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BYLAW - amend 2991 88, respecting the appointment of a cheif administrative officer - 19940906 - 357694HTHE CORPORATION OF THE TOWN OF AURORA By-law Number 3576-94.H BEING A BY-LAW to amend By-law 2991-88, respecting the appointment of a Chief Administrative Officer. WHEREAS Section 72 of the Municipal Act R.S.O. 1990, c.M.45 authorizes the Council of The Corporation of the Town of Aurora, by by-law, to appoint a Chief Administrative Officer who shall have such general control and management of the administration of the Corporation's government and affairs and perform such duties as the Council shall, by by-law, prescribe. AND WHEREAS Council on the 18th day of May, 1988 enacted By-law No. 2991-88, a by- law to appoint a Chief Administrative Officer. AND WHEREAS it is now deemed expedient to repeal the provisions of the said By-law respecting the appointment of Mr. James B. Currier. NOW THEREFORE the Municipal Corporation of the Town of Aurora ENACTS AS FOLLOWS: 1. THAT Clause No. 7 of By-law No. 2991-88 respecting the appointment of a Chief Administrative officer be and is hereby repealed. 2. THAT the provisions of this By-law shall come into force and effect upon final passage thereof. READ A FIRST AND SECOND TIME THIS 6TH DAY OF SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF SEPTEMBER, 1994. NICIPAL CLERK BY-LAW NUMBER 2991-88 OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA BEING A BY-LAW of The Corporation of the Town of Aurora to establish the office and define, limit and determine the duties and responsibilities of the Chief Administrative Officer. WHEREAS Section 76 of the Municipal Act R.S.O. 1980, Chapter 302 authorizes the Council of The Corporation of the Town of Aurora, by by-law, to appoint a Chief Administrative Officer who shall have such genera 1 contro 1 and management of the administration of the Corporation's government and affairs and perform such duties as the Council shall, by by-law, prescribe; AND WHEREAS it is deemed expedient and des i rab 1 e to estab 1 ish the position of Chief Administrative Officer and to define, limit and determine the duties and responsibilities thereof; THEREFORE the Council of the Town of Aurora enacts as follows: 1. The Council of The Corporation of the Town of Aurora does hereby establish an office of Chief Administrative Officer of The Corporation of the Town of Aurora and the· 'incumbent of the position shall be responsible only to the Council of the Corporation. 2. The duties and responsibilities of the said office shall be as set forth in Schedule "A" hereto attached provided, however, that the said duties and responsibilities shall not be deemed to empower the said Chief Administrative Officer to have, perform, do or direct any act or matter that wou 1 d to any extent whatsoever encroach upon the legislative powers of the Council. 3. The Counci 1 is hereto 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. 4. No person who has served as a member of Council shall be eligible to be appointed as Chief Administrative Officer until two years have elapsed following the expiration of the last term served. 5. The Chief Administrative Officer shall not be dismissed except by by-law passed by Council at a meeting of Council duly called after written notice has been given at a previous meeting. 6. 7. 8. - 2 - If the Chief Administrative Officer is absent from duty, on vacation or through illness, the Clerk shall be the responsible official for Town contact and staff directions, and should such absence exceed three weeks, the Council may, by by-law, appoint an acting Chief Administrative Officer who shall have all the powers, duties and responsibilities of the Chief Administrative Officer under this by-law. That James B. Currier be and is hereby appointed Chief Administrative Officer of the Town of Aurora effective the 1st day of June, 1988. That the provisions of By-law No. 2878-86 be and are hereby repealed. READ A ~ . J._ ll!l FIRST AND SECOND TIME THIS Lf.. DAY OF -'-q'-+-Y~-'--+---' 1988. READ A THIRD TIME AND FINALLY PASSED THIS/~AY OF~· I988, MAYOR ____ __,. SCHEDULE "A" TO BY-LAW 2991-88 SUBJECT to the provisions of the Municipal Act and any other statutes, the duties and responsibilities of the Chief Administrative Officer shall be: 1. Coordinates and directs the Department Heads in the efficient administration of the municipality in accordance with the policies and plans approved and established by the Council. 2. Develops a process for producing and maintaining a long term corporate development plan, including financial implications, and ensure that the plan is developed, approved and implemented. 3. Establishes, and is the Chairman of, an administrative Committee of Department Heads for coordination purposes. 4. Coordinates and directs the Department Heads in the preparation of plans and programs to be submitted to Council with suitable alternatives for the construction, maintenance, development and improvement of municipal properties, facilities and services. 5. Coordinates and directs the implementation of the approved policies and programs of Council and deals with any matter, including accordance to Council taken. complaints from citizens with the policies of Council, ans1ng therefrom, in without further reference subject to regularly reporting to Council upon actions 6. Reviews regularly the ·municipality's organization and departmental structure, in conjunction with changes that would improve economy of the structure. Department Heads and the effectiveness, recommends any efficiency or 7. Coordinates, primarily through the Committee of Department Heads, the compilation, consideration and presentation to Council of recommendations of Department Heads arising from departmental operations, and comments thereon as appropriate and, with the advice and assistance of the ·Department Heads, proposes by-1 aws and reso 1 uti ons to give effect to such recommendations as are adopted by Council. 8. Directs the codification of the policies and procedures of Council and its Committees and Departments. 9. Ensures that information and reports requested by Council or that could be of assistance to Council, are obtained and submitted to Council in a timely fashion. - 2 - 10. Coordinates the presentation to Council, at least quarterly, of a report on the Corporation's operations, finances and works-in-progress together with any recommendations necessary for Council to achieve its objectives and any other matter that ought to be reported to Council. 11. Directs and controls all employees of the Corporation except such officials as are appointed by statute in respect to their duties and responsibilities and, in particular: a) recommends to Council the appointment, employment, suspension or dismissal of Department Heads; and b) appoints, employs, suspends or dismisses employees within the employee establishment authorized by Council, in conjunction with Department Heads and in accordance with the provisions of collective bargaining agreements and/or other procedures approved by Council. 12. Establishes an annual evaluation of employee performance in all Departments and, with respect to Department Heads, evaluates their performance annually and reports thereon to Council. 13. Recommends to Council with respect to the pay, fringe benefits and working conditions of all employees, using collective bargaining procedures where required, and coordinates and d! !'ects Department Heads in the administration of the approved Council agreements. 14. Directs the exercise of a general financial control of all departments with the assistance of the Treasurer. 15. Directs the preparation of and the presentation to Council of the annual estimates· of expenditures and revenues and the five year forecast of capital expenditures, revenues and operating costs and the subsequent administration and control of the municipality's affairs according to the estimates as approved by Council. 16. Has the right to attend all meetings of Council and its Committees and to speak with the consent of the presiding officer. 17. Carries out such other duties and responsibilities assigned by Council or exercises any power from time to time lawfully granted by Council. Aurora Special Council Minutes No. 28-94 Tuesday, September 6, 1994 Page2 NEW BUSINESS Memorandum from J. Currier re: Resignation as Chief Administrative Officer for the Town #495. BY-LAW Moved by Councillor Timpson Seconded by Councillor Jones THAT Council of the Corporation of the Town of Aurora accept, with regret, the resignation of Mr. James B. Currier, Chief Administrative Officer, effective the 2nd day of September, 1994; THAT the Mayor and Clerk be authorized to execute a contract with Mr. Currier in order that assistance respecting outstanding issues can be rendered on as required basis; and THAT Bill No. 3576-94.H, a By-law to amend By-law No. 2991-88 be given three readings. CARRIED #496. Moved by Councillor Constable Seconded by Councillor Healy #497. #498. THAT leave be given the Mover and Seconder to introduce the following bill for First Reading: 3576-94.H Being a By-law to amend By-law No. 2991-88, respecting the appointment of a Chief Administrative Officer. AND THAT the same be taken as read a First Time. CARRIED Moved by Councillor Healy Seconded by Councillor Jones THAT leave be given the Mover and Seconder to introduce the following bill for Second Reading: 3576-94.H Being a By-law to amend By-law No. 2991-88, respecting the appointment of a Chief Administrative Officer. AND THAT the same be taken as read a Second Time. CARRIED Moved by Councillor Jones Seconded by Councillor Healy THAT leave be given the Mover and Seconder to introduce the following by-law for Third Reading: 3576-94.H Being a By-law to amend By-law No. 2991-88, respecting the appointment