Delegation of Authority By-law. Presented by: Peter Simmons Chief Corporate Services Officer

Transcription

1 Delegation of Authority By-law Presented by: Peter Simmons Chief Corporate Services Officer

2 Presentation 1. Review What is the Delegation of Authority By-law? 2. Background and Historical review 2007 to What the Delegation of Authority By-law means, and doesn t mean 4. Samples of authority granted within the By-law 5. Reporting requirements and commitments 6. Next steps 2

3 What is the Delegation of Authority By-law? The Delegation of Authority by-law is a document that consolidates other Brampton council approved by-laws and previously delegated authority to officers, employees, committees and tribunals of the City, which allows and/or authorizes the execution of actions, specific agreements, the approval of invoices, and other administrative matters. * A delegation of authority (or power, duty) policy is not discretionary. It is required under Section 270 of the Municipal Act,

4 Background and Historical Review Pre-November 2007 Delegation of authority provided through by-law as a longstanding and common practice November 2007 Council adopts a Delegation of Authority policy (as provided through Municipal Act, 2001, Section 270) April 2008 Complementary Real Estate policy passed by Council delegating certain real estate transaction authority to staff May 2011 Staff recommend consolidating all existing authority granting by-laws into one (1) authorizing by-law June 2011 Delegation of Authority by-law passed inclusive of Real Estate policy November 2011, March 2012, May 2012 Amendments to the by-law adding standard transit agreements, insurance deductible claims, Municipal Statements (Condominium Act) September 2013 Realignment/structural reorganization of the Corporation including the merging of divisions and departments prompted by-law , which recognized new job titles, and corporate divisions. 4

5 What the Delegation of Authority By-law means: Assists in overall administrative efficiency A clean and consolidated authority reference Provides clear authority for decision-making Removes ambiguity in accountability Identifies department and Chief of the department As a Council approved by-law it vests the authority in Council to add/remove authority as it sees fit, and deems appropriate And what it doesn t mean: That Council is hands-off from the corporation Rather, Council is always free to act and the by-law can be expanded or contracted A concentration of power It is a reference consolidation of distributed powers conferred by Council That Council s role is reduced, or oversight is eliminated Staff is required to conform to the authority granted, and a reporting process to Council 5

6 Samples of bylaws granting authority to staff and committees: By-law Surplus declaration for excess property or rights to be conveyed to a utility for installation /maintenance of services, or for a property or rights to be conveyed to another government (Chief of the operating department). By-law The day-to-day control and management of each cemetery governed by By-law , as amended, shall be delegated to the Manager for a cemetery. By-law Hearing appeals under Dog By-Law and Licencing Bylaw as amended By-law The Chief of Planning and Infrastructure may authorize the use of a highway or sidewalk under the City s jurisdiction by a person seeking to place, construct, maintain and use objects in, on, or under, or over the highway or sidewalk, and use executing any agreements required for such use. By-law Hearing minor variance and consent applications under the Planning Act 6

7 Reporting on delegated authority As of April 2011, all Staff reports to Council respect the by-law and the authority granted To ensure transparency and openness, Staff now report to Council on various matters including real estate transactions (quarterly), purchasing activity (quarterly), planning matters (frequent), and year-end projections and year-to-date reports (quarterly) To further round-out the processes for reporting to Council and to enhance transparency, contemplated mechanisms and tools include: use of standing committees, quarterly in-camera report summary, and on-line reporting. 7