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HomeMy WebLinkAbout2012-093THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By -Law 2012 -093 Being a bylaw to establish a Municipal Service Board to operate museums on behalf of the Municipality of Clarington and to repeal By -law 2007 -138. WHEREAS the Section 196 of the Municipal Act, 2001 as amended authorizes a Municipality to establish a Municipal Service Board; AND WHEREAS Section 198 of the Municipal Act, 2001 provides that a municipality may give a Municipal Service Board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the Board; AND WHEREAS it is desirable that a Municipal Service Board be appointed and known as the CLARINGTON MUSEUM AND ARCHIVES BOARD (the Board) for the purpose of operating Museums in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: Location a) The building and grounds at 7086 Old Kirby School Road, in the Municipality of Clarington (former Village of Orono) will be known as the CLARINGTON MUSEUMS and ARCHIVES - CLARKE MUSEUM; b) The building and grounds fronting on Silver and Temperance Streets (Municipal Address - 37 Silver Street) in the Municipality of Clarington (former Town of Bowmanville) will be known as the CLARINGTON MUSEUMS and ARCHIVES - BOWMANVILLE MUSEUM. 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; and c) The building and grounds fronting on Temperance Street at 62 Temperance Street Bowmanville, will be known the CLARINGTON MUSEUMS and ARCHIVES - SARAH JANE WILLIAMS HERITAGE CENTRE 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. 2. Board of Management a) Composition The Board shall be established to manage the Clarington Museum and Archives. The Board shall consist of up to a maximum of 12 voting members comprised of, as reasonably as possible: i) 8 Public Representatives being 2 members from each ward ii) 1 member representative of the Friends of the Museum iii) 1 member representative of the Newcastle Village and District Historical Society iv) 2 appointed members of Council Irz The Museum Administrator is an employee of the Board. The Board is responsible to Council. In the event that insufficient applications are received to fill the two (2) positions from each ward, members will be appointed from the remaining applications. b) Term The Board will serve a term coinciding with the term of the appointing Council and until its successors are appointed. c) Vacancy 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 term, in accordance with the Municipal Act. d) Remuneration The members of the Board shall serve without remuneration. e) Quorum The majority of the members of the Board constitute a quorum. 3. Conflict of Interest a) The Board shall be governed by the Municipal Conflict of Interest Act. b) No employee or member of Council shall have any contract, other than employment, with the Board or be pecuniary interested directly or indirectly in any contract work relating to the operations or functions of the Board. 4. Purchasing and Contracts a) Procurement In accordance with Section 270(2) of the Municipal Act, the Board shall by resolution, adopt procurement policies. The Municipal purchasing by -law may be used as adapted by the Board to the specific requirements of the Museum. b) Contracts /Agreements /Leases Other than for normal operating or Administrative processes, the Board will not enter any contract, or agreement which has the potential to commit funds, oblige, or encumber the Municipality without written Council approval, or specific approval detailed by resolution in the annual budget process. -3- 5. Board Mandate Subject to such limitations and restrictions as Council may from time to time impose by bylaw or resolution, the Board may: a) Meeting 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) Chair /Committees Elect a Chair, Vice Chair and committee chairs as determined necessary by the Board, all of whom shall hold office at the pleasure of the Board or for such period as the Board may prescribe. c) Employment Employ such full time and part time persons, prescribe their duties and fix their salaries and other benefits of employment, and termination, as the Board considers to be necessary and appropriate provided that: i) Annual Budget Submission will include for Council consideration for approval: a. the prevailing organization chart identifying all employee positions and any proposed additional positions, b. the proposed wage grid for all positions, and c. the prevailing performance program recommended increases. ii) Additional Employees: 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. iii) Filling Positions: The Board may advertise and fill the approved positions, being responsible for all employment related legal and statutory obligations included in any employment offer. iv) Payroll Process and Benefit Program Administration: The Board shall process all payroll and benefits related to employment, ensuring compliance with all statutory, contractual and legal obligations related thereto. The method of processing payroll and the benefit program provider shall be determined and approved by the Board. V) Policies and Compensation Limits: a. Policies: In compliance with Section 270(2) of the Municipal Act, the Board shall by resolution, adopt hiring policies with respect to hiring of its employees. The Municipality's prevailing hiring policy will apply, as adapted by the Board to reflect the Museum specific requirements. The prevailing Board Approved performance appraisal program policy will be forwarded to the Municipal Clerk, and any subsequent changes to the policy will be forwarded with the annual budget submission. b. Maximums: The salaries, performance appraisal increases, and benefits of employment of all full and part time employees shall not exceed the type and percentage increases provided as salaries and I or benefits for full and part time employees of the Municipality and as provided for in the current budget estimates of expenditures approved by Council, for the years in question. d) Hours of Operation 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) Admission 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) Sales Within the museum, sell literature of historical significance or interest, souvenirs and refreshments at such prices as the Board may decide. g) Publications Produce, copy and distribute historical publications and documents related to the history of the Municipality. h) Volunteer Groups Encourage and develop volunteer groups to assist in the further development of the museum's archives and historical matters within the Municipality. i) History Development Carry out such others duties relating to the history and development of the Municipality as may be assigned by Council. 6. Meetings a) Public The meetings of the Board shall be open to the public, in accordance with Section 239(2) of the Municipal Act and no person shall be excluded therefrom except for improper conduct. -5- b) Records 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. The minutes of all Board meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meeting. 7. Budget The Board shall on or before the 15th day of November in each year prior prepare and submit to the Finance Department at the Municipality 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. 8. Donations The Board shall keep distinct and regular accounts of its receipts (including any private donations received by it and the terms, if any, upon which such donations were made) payments credits and liabilities. These accounts shall be available for inspection upon request by the Finance Department of the Municipality and included in the records provided for audit purposes. 9. Audit 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, transactions, accounts and vouchers of the Board shall be open to the Auditor's inspection at all times. The books and records of the Museum shall be provided to the Finance Department upon request in order to prepare for the annual audit by the Municipal Auditor or otherwise as deemed necessary. 10. Museum Development Fund The Board may, with the approval of Council, establish a Museums Development Fund, into which donations and net revenues, if any, may be placed for future museum and archives development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. The Board will ensure that all investments are made in accordance with the Regulations made under Section 418 of the Municipal Act. Under the Municipal Act, as the Municipal Treasurer is responsible to ensure compliance with this provision, annually the Board shall provide all details of investments made to the Municipal Treasurer. 11. Municipal Museum Reserve Funds Reserve Funds created by the Municipality and funded annually through the Municipal budget process shall remain in the custody of the Municipality. The funds shall be generally anticipated to be used for building envelope type expenses and shall be accessed through the annual municipal budget process. The Treasurer shall advise the Executive Director should it be recommended that these funds be used by the Municipality for Museum building envelope issues. Should the Board wish to access these funds, it shall also be through the normal annual budget request process. As with all tax levy funded Municipal Reserve Funds, Council has the authority to determine appropriate usage of the funds. 12. Legacy Funds All legacy funds received by the Museum Board are to be invested in accordance with the Regulations made under section 418 of the Municipal Act as referenced above. Funds will be used by the Board, based on the specific requirements of the will or based on the Board's approval of projects identified for the use of such funds, as applicable and reflected in the Board's minutes. Under the Municipal Act, as the Municipal Treasurer is responsible to ensure compliance with Section 418, annually the Board shall provide all details of investments made to the Municipal Treasurer. Also, the Museum Executive Director shall provide a statement of legacy funds and related investments to the Board at each regular Board meeting. Approval of the statement shall be reflected in the minutes of the Board. 13. Force and Effect This by -law shall take effect January 1, 2013. 14. Repeal By -Law 2007 -138 is hereby repealed. PASSED IN OPEN COUNCIL THIS 17th day of December, 2012. F_ r Adrian Foster, Mayor atfi-L. Barrie, Municipal Clerk