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13 - June 8, 2023 County Council Agenda Packaged/o zuiuull�lr, o,�fir D+ NA101 Elgin County Council Special Council Meeting ORDERS OF THE DAY Thursday, June 8, 2023, 9:00 a.m. VIRTUAL MEETING: IN -PERSON PARTICIPATION RESTRICTED NOTE FOR MEMBERS OF THE PUBLIC: Please click the link below to watch the Council Meeting: https://www.facebook.com/ElginCountyAdmin/ Accessible formats available upon request. Pages 1. CALL TO ORDER 2. ADOPTION OF MINUTES 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 5. COMMITTEE OF THE WHOLE 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Director of Human Resources - Appointment of an Interim Chief 3 Administrative Officer 7. COUNCIL CORRESPONDENCE 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.2 Notice of Motion 8.3 Matters of Urgency 9. CLOSED MEETING ITEMS 9.1 Director of Human Resources - Closed Meeting Minutes - Human Resources Committee - May 26, 2023 Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees. 10. MOTION TO RISE AND REPORT 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-25 - Chief Administrative Officer/Clerk Appointment 6 12.2 By -Law No. 23-26 - Confirmation 13. ADJOURNMENT W] Page 2 of 10 E191,11, RECOMMENDATIONS: It is recommended that: REPORT TO COUNTY COUNCIL FROM: Amy Thomson, Director of Human Resources DATE: June 8, 2023 SUBJECT: Appointment of an Interim Chief Administrative Officer The within Report to County Council, dated June 8t", 2023, and entitled "Appointment of an Interim Chief Administrative Officer" be received and filed; 2. County Council appoint Don Shropshire as the Interim CAO, effective immediately and until such time as a permanent CAO can be recruited and on -boarded; and, 3. The Warden and Acting Chief Administrative Officer be authorized to execute a contract of temporary employment of Don Shropshire as Interim Chief Administrative Officer for the Corporation of the County of Elgin as prepared by and to the satisfaction of the Director of Legal Services for the said Corporation of the County of Elgin. INTRODUCTION: The purpose of the Report is to seek Council appointment of Don Shropshire as Interim Chief Administrative Officer for the Corporation of the County of Elgin. BACKGROUND AND DISCUSSION: Following the resignation of Chief Administrative Officer ("CAO") Julie Gonyou as submitted on May 4t", 2023, Stephen Gibson was appointed as Acting CAO effective May 9t", 2023. During the May 9t" meeting of Council, staff were also directed to return to Council with a list of candidates who were qualified and available to fill the Interim CAO role, temporarily fulfilling the CAO responsibilities and assisting Council through recruitment of a permanent replacement. During the May 23rd, 2023 Council meeting, candidates were reviewed and considered - Council ultimately provided direction to the HR Committee to meet with a preferred candidate and to make a recommendation to Council regarding appointment. Page 3 of 10 2 The Human Resources Committee met on May 26t", 2023, with preferred candidate Don Shropshire. The HR Committee unanimously recommended the hiring of Don Shropshire as Interim CAO, and now Council should decide upon his formal appointment. FINANCIAL IMPLICATIONS: Salary and pay in -lieu of pension and benefits remain containable within the 2023 budget (CAO compensation). ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: No direct impact. COMMUNICATION REQUIREMENTS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. The Local Municipal Partners should be notified of the appointment of an Interim CAO. Page 4 of 10 3 With input from and support of involved senior staff, the Human Resources Committee has recommended Don Shropshire for appointment as Interim CAO for the Corporation of the County of Elgin, effective the date of the such appointment. All of which is Respectfully Submitted Approved for Submission Amy Thomson Stephen Gibson Director of Human Resources Chief Administrative Officer (Acting) Page 5 of 10 �9111►IVK910AIErll►1 BY-LAW NO. 23-25 "BEING A BY-LAW TO APPOINT DON SHROPSHIRE AS INTERIM CHIEF ADMINISTRATIVE OFFICER/CLERK AND TO REPEAL BY-LAW NO. 17-24" WHEREAS pursuant to section 228(1) of the Municipal Act, 2001 S.O. 2001, c. 25, as amended (the Municipal Act, 2001), a municipality shall appoint a Clerk responsible for the statutory and other duties as are assigned; and, WHEREAS pursuant to section 229 of the Municipal Act, 2001 a municipality may appoint a Chief Administrative Officer who shall be responsible for exercising general control and management of the affairs of the municipality and for performing such other duties as are assigned; NOW THEREFORE the Council of the Corporation of the County of Elgin (the "County") enacts as follows: 1. THAT Don Shropshire is hereby appointed Chief Administrative Officer/Clerk of the County effective on June 8, 2023; 2. THAT the Chief Administrative Officer/Clerk shall be responsible only to the Council of the County, perform such duties as are lawfully prescribed and generally manage the business affairs of the County in a diligent, competent and lawful manner through Directors and/or Department Heads and others reporting to the Chief Administrative Officer/Clerk and subject always to the policies and directions of Council; 3. THAT more particularly, the Chief Administrative Officer/Clerk shall be responsible for the duties, responsibilities and obligations set out in the complete job description attached to this by-law as Schedule "A". 4. THAT the Chief Administrative Officer/Clerk shall delegate appropriate duties and responsibilities to Directors and/or Department Heads within the approved organizational structure. 5. THAT the Chief Administrative Officer is authorized to designate in writing a temporary appointment of a senior employee, Director or Department Head to act in the absence of the Chief Administrative Officer from the offices of the County. Such appointment shall be communicated to the Warden and all Directors / Department Heads and shall specify such period for the temporary appointment. 6. THAT By -Law No. 17-24, Being a By -Law to Appoint Julie Gonyou as Chief Administrative Officer/Clerk and to Define the Duties Thereof' be repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8T" DAY OF JUNE, 2023. Jenna Fentie, Ed Ketchabaw, Manager of Administrative Services/ Warden. Deputy Clerk. Page 6 of 10 rrrrr%lllllll///// 1 SCHEDULE "A" rrrrrr/l Gj% 110, N�nm �����w County of Elgin ` 'Alin Job Description Progg'resshte by Nature Title: Chief Administrative Officer/Clerk Status: Full-time Department: Administrative Services Report To: County Council SUMMARY OF POSITION: Acts as Secretary of and provides administrative services to County Council and specified Council Committees, prepares budgets for own Department, maintains liaison with a wide variety of parties concerned with the operation of County government and co-ordinates relations between Council and staff on matters affecting the County as a whole. SUMMARY OF WORK PERFORMED: 1. Manages the Administrative Services Department, including Planning, Legal Services, Tree Commissioner/Weed Inspector, Police Services (Board Only)., Economic Development and Tourism. 2. Co-ordinates, leads and directs the Department Heads in the efficient administration of the municipality, in accordance with the policies and plans approved and established by County Council. 3. Provides support and assistance where required to other Officers of the Corporation in the discharge of their statutory duties. 4. Consults with Council, Department Heads, Local Boards and Committees to assist in determining effective programs and ensuring efficient operation within approved budgets and in compliance with applicable legislation. 5. Ensures that information and reports, requested by Committee/Council or which could be of assistance to Committee/Council, are obtained or prepared and submitted to the Committee/Council. 6. Refers sensitive or serious issues to Committee/Council and to recommend responses or solutions. 7. Involved in the recruitment, selection, and discipline of all Department Heads, with such process being conducted in conjunction with the Director of Human Resources and in accordance with Council policy. 8. Conduct performance evaluations of Department Heads in accordance with County policy. 9. Develops and implements, in conjunction with the Department Heads, long-term plans and objectives within the County; including recommending changes to the organizational structure to improve effectiveness and/or efficiency. 10. Exercises all of the powers and duties of the position of Chief Administrative Officer, as prescribed by the Statutes of Ontario, and as may be from time to time prescribed by the Council. 11. Plans, directs, organizes and controls the on -going operation of the Administrative Services Department in accordance with the Statutory Duties laid out in the Municipal Act, other relevant Acts, and as assigned by Council. 12. Custodian of all records and accounts of the Corporation required for public inspection, certifying copies when required by external agencies and giving evidence in Court when subpoenaed as Officer of the Corporation. 13. Advises and counsels Council, its Committees, and special purpose bodies, on the jurisdictional and legal authority for Corporate actions during meetings of Council and Committees as well as in other actions required by law, keeping abreast of constant change in statute and regulation and advising how this legislation would impact on possible Council action. Page 7 of 10 14. Acts as Council's parliamentarian recommending changes and improvements to the Rules of Order and counsels Council on appropriate procedure for orderly conduct of business. 15. Acts as Council's protocol officer assisting in the planning of receptions, banquets, openings, counselling Warden on ceremonial duties, and attends Civic functions. 16. Directly reports to the Warden and Council. 17. Acts as liaison between the Council and the Management Team. 18. Acts as Secretary of all Council Committees as directed by Council by: Preparing and circulating agendas, ensuring all relevant items are included and attaching all necessary documentation; Attending committee meetings, recording decisions, writing and circulating minutes, producing and distributing correspondence and reporting results from meetings and following -up to ensure committee decisions have been carried - out; Advising committee members on matters within their jurisdiction and informing them of relevant items concerning other committees and the County as a whole. 19. Acts as Secretary of Council as above and as Chairman for annual election of Warden. 20. Prepares all by-laws and other legal documents for presentation to Council and where necessary consults with County Solicitor. 21. Ensures that all by-laws requiring approval from other agencies or levels of Government are presented to the appropriate party for approval. 22. Co-ordinates new and proposed legislation to the Department Heads and committees and follows -up on the same. 23. Acts as central reference source for inquiries from the public regarding County operations, providing prompt and accurate responses and referring technical items to the appropriate department; Co- ordinates flow of information and instructions between Council and departments, interprets Council's wishes and informs Department Heads of County -wide policies and directives affecting their operations; Assists in developing policies and procedures affecting operation of entire County and co-ordinates their submission to, and discussion by Council with Department Heads. 24. Provides information to, and answers questions from elected officials, staff of local municipalities, business and community representatives and the public on operations of County government; Maintains continuing liaison with personnel of provincial government departments and agencies, utilities, professionals, consultants, local groups and others interested in County government. 25. Prepares and submits budget for Administrative Services Department and Council expenses and administers department within budget, reports periodically to Council on operation vs. budget. 26. Maintains departmental budget involving independent decisions about expenditures and priorities pertaining to Administrative Services. 27. Researches grant possibilities, and communicate the same to Council and/or the appropriate committee. Forwards grant applications to the appropriate Ministry or agency on behalf of the County Department. 28. Processes applications to the Ontario Municipal Board for financial or other purposes. 29. Supervises all Departmental Staff: Interviews, screens and selects all staff within County policy guidelines; Reviews the performance of staff, takes corrective action where needed and recommends salary and status changes; Deals with disciplinary matters in the Department and, if necessary, terminates within County policy guidelines. 30. Directs Tree Commissioner/Weed Inspector/By-law Enforcement Officer. 31. Responsible for the day-to-day administration of the Municipal Freedom of Information and Protection of Privacy Act for the County, and/or delegates same. 32. Responsible for developing, with the assistance of the Department Heads, and delivering an orientation program to new members of Council following regular municipal elections. 33. Assuming ownership responsibility and maintenance as required by the legislation, for property and buildings owned by the County. 34. Contributes effort and ideas supporting the County of Elgin's Mission Statement, goals, and strategic vision. 35. Assembles data and prepares periodic special reports, manuals and correspondence. Page 8 of 10 �4° o 110,Prog'resshte by Nature County of Elgin Job Description 36. Severe costs are associated with any errors made in this position (i.e. incorrect budget projections, incorrect automation plans, not projecting technological changes, violation of Labour Relations Act, etc.) 37. Works with the Department Heads in the development of policies, standards and procedures for the Human Resources Policy Manual. 38. Reviews existing Administrative Services systems and recommends/implements productivity enhancement tools and software for approval. 39. Maintains a high degree of confidentiality in performing daily job tasks and relations with other parties. 40. Complies with appropriate legal regulations regarding Administrative Services. 41. Complies with the County's Code of Ethics. 42. Must be imaginative and possess thorough decision making skills to meet often non -routine needs of the department in an efficient and economical manner. 43. Incumbent uses research (i.e. reference manuals), analytical and reasoning skills to handle multiple tasks. 44. Incumbent must possess excellent conflict management and leadership skills to work within a unionized environment. 45. Interpersonal skills are essential to deal with a wide variety of contacts. 46. Maintains effective communication with volunteers, the general public, suppliers, etc. Failure to maintain contact with these parties could result in a breakdown in communication. 47. Takes, as time permits, high profile appointments with municipal organizations such as OMAA, AMO, etc. QUALIFICATIONS: 1. A University graduate degree or equivalent in Business/Municipal Administration and/or relevant education, experience, and training. 2. A.M.C.T. Designation is an asset. 3. Experience working directly with Council and involvement with staff supervision. 4. Strong and demonstrated interpersonal, analytical and communication skills. 5. At least 10 years of senior municipal experience preferred. 6. A valid driver's license and a dependable vehicle are required. Effective Date: January 2017 JD Code: AS-001 Page 9 of 10 COUNTY OF ELGIN By -Law No. 23-26 "A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AT THE JUNE 8, 2023 MEETING" WHEREAS, pursuant to Section 5.1 of the Municipal Act, 2001, S.O.2001, c.25, as amended, the powers of a municipality shall be exercised by its Council; AND WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the powers of every Council shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Municipal Council of the Corporation of the County of Elgin at this meeting be confirmed and adopted by by-law NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: THAT the actions of the Municipal Council of the Corporation of the County of Elgin, in respect of each recommendation contained in the reports and each motion and resolution passed and other action taken by the Municipal Council of the Corporation of the County of Elgin, at its meeting held on June 8, 2023 be hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law. 2. THAT the Warden and appropriate officials of the Corporation of the County of Elgin are hereby authorized and directed to do all things necessary to give effect to the actions of the Municipal Council of the Corporation of the County of Elgin referred to in the preceding section hereof. 3. THAT the Warden and the Chief Administrative Officer, or alternate, are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Corporation of the County of Elgin. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8T" DAY OF JUNE, 2023. Jenna Fentie, Ed Ketchabaw, Manager of Administrative Services/ Warden. Deputy Clerk. Page 10 of 10