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HomeMy WebLinkAboutCD-45-88 TOWN OF NEWCASTLE ' R � PMQT ., ^_. ° ., . File # Res. # BY-Law # 11 n ^ ���TT�� ' ~-.^'~.. GENERAL PURPOSE 6 ADMINISTRATION COMMITTEE DATE: OCTOBER 3, 1988 ��V�}T 8^ ��YN� 8^ REPORT ^ ^ FILE ^^ uMECT: MUSEUM BOARD MEMBERS' TERM OF OFFICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: l. THAT Report CD-45-88 be received; and 2. THAT 8y-law 79-67" being a by-law to establish a Board of Management to operate a museum on its behalf be amended to provide for the termination of all appointments to coincide with the expiry of the term of office of Council; and 3. THAT the by-law attached to Report CD-45-88 be forwarded to Council for passage; and 4. THAT the Clarke Museum Board and the BowmauviIIe Museum Board be so advised. BACKGROUND AND COMMENT: On May 13, 1988, F. &oatmao' Recording Secretary, Clarke Township Museum 6 Archives requested that the Clerk research both Provincial Legislation and Town of Newcastle by-laws as they relate to the terms of office of Museum Board Members, _ because the time specified in each document differs. On June 34, 1988, the legal opinion of David J. Sims was sought in this matter. Continued . . . . ./2 Report CD-45-88 - 2 - October 3, 1988 Under the provisions of The Municipal Act, R.S.O. 1980, s. 208, paragraph 57, c. 302, municipal councils are authorized to appoint museum boards. Members appointed under the paragraph shall hold office at the pleasure of council and unless removed sooner, shall hold office until the expiration of the term of the council which appointed them and until their successors are appointed. Town of Newcastle By-law 79-68 provides that Members of the Board who are Members of Council, shall be appointed annually and that all other Members shall hold office for a three year term. Section 3(d) of the By-law, indicates that the terms of office are to be staggered to allow for a constant turn over in Board Members. The provisions of the Municipal Act prevail It is, therefore, respectfully requested that the amending by-law attached hereto be forwarded to Council for adoption. Respectfully submitted, Recommended for Presentation to r the Committee Patti L: Bar ie, A.M.C.T. (A) .Wrence Kotseff, M.C.I.P. , ctinf� Clerk tMf Admi `istrative Officer PLB/ms Attachment. f THE CORPORATION OF THE TOWN OF NEWCASTLE I i BY-LAW 88- ' 1 being a by-law to amend By-law 79-67, a by-law to establish a Board of Management to operate a Museum on its behalf (Bowmanville Museum) '. i WHEREAS the Council of the Corporation of the Town of Newcastle deems it desirable to amend By-law 79-67; NOW THEREFORE THE COUNCIL OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. Section, 3(d) of By-law 79-67 is amended by deleting the whole thereof, and substituting the following therefor: j i (d) of the other five members of the Board, the appointments i and re-appointments shall be at the pleasure of the Council and, unless sooner removed, the members shall hold office until the expiration of the term of the Council that appointed them and until their successors are appointed. i By-law read a first and second time this f , By-law read a third time and finally passed this j i a , e 6 Mayor Acting Clerk i , h i