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Report To: Council
Date of Meeting: July 3, 2017
Report Number: CLD-015-17 Resolution: C-220-17 File
Number: By-law Number: 2017-064
Report Subject: Appointment of Chief Administrative Officer
Recommendations:
1.That Report CLD-015-17 be received;
2.That the By-law appointing Andrew Allison as the Chief Administrative Officer, Attachment
1 to Report CLD-015-17, be approved; and
3.That all interested parties be advised of Council’s decision.
Municipality of Clarington
Report CLD-015-17 Page 2
Report Overview
On December 12, 2016 Council considered Report CAO-007-16, being the Interim Chief
Administrative Officer’s recommended process for recruitment and hiring of a Chief
Administrative Officer. At a Special Council Meeting on June 27, 2017, Council completed
the recruitment interviews and resolved to hire Mr. Andrew Allison as the new CAO. This
report includes the necessary appointment By-law.
1. Background
1.1 Section 229 of the Municipal Act, 2001, S.O. 2001 c.25 authorizes the municipality to
appoint a chief administrative officer with the following responsibilities:
a)Exercising general control and management of the affairs of the municipality for the
purpose of ensuring the efficient and effective operation of the municipality; and
b)Performing such other duties as are assigned by the municipality.
1.2 Curry Clifford was appointed as Interim Chief Administrative Officer by By-law 2016-074
on September 19, 2016. As CAO his duties and expectations were set out in By-law 98-
171, as amended by By-law 2016-073.
1.3 On December 12, 2016 Council considered Report CAO-007-16, Executive Recruiting
Services for Recruitment of a Chief Administrative Officer and passed the following
resolution #C-344-16
That Report CAO-007-16 be received;
That staff be authorized to use the process as outlined in Report CAO-
007-16 and the Purchasing Manager be authorized to issue a limited
invitation Request for Proposal to selected companies (i.e. 4 to 6 firms)
with proven expertise in executive recruiting service and to submit
proposals based on the scope of work as outlined in Attachment 1;
That Ken Knox be appointed to the selection committee; and
That the Interim Chief Administrative Officer, in accordance with
Recommendation 2, report back to Council with a recommendation for an
award of contract to an executive recruiting firm.
That all Members of Council participate in the final interview process.
1.4 On June 27, 2017 Council interviewed the final candidates for the position of CAO. At the
conclusion of Council’s deliberations of the candidate qualifications and suitability,
Council passed the following resolution #CC-06-17:
Municipality of Clarington
Report CLD-015-17 Page 3
That Mayor Foster be directed to negotiate an employment contract with
Andrew Allison for the position of Chief Administrative Officer for the
Municipality of Clarington.
1.5 Andrew Allison has agreed to accept the offer of appointment of CAO, effective August
14, 2017, as per the conditions set out in the employment Agreement dated June 29,
2017.
2.Concurrence
Not Applicable
3.Conclusion
Based on the foregoing, it is respectfully recommended that Council approve the Draft
By-law appointing Andrew Allison as the Chief Administrative Officer for the Municipality
of Clarington.
Municipality of Clarington
Report CLD-015-17 Page 4
4. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
Anne Greentree, Curry Clifford,
Municipal Clerk Interim CAO
Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or
agreentree@clarington.net
Attachments:
Attachment 1 - By-law to appoint Mr. Andrew Allison as Chief Administrative Officer
Attachment 2 – Employment Contract (circulated under separate cover)
Attachment 3 – By-law 98-171, as amended
The following is a list of the interested parties to be notified of Council's decision:
Andrew Allison
The Corporation of the Municipality of Clarington
By-law 2017-064
Being a by-law to appoint Mr. Andrew Allison as the Chief Administrative Officer.
Whereas the Municipality of Clarington’s previous Chief Administrative Officer retired
and temporarily replaced by an Interim Chief Administrative Officer; and
Whereas Section 229 of the Municipal Act, 2001, 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; and
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to appoint a Chief Administrative Officer;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1.That Mr. Andrew Allison be appointed as Chief Administrative Officer for the
Municipality of Clarington, effective August 14, 2017.
2.That the duties and responsibilities of the Chief Administrative Officer be in
accordance with By-law 98-171, as amended from time to time.
3.That the salary, benefits and conditions of service of Mr. Andrew Allison as Chief
Administrative Officer be as set out in the Employment Agreement dated June
29, 2017.
4.That By-law 2016-074, appointing the Interim Chief Administrative Officer for the
Municipality of Clarington, be repealed effective August 14, 2017.
5.This by-law shall come into force and effect on the day of passing.
Passed in Open Council this 3rd day of July, 2017.
_____________________________
Adrian Foster, Mayor
_____________________________
C. Anne Greentree, Municipal Clerk
Attachment #1 to Report
CLD-015-17
r
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
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.
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 Council and Committee meetings with the right, with the consent of the Chair, to
speak, but not to vote.
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.
Attachment #3 to
Report CLD-015-17
By-law 98-171 Page 2
1) 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.
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.
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.
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.
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
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.
Mayor
r
Clerk
i
The Corporation of the Municipality of Clarington
By-law 2016-073
Being a by-law to define and determine the duties and responsibilities of the
Chief Administrative Officer
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; and
Whereas By-law 98171 was enacted by Council to establish and define and determine
the duties and responsibilities of the Chief Administrative Officer for the Municipality of
Clarington; and
Whereas the Council of the Corporation of the Municipality of Clarington deems it
appropriate to update the duties and responsibilities of Clarington's Chief Administrative
Officer;
Now therefore the Council of the Municipality of Clarington enacts as follows:
That the following authority to be added:
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;
2. That. Section 4. d) be deleted and replaced with:
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 or presiding officer.
That Section 4. o) be amended to delete "Appoint" and replace it with "Hire".
2. That Section 4. p) be amended to delete "Appoint and employ" and replace it with
Hire and govern
3. Delete 4. x).
Passed in Open Council this 19th day of September, 2016.
Adrfan Fq!,fer Mayor
Municipal Clerk