BYLAW - Appoint Clerk Lisa Lyons - 20160712 - 588416THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5884-16
BEING A BY-LAW to appoint a Clerk
and to delegate certain authority to
the Clerk 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 a Clerk;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
THAT Lisa Lyons be and is hereby appointed as Clerk on behalf of the Town,
and her official title may be called `Town Clerk".
2. THAT the powers and duties of the Clerk shall be all those powers and duties
as set forth in the Act and every other statute for a municipal Clerk as well as
the duties, responsibilities, and delegated authority of the Clerk shall be as set
forth in Schedule "A" attached hereto and forming part of this By-law.
3. THAT By-law Number 5853-16 be and is hereby repealed.
4. THAT this By-law shall come into full force and effect on the 2"d day of August,
2016.
READ A FIRST AND SECOND TIME THIS 12th DA Y OF JUL Y, 2016.
READ A THIRD TIME AND FINALLY PASSED THIS 12th DAY OF JUL Y, 2016.
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LISA L NS, TOWN CLERK
By -Law Number 5884-16 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
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 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 may deem necessary to conduct an election,
notwithstanding the provisions of the Procurement By-law.