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BYLAW - Appoint Acting Clerk Lisa Lyons - 20160426 - 585316THE CORPORA TION OF THE TO WN OF A URORA By-law Number 5853-16 BEING A BY-LAW to appoint a Clerk (Acting) and to delegate certain authority to the Clerk (Acting) on behalf of The Corporation of the Town of Aurora. WHEREAS subsection 228(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act"), states that a municipality shall appoint a clerk whose duty it is: (a) to record, without note or comment, all resolutions, decisions and other proceedings of the council; (b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question; (c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council; (d) to perform the other duties required under the Act or under any other statute; and (e) to perform such other duties as are assigned by the municipality; AND WHEREAS subsection 49(1) of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, ("MFIPPA"), states that a head may in writing delegate a power or duty granted or vested in the head to an officer or officers of the institution or another institution subject to such limitations, restrictions, conditions and requirements as the head may set out in the delegation; AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town") deems it necessary and expedient to appoint an Clerk (Acting); NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT Lisa Lyons be and is hereby appointed as Clerk (Acting) on behalf of the Town, and her official title may be called `Town Clerk (Acting)". 2. The duties, responsibilities, and delegated authority of the Clerk (Acting) shall be as set forth in Schedule "A" attached hereto and forming part of this By-law. 3. THAT By-law Number 5609-14 be and is hereby repealed. 4. THAT this By-law shall come into full force and effect on the 9th day of May, 2016. READ A FIRST AND SECOND TIME THIS 26t" DAY OF APRIL, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 2e DAY OFAPRIL, 2016 WNW% • • - • nHUY*E, TOWN CLERK r By-law Number 5853-16 Page 2 of 2 SCHEDULE "A" A. Subject to and together with the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 and any other statutes, the duties and responsibilities of the Clerk (Acting) shall include: 1. ensuring that the business of Council is conducted in accordance with the approved procedures of Council; 2. keeping and preserving all records of the municipality in accordance with statutory and Council requirements; 3. developing and maintaining a public information function and a public participation function in accordance with statutory and Council requirements; 4. receiving, recording, distributing, and controlling the disposition of municipal correspondence in accordance with the approved procedures of Council; 5. recording and maintaining the policies and procedures of Council and its Committees; 6. conducting elections in accordance with the Municipal Elections Act, 1996, S.O. 1996, c. 32, as amended, and acting as the Election Returning Officer; and 7. carrying out such other duties and responsibilities as may be assigned by Council, or the Chief Administrative Officer. B. In addition to the foregoing, the Clerk (Acting) is hereby delegated: 1. the full power, duty, and authority to act as the "head" in accordance with MFIPPA, which powers and duties shall include processing requests for information, responding to inquiries, and conducting appeals on behalf of the Town pursuant to MFIPPA; and 2. the authority to execute any such documents or ancillary agreements as the Clerk (Acting) may deem necessary to conduct an election or by- election, notwithstanding the provisions of the Procurement By-law.