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HomeMy WebLinkAboutCLD-026-16Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 6, 2016 Report Number: CLD-026-16 Resolution: File Number: By-law Number: Report Subject: Job Description and Appointment of Interim Chief Administrative Officer Recommendations: 1.That Report CLD-026-16 be received; 2.That the amending By-law attached to Report CLD-026-16 as Attachment 1, being a by- law to establish the position and to define the duties and responsibilities of the Chief Administrative Officer, be approved; 3.That the By-law attached to Report CLD-026-16 as Attachment 2, being a by-law to appoint Mr. Curry Clifford as the Interim Chief Administrative Officer, be approved; and 4.That all interested parties listed in Report CLD-026-16 and any delegations be advised of Council's decision by the Department. Municipality of Clarington Report CLD-026-16 Page 2 Report Overview The job description for Clarington’s Chief Administrative Officer was established in 1998 by By-law 98-171. With the current Chief Administrative Officer’s retirement, effective September 16, 2016 it is appropriate for the job description to be updated with minor amendments to reflect the current job expectations. Whereas Council has indicated a desire to appoint an interim CAO, it is recommended that Council appoint an interim CAO effective September 19, 2016 to fulfill the duties as detailed in the draft by-law attached to this Report as Attachment 1, and to assist Council in carrying out the recruitment of a new CAO. 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 The current Chief Administrative Officer was appointed by By-law 98-172 on November 25, 1998. The Chief Administrative Officer’s duties and expectations were set out in By- law 98-171 (Attachment 4). The current Chief Administrative Officer will retire effective September 16, 2016. 1.3 Mr. Curry Clifford recently retired from his position as Corporate Initiatives Officer, in Clarington’s CAO Office. He is familiar with the Municipality of Clarington, its Administration, and Council. 2. Proposal 2.1 Job Description As stated earlier in this Report, the existing Chief Administrative Officer Job Description was developed in 1998 and adopted by Council (By-law 98-171). The details of that 1998 job description have been reviewed and the proposed draft by-law details proposed minor amendments to reflect job expectations. It is recommended that the updated job description as detailed in the draft by-law, being Attachment 1 to this Report, be approved. Municipality of Clarington Report CLD-026-16 Page 3 2.2 Appointment of Interim CAO Mr. Curry Clifford has agreed to accept the offer of appointment of Interim CAO, as defined in By-law 98-171, as amended, as per the conditions set out in the Limited Term Contract for Administrative Services (Confidential Attachment 3). Mr. Clifford’s appointment will provide administrative continuity for the organization while assisting Council in the recruitment for a more permanent CAO appointment. It is therefore recommended that Council approve the by-law (Attachment 2 to this Report) appointing Mr. Curry Clifford as Interim Chief Administrative Officer for the Municipality of Clarington, effective September 17, 2016. 3. Concurrence Not Applicable 4. Conclusion To provide continuity of administration it is recommended that Mr. Curry Clifford be appointed as Interim Chief Administrative Officer to perform the duties and responsibilities as detailed in the draft by-law attached to this report as Attachment 1. 5. Strategic Plan Application Not applicable. Submitted by: Reviewed by: C. Anne Greentree, Marie Marano, Municipal Clerk Acting CAO Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington.net Attachments: Attachment 1 -- By-law to amend By-law 98-171, being a by-law to define the duties and responsibilities of the Chief Administrative Officer Attachment 2 – By-law to appoint Mr. Curry Clifford as Interim Chief Administrative Officer Attachment 3 – Term Contract for Service (circulated separately due to confidentiality) Attachment 4 – By-law 98-171 The following is a list of the interested parties to be notified of Council's decision: Mr. Curry Clifford Attachment 1 to Report CLD-026-16 The Corporation of the Municipality of Clarington By-law 2016-XXX Being a by-law to define and determine the duties and responsibilities of the Chief Administrative Officer 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 By-law 98-171 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: 1. That the following authority to be added: 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; 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. 1. That Section 4. o) be amended to delete “Appoint” and replace it with “Hire”. Attachment 1 to Report CLD-026-16 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. _____________________________ Adrian Foster, Mayor _____________________________ C. Anne Greentree, Municipal Clerk Attachment 2 to Report CLD-026-16 The Corporation of the Municipality of Clarington By-law 2016-XXX Being a by-law to appoint Mr. Curry Clifford as the Interim Chief Administrative Officer. Whereas the Municipality of Clarington’s current Chief Administrative Officer has retired; 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 an Interim Chief Administrative Officer until such time as a permanent replacement can be hired; and Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That Mr. Curry Clifford be appointed as Interim Chief Administrative Officer for the Municipality of Clarington, effective September 19, 2016. 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. Curry Clifford as Interim Chief Administrative Officer be as set out in the Limited Term Contract for Administrative Services dated August 3, 2016. 4. That By-law 98-172, appointing the Chief Administrative Officer for the Municipality of Clarington, be repealed. 5. This by-law shall come into force and effect on the day of passing. Passed in Open Council this 19th day of September, 2016. _____________________________ Adrian Foster, Mayor _____________________________ C. Anne Greentree, Municipal Clerk 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. 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