12-18COUNTY OF ELGIN
By-Law No. 12-18
"BEING A BY-LAW TO AUTHORIZE AN AGREEMENT WITH THE COUNTY OF
MIDDLESEX FOR THE DELIVERY OF TREE COMMISSIONER AND WEED
INSPECTOR RESPONSIBILITIES BY A TEMPORARY OFFICER"
WHEREAS Section 8 of the Municipal Act, 2001. S.O. 2001. c.25, provides a
Municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act; and
WHEREAS the Council of the Corporation of Elgin has in accordance with Section
135/1\Of the Municipal Act, 3OO1.C.25.@S amended approved @ by-law regulating the
destruction or i jUryoftneeo; and
WHEREAS the Council of the Corporation of the County of Elgin deems it advisable
to enter into a memorandum of agreement with the Corporation of the County of Middlesex
which will outline conditions under which temporary cooperative services of the Tree
Commissioner and Weed Inspector's responsibilities may be undertaken;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin enacts as follows:
1. THAT the Warden and Chief Administrative Officer are authorized to sign an
agreement with the Corporation of the County of Middlesex outlining the terms and
conditions under which the reciprocal responsibilities of the Temporary Tree Commissioner
and Weed Inspector will be delivered.
2. THAT this by-law shall become effective immediately.
READ 24th EAOAF|�8T.�E{�(]NDANOTH|R�T|K8EANDF|NALLYPASGEOTH|��� DAYOF
JULY 2012.
Mark
Chief Administrative Officer
Bill Walters,
Between
And
Note:
Memorandum of Understanding
The Corporation of the County of Middlesex ( "The County of Middlesex ")
The Corporation of the County of Elgin ( "The County of Elgin ")
The following memorandum has been prepared as an Upper Tier agreement between the
parties to provide for temporary replacement coverage for the respective Woodlands
Conservation Officers in each County each of which has been appointed by by -law by their
respective Councils under the authority of the Section 135 (11) of the Municipal Act.
Purpose:
The purpose of this MOU is to describe the terms in which the parties will provide the services,
each to the other, of a "Temporary Officer" in the event of an absence, including vacation and /or
medical leave, of the incumbent "Officer".
Terms:
An absence shall be determined to be normal period of time, not exceeding two weeks in a
calendar year, in which the Officer is unavailable to the employer.
For such normal absences, the parties shall provide reciprocal coverage each to the other with
no requirement for offsetting compensation.
For an absence beyond that which is determined as normal, each party shall provide
compensation to cover the costs of the Temporary Officer on an hourly basis including travel
and out of pocket expenses for the period of time in which the Temporary Officer is required to
provide such services. Middlesex County shall provide such compensation to the Kettle Creek
Conservation Authority through a separate agreement. Elgin County shall provide such
compensation to the County of Middlesex as set out in Appendix A.
Agreement:
The County of Middlesex will enter into an agreement with Kettle Creek Conservation Authority,
which provides Woodlands Conservation Officer services to the County of Elgin on a contract
basis to ensure that KCCA and their employee(s) is working within the terms and conditions of
such contract and that such employee(s) has been provided the authority to provide such
services in keeping with this MOU.
1
The parties hereby commit to:
• Provide appropriate orientation for the "temporary officer" which shall include a minimum
of two days training with the respective County's Woodlands Conservation Officer.
• Provide the "temporary officer" with administrative support while providing services to the
respective Counties of Elgin and Middlesex.
Signed this 29(day of /f�w, ��, 2012
2
Kath een Bu ting, County %ferk
County of Middlesex
Bill Walters, Warden
County of Elgin
Mark McDonald, CAO /Clerk
County of Elgin
Appendix A
Remuneration and Expenses
Where the services of the Temporary Officer are required beyond a normal vacation period or
absence for any other extenuating circumstances, the County of Middlesex shall invoice the
County of Elgin for time and expenses incurred by the Temporary Officer.
The remuneration shall be the current hourly rate of the employee plus vacation. Expenses shall
include the current mileage rate, as set by the County of Middlesex, and out of pocket expenses
upon submission of receipts to the County of Elgin.
3