171 Page 4
p) Hire and govern 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.
t) 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.
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.
aa) 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.
Consolidated By-law No. 98-171 Page 5
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.
7. 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.
8. THAT By-law Nos. 85-23 and 88-145 are 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.
Original By-law Signed