HomeMy WebLinkAboutCRPS-10-146 - Delegation of Authority - Lame Duck CouncilREPORT TO: Mayor C. Zehr and Members of Council
DATE OF MEETING: September 7, 2010
SUBMITTED BY: R. Gosse, Director of Legislated Services/City Clerk
PREPARED BY: R. Gosse ext. 2801
WARD(S) INVOLVED: n/a
DATE OF REPORT: August 30, 2010
REPORT NO.: CRPS-10-146
SUBJECT: DELEGATION OF AUTHORITY -LAME DUCK COUNCIL
RECOMMENDATION:
That in the event the provisions of Section 275 of the Municipal Act, as amended, comes
into force and effect between the period September 10 to December 6 2010; the Chief
Administrative Officer is granted authority to approve expenditures or other liabilities
which are currently unbudgeted and with a value in excess of $50,000.00; and,
That the Mayor and Clerk be authorized to execute Agreements that have been approved
by the Chief Administrative Officer during this period, provided said Agreements are to
the satisfaction of the City Solicitor; and further,
That any approvals granted by the Chief Administrative Officer during this period be
reported to Council for ratification at the earliest opportunity following the Inaugural
Meeting of the new Council.
BACKGROUND:
Section 275 of the Municipal Act (the Act) sets out possible restrictions on a council, sometimes
referred to as the `Lame Duck' provisions. Essentially, as soon as it can be determined, either
after nomination day (September 10, 2010) or after voting day (October 25, 2010), that it has
become mathematically impossible for three-quarters of the outgoing council to be re-elected,
the restrictions set out in the Act, apply.
The restrictions only pertain to the following actions:
(a) the appointment or removal from office of any officer of the municipality;
(b) the hiring or dismissal of any employee of the municipality;
(c) the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal; and,
(d) making any expenditure or incurring any other liability which exceeds $50,000.
The expenditure restrictions in (c) and (d) apply only if the amounts were not included in the
most recent budget adopted by council before Nomination Day.
14-1
Sub-section 275(6) of the Act, provides that Section 275 does not prevent a person or body
exercising any authority of the municipality that is delegated to the person or body prior to
nomination day.
REPORT:
Due to the number of candidates currently nominated for city council and the fact that 2 current
members of council have submitted their nominations for regional council, it is highly probable
that council will be subject to the restrictions contained in Section 275 of the Act. In anticipation
of this, it is being recommended that the CAO be delegated authority to approve unbudgeted
expenditures in excess of $50,000. This delegation of authority has been made in previous
election years to ensure continuity of business in the event an unforeseen expenditure is
required for the good of the city. This delegation does not include authority to approve the
disposition of city property with a value exceeding $50,000 that isn't part of the current budget.
FINANCIAL IMPLICATIONS:
n/a
ACKNOWLEDGED BY: T. Speck, General Manager of Corporate Services
14-2