HomeMy WebLinkAboutCRPS-06-112 - Delegation of Authority - Lame Duck Councill
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Corporate Services
Report To: Councillor B. Vrbanovic, Chair, and Members of the Finance &
Corporate Services Committee
Date of Meeting: August 21, 2006
Submitted By: C. Ladd, Chief Administrative Officer
Prepared By: R. Gosse, City Clerk (2809)
wards} Involved: n/a
Date of Report: July 31, 2006
Report No.: CRPS-06-112
Subject: DELEGATION OFAUTHORITY - 'LAME DUCK' COUNCIL
RECOMMENDATION:
That the Chief Administrative Officer be granted authority to approve all Tenders, Expressions
of Interest and Proposal Calls which are currently unbudgeted and with a value in excess of
$50,000. for the period September 29 to December 11, 2006; and,
That this authority be automatically rescinded in the event the current Council, either on
September 29, 2006 (Nomination Day) or November 13, 2006 (Voting Day) is not prohibited
from carrying out the activities outlined in Section 275 of the Municipal Act, 2001; and further,
That any approvals granted by the Chief Administrative Officer during the above period be
reported to Council for ratification at the earliest opportunity following the Inaugural Meeting of
the new Council.
BACKGROUND:
The current Council is prohibited from taking any actions outlined below on September 29
(Nomination Day) or November 13 (Voting Day) if it is determined on either of those dates that
the new Council will include fewer than six members of the current Council. The expenditure
restrictions in c) and d) below apply only if the amounts were not included in the most recent
budget adopted by Council before Nomination Day.
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. when it was acquired by the municipality; and,
d) making any expenditure or incurring any other liability which exceeds $50,000.
REPORT:
In 2003, prior to the election, Council adopted the same recommendation being proposed in this
report as a means to ensure business continuity over the period should Council become a
Lame Duck Council. This delegation is authorized under Section 275 (6) of the Municipal Act.
The following are the areas and the staff positions relative to the previously listed restrictions:
• Tenders, Expressions of Interests, Proposal Calls -where the expenditure is unbudgeted
and in excess of $50,000. the City would have noway of routinely awarding without Council
approval. It is therefore suggested that the Chief Administrative Officer be granted authority
in this area along the same lines as contained in Chapter 115 (Corporate Management
Team) of the Municipal Code. Any approvals made using this authority would be subject to
ratification by the new Council.
• Appointment or removal of officers of the Corporation -the Chief Administrative Officer
presently has this authority with respect to job grades M2 and upward as outlined in Chapter
115. It was determined that no further authority would be required in this regard, and that
any actions with respect to Chapter 101 (Appointment -Staff, Provincial Offences Act) could
await ratification by the new Council.
• Hiring or dismissal of an employ -Council is not routinely involved in the hiring of
employees, and the Chief Administrative Officer already has dismissal authority below Job
Grade M2 under Chapter 115.
• Declaration of lands as surplus - it was determined that no action would be taken in this
regard during any period in which the current Council would be restricted in its actions.
• Disposition of lands, buildin_, sq ,equipment -again, it was determined that any actions in
these areas could be delayed and referred to the new Council.
• Reports to Council - it was generally agreed that staff, when writing reports to Council, would
consider any possible restrictions and advise as to whether an action can or cannot be
taken by the current Council in relation to any restrictions imposed by the Municipal Act.
FINANCIAL IMPLICATIONS:
Unknown at this time.
CONCLUSION:
It is appropriate to take these precautions in the event Council is restricted in its actions on
September 29. As indicated in the recommendation, any authority granted by Council in this
regard would automatically be rescinded when it is known that these restrictions would not apply
to the current Council.
C. Ladd
Chief Administrative Officer
R. Gosse
Director of Legislated Services
& City Clerk