Staff Report for Committee of the Whole Meeting

Transcription

1 Staff Report for Committee of the Whole Meeting Department: Division: Corporate and Financial Services Office of the Clerk Subject: Purpose: Appointment of a Deputy Town Clerk and Deputy Clerks for the Town To recommend that the current model for the designating only one deputy clerk for the Town be changed to meet the operational needs of the Office of the Clerk. Recommendation(s): a) That staff report SRCFS be received. b) That draft By-law No , being a by-law to appoint a Deputy Town Clerk, be enacted. c) That draft By-law No , being a By-law to appoint deputy clerks for the Town of Richmond Hill, be enacted. d) That the Clerk be authorized to present amendments to the deputy clerk by-law No directly to Council without a staff report. Contact Person: Stephen M.A. Huycke, Director, Council Support Services/Town Clerk, Extension 2529 Submitted by: David Dexter Acting Commissioner of Corporate and Financial Services/Treasurer Approved by: Neil Garbe Chief Administrative Officer

2 Page 2 Background: Subsection 282(1) of the Municipal Act, 2001, S.O. 2001, c.25, ( Municipal Act or 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 this Act or under any other Act; and (e) to perform such other duties as are assigned by the municipality. Subsection 228(2) of the Act states that a municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act. Council has appointed a Town Clerk and one Deputy Clerk for the Town. The statutory duties of the Clerk as set out in the Municipal Act are by no means exhaustive. The Clerk has duties and responsibilities in many pieces of legislation (for example, Assessment Act, Commissioner for taking Affidavits Act, Heritage Act, Planning Act, Marriage Act, Municipal Election Act, etc.). In addition to his statutory duties, the Town Clerk has administrative responsibility as Director of Council Support Services for the effective management of the Office of the Clerk. As Director, the Clerk is supported by the Manager of Legislative Services and Manager, Records and Information Management, who are in turn supported by staff responsible for delivering a range of statutory, legislative and administrative services. Many of the statutory duties assigned to the Clerk are shared between the Director and Manager of Legislative Services. For example, the Manager of Legislative Services will attend Council or committee meetings in the absence of the Clerk. Additionally, to ensure regular and efficient service delivery, some of the statutory services of the Clerk, such as performing the duties of a Commissioner for Taking Affidavits, are provided by the Council/Committee Clerks through delegations of authority that have to be renewed on a regular basis. Pursuant to subsection 282(4) of the Act, the clerk may delegate in writing to any person, other than a member of council, any of the clerk s powers and duties under the Municipal Act or any other Act. Appointment of Additional Deputy Clerks To ensure that the Office of the Clerk is able to continue provide a high level of service to both its internal and external stakeholders it is recommends that the Manager, Records & Information Management and Council/Committee Clerks be appointed by bylaw as deputy clerks for the Town of Richmond Hill. This recommendation aligns with current practice in the Office of the Clerk. For example, the Manager, Records & Information ( RIM ) oversees the Town s RIM, Access and Privacy and Vital Statistics

3 Page 3 programs, both of which are statutory duties of the Town Clerk, and the Council/Committee Clerks attend various advisory committee and task force meetings and commission various documents. Expanding the roster of deputy clerks appointed by by-law will allow the Office of the Clerk to address increasing volumes of work, and reduce the administrative burden of issuing written delegations of authority. Additionally, this recommendation aligns with best practices in the municipal sector by, for example, ensuring that every task force or advisory committee meeting is attended by a staff member who has the authority of the Clerk as set out in the subsection 282(1) of the Municipal Act. Appointment of a Deputy Town Clerk As a result of the appointment of additional deputy clerks for the Town, it is recommended that the Manager of Legislative Services deputy clerk appointment be amended so that the official title of the position is Deputy Town Clerk. This amendment reflects the senior role that the Manager of Legislative Services plays in exercising the statutory duties of the Clerk and in the overall administration of the Office of the Clerk. Future Amendments to the Deputy Clerk By-law By-laws are normally only presented for Council enactment following presentation of a staff report. Staff recommends that the Clerk be authorized to present amendments to By-law without a prior staff report in the event that there are changes to the individuals appointed to various administrative roles within the Office of the Clerk, or in the event that the Director of Council Support Services deems it necessary to have additional deputy clerks appointed to ensure efficient delivery of various statutory duties. Financial/Staffing/Other Implications: There are no financial implications from the adoption of the recommendations in this report. The appointment of the Manager, Records and Information Management and Council/Committee Clerks as deputy clerks is consistent with the job duties already associated with these positions. Relationship to the Strategic Plan: Changing the process by which deputy clerks are appointed by the Town, relates to the strategic plan goal of "Wise Management of Resources in Richmond Hill" by ensuring that the Office of the Clerk is able to continue to delivery services in an efficient manner. Conclusion: As a result of growth in the volume of statutory work performed in the Office of the Clerk it is recommended that the current model of designating only one deputy clerk for the Town be changed. To reflect the importance of the role, it is recommended that Manager of Legislative Services deputy clerk by-law be amended to create the title of Deputy Town Clerk. It is further recommended that four additional staff in the Office of

4 Page 4 the Clerk be designated as deputy clerks pursuant to subsection 282(2) of the Municipal Act, to enhance service delivery and formalize a practice already in place. Attachments: Attachment 1 Draft By-law No Attachment 2 Draft By-law No

5 SRCFS Attachment 1 Date: November 7, 2016 Page 1 THE CORPORATION OF THE TOWN OF RICHMOND HILL BY-LAW NO A By-law to Appoint a Deputy Town Clerk And to repeal By-law No WHEREAS section 228(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act"), states that a municipality may appoint deputy clerks who have all the powers and duties of the clerk under the Act and any other statute; AND WHEREAS the Council of The Corporation of the Town of Richmond Hill deems it necessary and expedient to appoint a Deputy Clerk, to be styled as Deputy Town Clerk ; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF RICHMOND HILL ENACTS AS FOLLOWS: 1. That Gloria T. Collier be and is hereby appointed deputy clerk for the Corporation of the Town of Richmond Hill, and her official title may be called ''Deputy Town Clerk". 2. That the duties and responsibilities of the Deputy Town Clerk shall include exercising: a. all of the powers and duties of the Clerk under the Act; b. all of the powers and duties of the Clerk under any other statutes; and c. all of the powers, duties, and responsibilities as specified or delegated to the Clerk. 3. That By-law No be and is hereby repealed in its entirety. 4. That this By-law shall come into full force and effect on the date of final passage hereof. PASSED THIS DAY OF, Mayor Town Clerk

6 SRCFS Attachment 2 Date: November 7, 2016 Page 1 THE CORPORATION OF THE TOWN OF RICHMOND HILL BY-LAW NO A By-law to Appoint Deputy Clerks for the Town of Richmond Hill WHEREAS section 228(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act"), states that a municipality may appoint deputy clerks who have all the powers and duties of the clerk under the Act and any other statute; AND WHEREAS the Council of The Corporation of the Town of Richmond Hill deems it necessary and expedient to appoint one or more deputy clerks; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF RICHMOND HILL ENACTS AS FOLLOWS: 1. That the persons named in Schedule A to this by-law be and are hereby appointed a deputy clerk for the Corporation of the Town of Richmond Hill. 2. That the duties and responsibilities of a deputy clerk shall include exercising: a. all of the powers and duties of the Clerk under the Act or any other statute; and b. such other powers, duties, and responsibilities as specified or delegated to the Clerk. 3. That this By-law shall come into full force and effect on the date of final passage hereof. PASSED THIS DAY OF, Mayor Town Clerk

7 SRCFS Attachment 2 Date: November 7, 2016 Page 2 By-law Schedule A Name Ryan Ban Tina Arbuckle Karyn Leanne Hurley Lena Sampogna Title Manager, Records and Information Management Council/Committee Clerk Council/Committee Clerk Council/Committee Clerk