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HomeMy Public PortalAboutTown Officers Bylaw 1353TOWN OF OLIVER BYLAW 1353 A Bylaw to provide for the designation and the establishment of powers, duties and responsibilities of Officers of the Town of Oliver. WHEREAS, the Community Charter provides that a municipal council: A. Must, by bylaw, establish officer positions in relation to the powers, duties and functions under Sections 148 (corporate officer) and 149 (financial officer) of the Community Charter; B. May, by bylaw, establish other officer positions; and C. May assign powers, duties and functions to its officer positions. NOW THEREFORE, the council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS: CITATION 1. This bylaw may be cited for all purposes as "Officers Bylaw 1353". OFFICERS POSITIONS 2. Council hereby declares that the persons holding the following positions are the Officers of the municipality under Section 146 of the Community Charter: (a) Chief Administrative Officer; (b) Chief Financial Officer; (c) Corporate Officer; 3. The position of Chief Administrative Officer is hereby established and assigned (a) the statutory powers, duties and functions specified in Section 147 of the Community Charter; and (b) powers, duties and functions specified in Schedule A. Bylaw 1353 Page 2 4. The position of Chief Financial Officer is hereby established and assigned (a) the statutory powers, duties and functions specified in Section 149 of the Community Charter, and (b) the powers, duties and functions as specified in Schedule B. 5. The position of Corporate Officer is hereby established and assigned (a) the statutory powers, duties and functions specified in Section 148 of the Community Charter; and (b) the powers, duties, and functions as specified in Schedule C. METHODS OF APPOINTING OFFICERS 6. The appointment of a person to any officer position identified in section 2 must be done by a resolution of Council. FINANCIAL DISCLOSURE 7. All persons employed in the positions identified in section 2, are designated to be “municipal employees” for the purpose of the Financial Disclosure Act. MISCELLANEOUS PROVISIONS 8. If any section, paragraph, clause or phrase of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this bylaw. 9. Officers Bylaw No. 1171 is hereby repealed in its entirety. Read a first, second and third time on the 14th day of July, 2014. Adopted on the 28th day of July, 2014. “original signed by Mayor” “original signed by Corporate Officer” ______________________________ ______________________________ Mayor Corporate Officer Bylaw 1353 Page 3 SCHEDULE A – Powers, Duties and Functions of the Chief Administrative Officer Working as the chief administrative officer of the corporation, this position, with the assistance of the senior management team, directs the operation of all aspects of the Municipality. This position reports directly to council on all matters requiring council approval and ensures that the municipality is operated in conformance with established council policies. The Chief Administrative Officer is relied upon directly as well as through staff and hired consultants, to provide council with sound advice on the full spectrum of municipal activities. 1. Direct the operation of all aspects of the municipal corporation, both directly and through appointed management staff, all in compliance with established council policies. 2. Provide leadership and advice to staff and council. 3. Establish staff policies as required to provide for efficient operations. 4. Solicit advice from legal, planning, labour relations, engineering and consultants as required to supplement expertise available on municipal staff. 5. Provide advice and recommendations to council, both at council's request and on own initiative. 6. Liaise with other government agencies as necessary on various issues. 7. Address issues related to labour-management relationships. 8. In association with any appointed council committee, act as the primary management representative in discussions involving labour relations issues including grievance hearings and collective agreement negotiations. 9. May be required to act as Subdivision Approving Officer, to review and establish requirements for subdivision applications, confirm compliance with applicable land use bylaws and public interest, ensure receipt of all applicable fees and approve subdivisions when appropriate. 10. Perform a wide variety of administrative or public works tasks in the event of an emergency or a labour disruption. Bylaw 1353 Page 4 SCHEDULE B - Powers, Duties and Functions of the Chief Financial Officer The Chief Financial Officer has the overall responsibility for all financial services including statutory duties assigned under the Community Charter and Local Government Act. The CFO provides strategic advice to the chief administrative officer and council on municipal finance and financial sustainability. The CFO provides support to the management team and departments in strategic planning, budgeting, financial reporting and monitoring, risk management, human resources and corporate performance management. 1. As head of the finance department, supervises and coaches Finance Department staff in the performance and duties. 2. Provides sound advice to the chief administrative officer and council regarding all matters having financial implications, ensuring the long term financial sustainability of the municipality. 3. On an ongoing basis seeks grant opportunities from all possible public and private sources, with the objective to maximize grant revenues to the Town. Prepares applications and submits progress reports and claims, or engages consultants. 4. Provides council with cost recovery information and sound recommendations to enable the establishment of explicit long term revenue objectives and policies regarding: • The proportions of revenue proposed to come from various funding sources • The distribution of property taxes among the property classes • The use of permissive tax exemptions 5. Assists and directs departmental managers to prepare detailed operating and capital budgets, and makes recommendation to council as to budget timelines. 6. Prepares and makes recommendations to council regarding the following annual or periodic bylaws, and the specific rates contained within them: • Water and sewer user fees and parcel taxes • Solid waste and recycling user fees • Specified area bylaws • 5 year financial plan • Annual tax rates and tax exemptions • Development fees and charges • All other miscellaneous fees 7. Makes recommendations to council on leasing verses long term borrowing, and administers all leasing through the MFA leasing program. 8. Contracts debt on behalf of the municipality, including preparation and processing of loan authorization, security issuing, short-term borrowing, and revenue anticipation borrowing bylaws. Recommends policies to council for all levels of borrowing including use of credit cards. Assist the corporate services department with publication of notices and assent procedures related to leases and borrowing. Bylaw 1353 Page 2 Schedule B…cont’d -- Powers, Duties and Functions of the Chief Financial Officer 9. Maintains special trust and reserve funds, ensuring proper segregation, accounting, and adherence to the Community Charter as to use and procedure. Monitors investments and maximizes investment returns to the municipality, including the management of cash flows. Recommends appointment of financial institution to council. 10. Makes recommendations to Council as to selection of auditors; coordinates and assists auditor in performance of his duties; reviews and conveys audit results to Council. 11. Establishes internal control policies and monitors adherence to ensure both safeguarding of municipal assets and integrity of financial information. 12. Provides monthly financial reporting to managers, including review and follow up of variances. Provides monthly statements to Oliver Fire Protection District or other contractual parties as required. 13. Provides quarterly and annual financial reporting to council. 14. Prepares annual financial statements in accordance with GAAP and PSAB 15. Prepares and submits financial reports to the province and other authorities as required, including but not limited to: • LGDE (local government data entry) • LGDE Tax (local government data entry tax) • UBCM surveys • Statistics Canada surveys • SOFI (Statement of Financial Information) 16. Reports to the public the objectives and accomplishments for the finance department as part of the Annual Report and Annual General Meeting presentation. 17. Recommends to council policies for tangible capital assets; and in conjunction with consultants establish and maintain asset inventories; value and amortization assets in accordance with PSAB 3150 requirements. 18. Recommends to council policies for insurance and risk management, and maintains liability, property and vehicle coverage. 19. Participates in collective bargaining, makes recommendation to Chief administrative officer and council as to any matter arising out of the collective agreement having financial implications; attends labour negotiation, grievance and labour/management committee meetings as necessary. Bylaw 1353 Page 3 Schedule B…cont’d -- Powers, Duties and Functions of the Chief Financial Officer 20. Performs a wide variety of administrative tasks or operational tasks in the event of an emergency or a labour disruption, or as needs arise. 21. Coordinates the budget approval process between the Town and the Oliver Fire Protection District, and administers the contract for services. 22. Prepares fire department requisitions and annual reconciliations for the Oliver Fire Protection District and Osoyoos Indian Band. 23. Annually reviews and coordinates updates of the Development Cost Charge Bylaw in consultation with the Town’s consulting engineer, Director of Operations and Chief administrative officer. Provides council with DCC forecasts and makes recommendation to council for revenue recovery and local assist factors. SCHEDULE C - Powers, Duties and Functions of the Corporate Officer Acting in the statutory capacity of section 148 of the Community Charter, this position is responsible for the smooth operation of local government including the conduct of meetings, preparation of bylaws, preparation and custody of minutes and bylaws and other matters as prescribed by the Charter and this schedule. 1. Performs all administrative functions related to meetings, minutes, bylaws, records, document access, certifications and oaths, acceptance of notices and custody of the corporate seal as required by the Community Charter. 2. Administers the records management program, including electronic data storage and file retention program. 3. Participates in collective bargaining and attend labour negotiation meetings when necessary. 4. Implement directives of Council and the Chief Administrative Officer. 5. Works cooperatively with the Administration Department and other departments. 6. Administers the Risk Management system and receives and processes all insurance claims. 7. Administer the Bylaw Enforcement, Animal Control and Municipal Ticketing system. 8. Administers janitorial contracts. 9. Oversees the drafting and updating of Town lease agreements, in consultation with other municipal officers. 10. Draft bylaws and agreements as directed by the Chief Administrative Officer or Council. 11. Prepare and administer various land title documents related to municipal lands and rights of way. 12. Liaise with solicitor on legal matters relating to the Town. 13. Serve as an election official as required and when appointed by Town Council. 14. Carry out various duties related to planning and operation of an emergency operations centre as required. 15. Perform a wide variety of administrative and clerical duties in the event of an emergency or a labour disruption, or as needs arise.