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HomeMy Public PortalAboutBy-Law 2008-03 Adopt a Policy with Respect to Delegation of Council's Legislative and Administrative AuthorityCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2008-03 Being a By -Law to adopt a policy with respect to the delegation of Council's legislative and administrative authority. WHEREAS Section 270 of the Municipal Act, 2001 as amended requires municipalities to adopt and maintain a policy in respect of the delegation of Council's powers and duties; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. That the Policy for Delegation of Powers and Duties attached hereto as Schedule "A" to this by-law is hereby adopted as the policy for establishing the delegation of Council's legislative and administrative powers and duties. 2. That this by-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first and second time this 8th day of January, 2008. Read a third and final time, passed, signed and sealed in open Council this 8"' day of January, 2008. a 11,1.0 CLERK O CORPORATION OF THE MUNICIPALITY OF TWEED O POLICY for DELEGATION of POWERS and DUTIES This Policy for the delegation of Council's powers and duties is issued under the authority of the Council of the Corporation of the Municipality of Tweed in accordance with By -Law No. 2008-03 dated January 8, 2008. MUNICIPALITY OF TWEED DELEGATION of POWERS and DUTIES POLICY Purpose and Application Q a The Municipal Act, 2001 requires that all municipalities adopt and maintain a policy with respect to the delegation of Council's legislative and administrative authority. The purpose of this policy is to set out the scope of the powers and duties which Council may delegate its legislative and administrative authority and to establish principles governing such delegation. This policy has been developed in accordance with the Act in order to comply with its other applicable sections, including Section 270. This policy applies to all members of Council, committees, departments and staff. Definitions Legislative Powers Includes all matters where Council acts in a legislative or quasi judicial function including enacting by-laws, setting policies, and exercising decision making authority. Administrative Powers Includes all matters required for the management of the corporation which do not involve discretionary decision making. Policy Statement The Council of the Municipality of Tweed as a duly elected municipal government is directly accountable to its constituents for its legislative decision making, policies, and administrative functions. Council's decisions are generally expressed by by-law or resolution of Council, carried by a majority vote. The efficient management of the municipal corporation and the need to respond to issues in a timely fashion require Council to entrust certain powers and duties to committees and staff which concurrently maintaining accountability, which can be effectively accomplished through the delegation of legislative and administrative functions. Council authority will be delegated within the context set out in the Act and will respect the applicable restrictions of the Act. Page 2 Delegation of Powers Policy Policy Requirements 1. All delegations of Council powers, duties or functions shall be effected by by-law. 2. Unless a power, duty or function of Council has been expressly delegated by by-law, all of the powers, duties and functions of Council remain with Council. 0 3. A delegation of power, duty or function under any by-law to any member of staff includes a delegation to a person who is appointed by the CAO or selected from time to time by the delegate to act in the capacity of the delegate in the delegate's absence. 4. Subject to Section 3, a person to whom a power, duty or function has been delegated by by-law has no authority to further delegate to another person any power, duty or function that has been delegated, unless such sub -delegation is expressly permitted. 5. Legislative matters may be delegated by Council where they are minor in nature or where Council has explicitly provided for the terms and conditions under which the powers shall be exercised, and must take into account the limitations set out in the Act. 6. Administrative matters may generally be delegated to staff subject to the conditions set out in the delegation and in this policy, and must take into account the limitations set out in the Act. In exercising any delegated power, the delegate shall ensure the following. Any expenditure related to the matter shall have been provided for in the current year's budget and in accordance with the procurement policy. The scope of the delegated authority shall not be exceeded by the delegate. Where required by the specific delegated authority, reports shall be submitted to Council advising of the exercise of a delegated power and confirming compliance with the delegated authority and this and any related policy. All policies regarding insurance and risk management shall be complied with. Delegates shall ensure the consistent and equitable application of Council policies and guidelines. 0