District of Tofino Officer, Employees and Indemnification Bylaw No. 1235, 2017 Effective Date December 14, 2017

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1 CORPORATION OF THE DISTRICT OF TOFINO District of Tofino Officer, Employees and Indemnification Bylaw No. 1235, 2017 Effective Date December 14, 2017

2 DISTRICT OF TOFINO BYLAW NO. 1235, 2017 A bylaw to establish officer positions, designate municipal employees, and to provide for the indemnification of municipal officials of the District of Tofino WHEREAS: A. Pursuant to section 146 of the Community Charter, Council must by bylaw establish officer positions in relation to the duties prescribed under sections 147, 148 and 149; B. Pursuant to section 187 of the Community Charter, Council may provide for the indemnification of municipal officials referred to in section 740 of the Local Government Act; C. Pursuant to the Financial Disclosure Act, Council may designate municipal employees for the purposes of filing written financial disclosures; D. Pursuant to section 740(2) of the Local Government Act, Council may by bylaw provide that the District will indemnify municipal officials against any claim for damages against a municipal official arising out of the performance of their duties and, in addition, pay legal costs incurred in a court proceeding arising out of such claims; NOW THEREFORE the Council of the District of Tofino in open meeting assembled, enacts as follows: 1. Name This Bylaw may be cited for all purposes as the District of Tofino Officer, Employees and Indemnification Bylaw No. 1235, Definitions In this Bylaw: (d) Community Charter means the Community Charter, S.B.C. 2003, c.26, as amended from time to time; Council means the Council of the District; District means the District of Tofino; Municipal Official means: (i) (ii) a current or former Council member, a current or former District officer or employee,

3 (iii) (iv) (v) (vi) (vii) (viii) a member of a commission established by Council under section 143 of the Community Charter, a member of an advisory planning commission established by Council under section 461 of the Local Government Act, a member of a board of variance established by the District under Division 15 of Part 14 of the Local Government Act, a volunteer firefighter of the District or a special constable, a volunteer who participates in the delivery of services by the District under the supervision of an officer or employee of the District, and a member of a District committee who is not also a member of Council. 3. Officer and Municipal Employee Positions The persons holding the following positions are officers of the District and are designated municipal employees for the purposes of the Financial Disclosure Act: Chief Administrative Officer; Corporate Officer; and Chief Financial Officer. 4. Powers, Duties, and Responsibilities of Chief Administrative Officer The person holding the office of Chief Administrative Officer is assigned the responsibilities of the chief administrative officer of the District, including: (d) (e) (f) carrying out the powers, duties and functions specified in section 147 of the Community Charter and other provisions applicable to the Chief Administrative Officer in other enactments; appointing, promoting, disciplining, suspending, and terminating any employee of the District, subject to any contract of employment or collective agreement in force, other than an officer listed in section 3 of this Bylaw; appointing acting department heads to administer departments in case of illness or absence; determining compensation of non-union employees in accordance with policies and budgets established by Council; negotiating collective agreements, subject to Council approval; re-organizing the administrative structure from time to time in order to improve the efficient and effective operation of the District;

4 (g) (h) (i) (j) developing, approving, and implementing policies, procedures, and practices for dealing with administrative matters; acting as the principal intermediary between the District and the administration of other entities dealing with the District, including other government entities; designating a deputy to act in the Chief Administrative Officer s absence; and 5. Powers, Duties, and Responsibilities of Corporate Officer The person holding the office of Corporate Officer is assigned the responsibility of corporate administration for the District, including: carrying out the powers, duties and functions specified in section 148 of the Community Charter and other provisions applicable to the Corporate Officer in other enactments; designating a deputy to act in the Corporate Officer s absence; and 6. Powers, Duties, and Responsibilities of Director of Financial Services The person holding the office of Director of Financial Services is assigned the responsibility of financial administration for the District, including: carrying out the powers, duties and functions specified in section 149 of the Community Charter and other provisions applicable to the Director of Financial Services in other enactments; designating a deputy to act in the Director of Financial Service s absence; and 7. Indemnification of Municipal Officials 7.1 The District will indemnify its Municipal Officials against payment of amounts required or incurred: to defend an action or prosecution brought against a Municipal Official in connection with the exercise or intended exercise of that person s powers or the performance of intended performance of that person s duties or functions; to satisfy a judgment, award or penalty imposed in relation to an action or prosecution brought against a Municipal Official in connection with the exercise or intended exercise

5 of that person s powers or the performance of intended performance of that person s duties or functions; or in relation to an inquiry under the Public Inquiry Act, or to another proceeding, that involves the administration of the District or the conduct of municipal business. 7.2 The District will not seek indemnity against a Municipal Official where the actions or conduct of that Municipal Official results in a claim for damages against the District by a third party, unless the Municipal Official has been guilty of dishonesty, gross negligence, or malicious or willful misconduct. 8. Repeal The following bylaws are hereby repealed: District of Tofino Officers and Employees Bylaw No. 1062, 2008 and District of Tofino Indemnification Bylaw No. 809, Severability If any part, section, subsection, clause or sub-clause of this Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Bylaw. READ A FIRST TIME on November 28, 2017 READ A SECOND TIME on November 28, 2017 READ A THIRD TIME on November 28, 2017 ADOPTED on December 14, 2017 Josie Osborne, Mayor Robert MacPherson, Corporate Officer