2539
I. As soon after the hour of meeting as there shall be
a quorum present, the Warden shall take the chair and members
present shall be called to order.
·i
ORDER OF PROCEEDINGS
IN COUNCIL
7.
places,
officer
II
The members of the Council shall not leave their
on adjournment, until the Warden or other presiding
leaves the chair
6. The Council shall always adjourn at the hour of
o'clock P.M., if in Session at that hour, unless otherwise
determined by a vote of two-thirds of the members present.
11
5. The Council shall always adjourn at the hours of 12
o'clock, noon, and 6 o'clock, afternoon, if in Session at these
hours, unless otherwise determined by a vote of a majority of
the members present
4. Unless there shall be a quorum present in half an
hour after the time appointed for the meeting of Council, the
Council shall then stand absolutely adjourned until the next
regular hour of meeting, and the Clerk or Deputy Clerk shall,
if required by two members, take down the names of the members
present at the expiration of such half hour.
3. The first meeting of Council, after a regular elec-
tion and the first meeting in the second year of its term,
shall be held at the hour of two o'clock in the afternoon on
the third Tuesday in December, and for every other day or
sitting in the Session, such hour shall be regulated at the
previous adjournment.
2. A member of a county council shall not take his seat
until he has filed with the clerk of the county council a cer-
tificate (Form 19) under the hand of the clerk of the munici-
pality for which he was elected and the seal of the corporation.
(The Municipal Act, Section 185)
1. In all the proceedings had or taken in the Municipal
Council of the Corporation of the County of Elgin, the follow-
ing rules and regulations shall be observed, and shall be the
rules and regulations for the order and despatch of business
in the said Council, and of the Committees of the said Council
MEETINGS
AND ADJOURNMENT OF COUNCIL
I
PROCEEDINGS
TJŒREFORE the Municipal Council
of the County of Elgin enacts as follows:
IN
COUNCIL
of the Corporation
WHEREAS it is expedient to regulate the proceedings
in Council and in Committees of the same, and the Officers of
the Corporation of the County of Elgin, and to amend and con-
solidate all other By-Laws relating to the proceedings in
Council,
COMMITTEES
THEREOF
"
.
CORPORATION OF THE
COUNTY OF ELGIN AND
THE MUNICIPAL COUNCIL OF THE
TI!E OFFICERS
AND
"TO REGULATE THE PROCEEDINGS
IN
r'"
. ..'
By-Law No
COUNTY OF' ELGIN
-...,...,..-'~"
2539
'-""--'-'~""-~~"
--'-',,--,
14. After a motion is passed, or a report adopted, no
motion to alter or amend the same shall be considered during
the same Session of Council, unless the motion to alter or
amend is moved and seconded by two members from among those
who voted with the majority that carried said motion or report.
13. No member shall speak more than once on the same
question, without leave of the Council, except in explanation
of a material part of his speech, which may have been miscon-
strued; but then he is not to introduce new matter. The
mover and seconder may speak a second time.
12. Any member may require the question or motion under
discussion to be read at any time during the debate, but not
so as to interrupt a member while speaking.
11
10.
Council
.
is
No member
No member shall
in Session.
shall speak beside the question
in debate.
smoke in the Council Chamber while
9. No member shall speak disrespectfully of The
Reigning Monarch, nor of any of the Royal Family, nor of the
Governor-General, Lieutenant-Governor, or other person admin-
istering the Government of the Dominion, or of this Province;
nor shall he use offensive words against this Council, or
against any member thereof.
8. Any member called to order shall at once sit down,
unless permitted to explain, and the ruling of the Warden or
other Presiding Officer shall be final, unless otherwise de-
cided by the Council on an appeal from such ruling.
7. When the Warden or other Presiding Officer is put-
ting the question, no member shall walk across or out of the
room, nor interrupt the speaker, except to a question of
order, nor pass between the speaker and the chair, and no
councillor shall leave his place during the sitting of the
Council without turning to the chair as he retires, and mak-
ing a bow in such a manner as that any member present may
have an opportunity to object to the absence of such retiring
member.
6. Every member present when a question is put shall
vote thereon, unless the Council shall excuse him, or he be
personally interested in the question, but such interest must
be resolvable into a personal pecuniary profit, or such as is
peculiar to that member and not in common with the interests
of the County at large, or as covered by legislation dealing
with matters of a conflict of interest.
5. When two or more members rise at once, the Warden
shall name the member who is to speak first, but his decision
shall be subject to an appeal by Council and may be overruled
by a majority vote thereof
4. Every member, previous to his speaking to any ques-
tion or motion, shall rise from his seat and address himself
to the Warden or other Presiding Officer.
3. Immediately after the Warden or other Presiding
Officer shall have taken his seat at the first day of each
Session, then the minutes of the preceding Session as mailed
to each member shall be confirmed as read or amended and
shall be signed by the Warden and Clerk or Deputy Clerk.
I
2. In case the Warden shall not be in attendance, the
Clerk or Deputy Clerk shall call the meeting to order, until
a Chairman shall be chosen, and the member so chosen to pre-
side shall take the chair during the absence of the Warden,
but at the meeting only at which the member has been so
chosen.
:Î.
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':
3
15. Upon a division of any question before the Council
or any Committee thereof, except Committee-of-the-ìihole, and
if required by any member of Councilor the Committee, the
names of those voting on the matter before the Councilor the
Committee shall be recorded YEA and NAY as the members vote
on the question.
16. Questions under the proper order of the day may be
put to the Warden or other Presiding Officer, or through him
to any member of the Council, relating to any motion, or other
matter connected with the business of the Councilor the
affairs of the County, but no argument or opinion is to be
offered, nor any facts stated, except so far as may be neces-
sary to explain the same; and in answering any such questions
a member is not to debate the matter to which the same refers.
17. It shall be lawful for the Warden or other Presiding
Officer, subject to an appeal to the Council, to order the
doors of the Council Chamber to be closed; and when the doors
shall be directed to be closed, all persons, except the mem-
bers, the Clerk, and the Deputy Clerk shall retire, and, or,
expel or exclude from any meeting any person who is guilty of
improper conduct.
III
ORDERS OF THE DAY
l. The Clerk or the Deputy Clerk shall have prepared
for the use of the members the general order of the day, con-
taining:
1st. Roll Call
2nd. Confirmation of Minutes
3rd. Reading Communications
4th. Presenting Petitions and Delegations
5th. Enquiries by Members
6th. Giving Notice
7th. Reports of Committees
8th. Unfinished Business
9th. New Business
10th. Consideration of By-Laws
11 th . Adjournment.
2. The business shall, in all cases, be taken up in
the way in which it stands upon the orders of the day, unless
otherwise determined by a vote of a majority of the members
present taken without debate thereon.
3. All motions shall be in writing, except to dispose
of reports or communications, or to refer to Committees, and
shall be seconded before being debated or put to vote; and
all motions shall be read and shall then be conveyed to the
Warden, who may again read the same.
4. After a motion has been received by the Warden or
other Presiding Officer, it shall be deemed to be in posses-
sion of the Council, but may be withdrawn at any time by
consent of a majority of the members present.
5. A motion to refer the main motion to a Committee
shall preclude all amendment of the main question until de-
cided.
6. A motion to adjourn shall always be in order unless
a vote is being taken, but no second motion to adjourn shall
be made until after some intermediate proceedings shall have
been laid.
5. A motion in Committee of the vfuole to rise without
reporting, or that the Chairman leave the chair, shall always
be in order, and shall take precedence of any other motion.
On such motion debate shall be allowed, and on an affirmative
vote the subject referred to the Committee shall be considered
as disposed of in the negative, and the Warden or other Presid-
ing Officer shall resume the chair and proceed with other business
'.
4.
report
,
On motion in Committee of the Whole to rise and
the question shall be decided without debate.
3. Questions of order arising in Committee of the Whole
shall be decided by the Chairman, subject to an appeal to the
Council, and if any sudden disorder should arise in the Com-
¡rrittee, the Warden or other Presiding Officer will resume the
chair, without any question being put.
2. The rules of the Council shall be observed in Com-
mittee of the Whole, with the exception of Section II, para-
graph 10, so far as may be applicable, except that no motion
shall require to be seconded, but no motion for the previous
question, or for an adjournment, shall be allowed; and in
taking the yeas and nays the names of the members shall not be
recorded, nor shall the number of times of speaking on any
question be limited.
1. Whenever it shall be moved and carried that the
Council go into a Committee of the ~fuole, the Warden or other
Presiding Officer shall leave the chair, and shall appoint a
Chairman of Committee of the Whole, who shall maintain order
in the Committee, and who shall report the proceedings of the
Committee
ORDER OF PROCEEDINGS IN CON~ITTEE OF THE WHOLE
IV
14. The Warden or other Presiding Officer may vote with
the other members on all questions, and any question on which
there is an equality of votes shall be deemed to have been
negatived, if the Warden has voted
13. When the Warden or other Presiding Officer is called
on to decide a point of order or practice, he shall state rule
or authority applicable to the case, without argument or com-
ment, when required.
12.
divis ion
Members shall always take their places
is called for
when any
11. Whenever the Warden or other Presiding Officer is
of opinion that a motion offered to the Council is contrary
to law, or the rules and privileges of the Council, he shall
apprize the members thereof immediately before putting the
question thereon, and quote the law or rule or authority
applicable to the case, without argument or comment.
10. After any question is finally put to vote by the
Warden or other Presiding Officer, no member shall speak to
the question, nor shall any other motion be made until after
the result is declared; and the decision of the Warden or
other Presiding Officer as to whether the question has been
finally put shall be conclusive.
9. When the question under consideration contains dis-
tinct propositions, upon the request of any member the vote
upon each proposition shall be taken separately
8. Only one amendment shall be allowed to an amendment,
and any amendment more than one must be to the main question.
they ð.re
reduced to writing,
the main question is
put ìnthe reverse order in
every amendment submitted shall be
decided upon or withdrawn before
to vote
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4. Any person or group of persons, wishing to address
County Council, shall be required to ma~e the necessary ar-
rangements through the County Clerk, at least fourteen (14)
days prior to the date of the Council Session. Written briefs
shall be provided so that sufficient time will permit distri-
bution to the members of Council prior to the said Session.
.
3. All petitions or other written communications on
any subject within the cognizance of any Standing Committee
shall, on presentation, be referred to the proper Committee
by the Warden without any motion; and no member shall speak
upon, nor shall any debate be allowed on the presentation of
any petition or other communication to the Council; but any
member may move that in referring said petition or other com-
munication certain instructions may be given by the Council,
or that the said petition or communication complain of some
present personal grievance, requiring immediate remedy, the
matter contained therein may be brought into immediate dis-
cussion and disposed of forthwith.
2. Every member presenting any petition, protest, or
other written application to the Council, shall examine the
same, and shall be answerable that they do not contain any
impertinent or improper matter, and that the same is respect-
ful and temperate in its language; he shall also endorse
thereon the name of the applicant and the substance of suèh
application, and sign his name thereto, which endorsement only
shall be read by the Clerk, unless a member shall require the
reading of the paper, in which case the whole shall be read.
1. Every petition, protest, or other written applica-
tion intended to be presented to the Council, must be fairly
written or printed on paper, and signed by at least one person
PETITIONS
AND
COMMUNICATIONS
VI
6. All by-laws adopted shall be printed
ings of the Council.
in the proceed-
5. All amendments made in Committee of the Whole shall
be reported by the Chairman to the Council, through the Warden
or other Presiding Officer, who shall receive forthwith. Af-
ter report, the by-law shall be open to debate and amendment
before it is ordered for a third reading., When a by-law is
reported without amendment, it is forthwith ordered to be read
a third time at such time as may be appointed by the Council.
4. Any by-law for the Appropriation of money, brought
in on the report of a Committee of the Whole, shall pass
through all its stages without being again referred to the
Committee of the ~fuole, unless upon special motion in writing.
3. The question: "That this by-law be now read a first
time", shall be decided without amendment or debate, and shall
be read a second time before it is committed, and read a third
time before it is signed by the Warden.
2. When a by-law is read in the Council, the Clerk or
Deputy Clerk shall certify the readings, on the back thereof.
After by-laws have passed he shall be responsible for their
corrections should they be amended
1.
Deputy
Every by-law shall be introduced by the Clerk or
Clerk and shall be authorized by a Committee of Council
r'w~'
READING OF
BY-LAWS
-"''''--'-,
AND PROCEEDINGS THEREON
v
- 5
.._._~._--.---
8. Members of the Council may attend the meetings of
any of the Committees, but shall be seated in the public area
and shall not be allowed to vote nor take any part in the
discussion or debate, unless requested to do so by the chair-
man.
i
7. Special meetings of Committees may be called by the
chairman whenever he shall consider it necessary to do so,
and it shall be the duty of the chairman, or in his absence
the Clerk or Deputy Clerk of the Council, to summon a special
meeting of Committee whenever requested in writing to do so by
a majority of the members of the Committee.
6. The time and place of meetings of Committees during
Sessions of Council shall be arranged with the Clerk or Deputy
Clerk by the chairman, and in his absence by the Clerk or
Deputy Clerk.
5. The members of each Standing Committee shall, at
their first meeting, elect a chairman from among themselves,
and as soon as such chairman has been elected, the time of
the future regular meetings of the Committee shall be deter-
mined by the members thereof, and also the hour at which each
of such meetings shall be held.
4. Each Standing Committee of the Council, except where
otherwise specially provided, shall consist of such members of
the Council, not exceeding one member from each Municipality,
excluding the Municipality represented by the Warden as the
Council s.hal1 name as aforesaid.
1st
2nd.
3rd
4th
5th
6th
7th
8th
9th
10th
11th
Finance
Agricultural
Property
County Government
Educational
Social Services
Homes for Senior Citizens
County r(oads
Personnel
Local Government Study
Reception and Entertainment
3. There shall be annually appointed, at the first
meeting of each Council, the following Committees which shall
compose the Standing Committees of the Council for the year:
2. A majority of the number of members composing any
Standing or Select Committee, shall be a quorum to do business
1. The Warden shall appoint a Committee offour members
of Council to strike the Standing Committees for the year and
appoint representatives to various boards. The Warden shall
be, ex-officio, a member of all the Standing Committees, and
is considered to be one of the number shown to be on each of
the Committees
I
ORGANIZATION
VII
6
OF' COMMITTEES
II
VIII
CŒ~lITTEE MEETINGS
l. The business of the respective Standing and Select
Committees shall be conducted under the following regulations
(A) The Chairman shall preside at every meeting
and shall vote on all questions submitted, and in
case of an equal division the question shall be
passed in the negative.
(B) He shall sign all such orders and documents
as the Committee may legally order.
(C) In his absence, one of the other members shall
be elected to preside, who shall discharge the
duties of the Chairman for the meeting until the
arrival of the Chairman.
(D) No order or authority to do any matter or thing
shall be recognized as emanating from any Committee
unless it is in writing, or unless it is signed by
the Chairman, or Acting Chairman, or Secretary there-
of.
IX
DUTIES OF C01~ITTEES
1. The general duties of all the Standing and Select
Committees of the Council shall be as follows:
(A) To report to the Council from time to time,
whenever desired by the Council, and as often as
the interests of the County may require, on all
matters connected with the duties imposed on them
respectively, and to recommend such action by the
Council in relation thereto as may be deemed neces-
sary.
(B) To cause to be prepared and introduce into
the Council, all such by-laws as may be necessary
to give effect to the reports or recommendations
of the respective Committees that are adopted by
the Counci l.
(C) To consider and report respectively on any
and all matters referred to them by the Councilor
Warden, the Chairman signing such report and bring-
ing up the same.
X
FINANCE COMMITTEE
1. The Finance Committee shall be composed of all the
Reeves.
2. It shall be the duty of the Finance Committee to
present to the Council not later than June in each year a
full and particular exhibit of the financial affairs of the
Council at the termination of the preceding financial year,
together with an estimate of the amount required to be raised
by assessment during the current year.
3. To report to the Council not later than April 1st,
in each year, as to the manner in which the revenue required
for the current year should be raised.
4. To receive all approved budgets from the various
Committees and Boards for the purpose of reviewing and recom-
mending adoption to County Council.
;~
I
8
5. To see that all duties and services which ought to
be performed by the Treasurer, and the officers in his depart-
ment, are fully executed.
6. To determine a fair and equitable apportionment of
County Rate for each year.
XI
AGRICULTURAL COMMITTEE
1- The Agricultural Committee shall be composed of all
the rural Reeves.
2. To supervise and instruct work carried on by the
Weed Inspector and Tree Commissioner.
3. To review all grants pertaining to agriculture and
make recommendations on same to the Fina.nce Committee.
XII
PROPERTY COMMITTEE
1. The Property Committee shall be composed of five
(5) members.
2. It shall be the duty of the Property Committee to
consider and report on all affairs in connection with the
repairing, purchasing, leasing or selling of County property,
exclusive of property bought for road purposes.
3. To regulate and have supervision of all matters
connected with the Jail, Court House, Registry Office, Munic-
ipal Building, Museum and all grounds and buildings belonging
to the County except the Homes for Senior Citizens and the
property and buildings used by the Road Department. The Com-
mittee to be authorized to approve and pass all accounts in
connection with above and issue orders on the County Treasurer
for payment of accounts.
XIII
COUNTY GOVERNMENT COMMITTEE
1- The County Government Committee shall be composed
of eight (8) members.
2. It shall be their duty to consider and make recom-
mendations to the County Council of all proposed changes
effecting the present functions of County Council.
3. To make recommendations with regard to remuneration
and mileage rates of County Councillors, Committee Members
and the Warden.
XIV
EDUCATIONAL CON~ITTEE
1. The Educational Committee shall be composed of all
the Deputy Reeves and the Reeves who have no Deputies.
2. It shall be their duty to review and recommend
grants for scholarships to the Finance Committee.
3. To provide liaison with the County Board of Educa-
tion in the form of a four (4) member Committee and the Warden.
4. To report and advise on Library activities except
the budget which shall be direct to the Finance Committee.
'Î
"
IfJ
9
XV
SOCIAL SERVICES COJ~ITTEE
1- The Social Services Committee shall be composed of
five (5) members.
2. It shall be their duty to regulate and have super-
vision of all matters connected with the Department of Social
Services and other related Social Services.
3. To hire help when needed, except the Director or
Deputy Director.
4. To report to the Elgin County Council from time to
time or whenever requested by the Council, on all matters
connected with the duties imposed on them.
XVI
HOMES FOR SENIOR CITIZENS COMMITTEE
1- The Homes for Senior Citizens Committee shall be
composed of five (5) members, all of whom shall be entitled
to vote on all matters, and two (2) advisory members who
shall have no voting privileges.
2. It shall be the duty of the Homes for Senior Citi-
zens Committee to regulate and have supervision of all matters
connected with Homes for Senior Citizens and be authorized to
approve and pass all accounts and issue orders on the Treasurer
for payment of same.
XVII
COUNTY ROADS COMMITTEE
1. The Roads Committee shall be composed of the fol-
lowing:
five (5) rural voting members
two (2) rural advisory members
one (I) urban voting member
one (I) urban advisory member
The Warden shall be considered as one of the voting
members.
2. It shall be the duty of the County Roads Committee
to co-operate with and direct the County Road Superintendent
in the construction and maintenance of county roads and
bridges, and that the said Committee be authorized to approve
and pass all accounts for work on said roads and to issue
orders on the County Treasurer for payment of same.
3. The Chairman or Warden and the County Road Super-
intendent may authorize in writing, a payment, not exceeding
a total of $3,000.00 for emergency reasons, where necessary
between Roads Committee meetings.
XVIII
PERSONNEL COMMITTEE
1. The Personnel Committee shall be composed of five
(5) members.
2. It shall be their duty to review from time to time
and at least once each year the salaries, salary schedules
and fringe benefits related to employees who are not covered
by a Union or Association agreement.
3. To set up a salary schedule for new positions when
they are created and not covered by a Union or Association
agreement
,~
If
-- ~
lO
4. To be the negotiating committee, with power to add
advisory people, when negotiating an agreement with a Union
or Association representing employees of the County of Elgin
5. To advertise, for, and interview applicants for the
position of Head of a Department or his/her assistant or
deputy.
6. To study and recommend to County Council all re-
classifications of personnel, changes in fringe benefits,
mileage rates, etc. of non Union or non Association employees.
7. To make recommendations to the Elgin County Council
with respect to any of the above duties.
XIX
LOCAL GOVERNMENT STUDY COMNIITTEE
1- The Local Government Study Committee shall be com-
posed of five (5) members.
2. It shall be their duty to study and make recommen-
dations with respect to all proposed restructuring of local
government within the County.
XX
RECEPTION AND ENTERTAINMENT COMMITTEE
1. The Reception and Entertainment Committee shall be
composed of ten (10) members.
2. To be responsible for and to make all the necessary
arrangements for the annual Warden's Banquet, and Warden's
Reception after the annual election.
3. To be responsible for arranging for meals etc. for
each meeting of County Council.
4. To arrange, when required, any function involving
entertainment etc. for the County.
XXI
APPOINTMENT AND DUTIES OF OFFICERS OF THE CORPORATION
The duties of the various officers of the Corpora-
tion, in addition to those prescribed by law, or by any By-
Law or Resolution of the Council, shall be as follows:
XXII
TREASURER AND/OR DEPUTY TREASURER
1- The Treas1¡rer shall be the head of the Financial
Department of the Corporation, and shall be the principal
officer and adviser of the Corporation, through the Finance
Committee, in all matters relating to the monetary and fi-
nancial operations of the County, and especially with regard
to its debt, and the estimates to be prepared annually for
providing the ways and means for protecting the same, and
meeting the annual expenditure, with a careful regard to the
maintenance of the County credit.
2. The security of the Treasurer, as required by law,
shall be by guarantee bond of any good and sufficient Company
or Association duly incorporated for granting bonds of sure-
tyship for parties holding positions of trust, and as to the
amount of the same and all other particulars, shall be sub-
ject to the approval of the Council
.J
3. To give notice to the members of the Council of all
special meetings thereof; said notice to be mailed to each
member at his residence or place of business.
2. To notify each member of the Committees to which
they are appointed under this By-Law, as soon as the appoint-
ment has been made, of the time and place at which the first
meeting of the Committee will be held.
1. It shall be the duty of the County Clerk or Deputy
Clerk to perform the duties required of him by statutory or
other authority.
COUNTY CLERK
AND/OR DEPUTY CLERK
XXIII
11. The accounts and transactions of his department
shall be subject to an audit by the COtlnty Auditors as the
Council may direct, and these shall prepare the Annual De-
tailed Audit and Abstract Report of Receipts and Expenditures
10. He shall generally superintend the transactions of
his department, and the officer of the same, and duly compare,
check, and verify the entries of receipts and disbursements
with the accounts and vouchers of the same, and with the
books of the office.
9. He shall, as early as may be after. the close of the
financial year, cause to be prepared for publication any
statements of assets and liabilities, and such other informa-
tion regarding the County debt, and any other special accounts
of the Corporation, as may be required by the Council.
8. He shall be guided in the payments and disbursements
of his office by the By-Laws, Rules and Regulations of the
Corporation with regard to the passing and verification of
accounts by the several Committees, or by statutory or other
authority,· and by the appropriations made for their liquida-
tion, advising with the Committee of Finance or the Council
when requisite.
7. He shall further be the custodian of all bonds and
securities of fidelity given for the faithful discharge of
the duties of officials and servants of the Corporation, save
his own, which shall be deposited with the County Clerk, or
Deputy Clerk or otherwise as the Council may direct
6. lIe shall be the custodian of all titles and evidence
of titles, deeds, insurance policies, mortgages, leases,
bonds, agreements, or other instruments relating to the prop-
erty and rentals of the County, and shall only allow the same
to be taken from his office on the order of the Councilor on
the requisition and receipt of the County Clerk, or the Deputy
Clerk, or the County Solicitor, for use in any legal procedure
or on the order to produce of any Court of Law or equity.
5. He shall use all diligence in enforcing the prompt
collection of all rates, interest, rentals, or other dues of
the Corporation, and where necessary, enforce payment of the
same by a prompt recourse to legal process.
4. lIe shall also keep special books and registers for
recording the debenture debt of the Corporation, the retire-
ment of the coupons or interest warrants of the same, and
all other changes in the same.
II
3. The Treasurer shall keep or cause to be kept,
according to the most approved system of bookkeeping, such
books of account as may be necessary to show distinctly the
receipts and disbursements, and all other reckonings and
accountings of what nature or kind, soever, connected with
the monetary transactions of the Corporation.
iii
4. To have charge of the County seal and only to
attach the same to any docum~nt connected with the Corpora~
tion.
5. To attend all meetings of Committees when requested
by Chairman, Acting Chairman or Warden, and act as Secretary
thereof.
6. He shall be generally responsible for the care and
proper maintenance of all buildings on the Court House Block,
including minor repairs.
XXIV
ENGINEER
l- It shall be the duty of the County Engineer: To
report to the Council, at each Session if necessary, as to
the improvements and repairs which, in his opinion, should
be undertaken by the Corporation; and also to present to the
said Committee a supplementary report as to any additional
improvements and repairs to be undertaken during the year,
and which were not included in the last preceding report.
2. To have the general superintendence and control of
all employees of the Department in the carrying out of all
works of construction and repair of buildings ordered by the
Council (Property Committee).
3. To be responsible to the Council for the due per-
formance of all such work, unless by the resolution, by~law,
or contract for the same, such works have been entrusted to
some other engineer or architect.
4. To decide upon, select and employ such personnel
as may be required from time to time for any Corporation work
under his control which has not been let by contract; and
such employees shall be paid by the County upon the Engineer's
certificate, r~ported to the Treasurer, and shall be subject
to dismissal at any time by him or the Council, and all such
appointments and dismissals shall be reported to the County
Road Committee.
5. To examine and certify all bills for material and
labour against th~ Corporation for works in his charge, and
to make or cause to be made, the surveys and examinations
necessary for the purpose.
6. To have general superintendence and control of all
personnel in his department, and of all Corporation contrac-
tors, subject to the terms of their respective contracts.
7. To report from time to time to the County Road Com-
mittee, or to the Council, as the case may require, any ob-
struction he may meet with in the course of his duties or
any other matter upon which he may require advice or instruc-
tion.
8. To furnish all necessary plans and specifications
for all engineering works under the control of the County
Road Committee.
9. To cause a notice of any special meeting of the
County Road Committee to be mailed to each member of said
Committee.
10. To conduct the correspondence of the said Commit-
tee, and keep copies of all letters written by him on office
business.
2. No member of the Council shall have power to direct
or interfere with the performance of any work for the Corpo-
ration, and the officer in charge shall be subject to his
superior officer, if any, and to the Council, or to any Com-
mittee (while acting in that capacity, and not otherwise), to
which the Council may, in any case, give authority in that
behalf
,î
1. That no tenders be accepted on behalf of the Corpo-
ration of the County of Elgin for any purpose unless such
tender be accompanied by a certified cheque for such amount
as the Committee having to do with the matter may determine.
MONEY APPROPRIATIONS, ACCOUNTS, EXPENDI'l'URES
AND IMPROVEMENTS
,
CONTRACTS
XXVII
1. The person appointed as Labour Relations Off icer
shall attend to such duties and give such legal opinions as
may be required by the Council, the Chairman of any Committee
thereof, County Clerk or Deputy Clerk, such opinions to be in
writing if requested.
LABOUR RELATIONS OFFICER
XXVI
2. That it shall be the duty of all other Officers of
this Corporation to furnish the County Solicitor, upon request,
with any documents, books, or papers, or copies of the same,
in the custody or possession of such Officers, and to give to
the said Solicitor such other aid and assistance as he may re-
quire in the performance of the duties of the said office.
1. The person appointed as Solicitor shall attend to
such duties and give such legal opinions as may be required
by the Council, the Chairman of any Committee thereof, Clerk
or Deputy Clerk, such opinions to be in writing if requested.
THE COUNTY
SOLICITOR
XXV
15. He may authorize in writing, the payment of any
account which provides for a discount, when the due date is
prior to the next Roads Committee meeting.
14. He shall keep proper record of the classification
of all employees of his Department and any reclassification
or new classification must be done in consultation with the
Personnel Committee.
13. To prepare and have the custody of, and be respon-
sible for, all such plans and estimates as may from time to
time be prepared for the use of the County.
12. To preserve and file all communications and tenders
addressed to or read before the said Committee, and to furnish
them when required, a copy of any account, letter, report,
specification, or other document in the possession of the said
Department.
r%!C
11. To communicate a copy of any order or minute of the
said Committee made at such meeting, to such officials of the
Corporation or other persons as may be affected thereby, or
to whom the Committee may order the same to be communicated.
-_._-~~~
4. That the Clerk or Deputy Clerk shall inform the
members that he is ready to proceed with the election of one
of their number to be Warden.
^
..
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,)
3. That
person aspiring
an opportunity,
County Council
the Clerk or Deputy Clerk announce that any
to the position of Warden shall be granted
not exceeding five (5) minutes, to address
2. That the Clerk or Deputy Clerk shall prepare lists
of the names of the members in perpendicular and horizontal
lines, and a card for each member with the name of the member
written or printed thereon.
1. The Clerk or Deputy Clerk of the County shall take
the chair at two o'clùck in the afternoon of the third Tuesday
of the month of December in each year, or at such hour and on
such day thereafter as he shall find the majority of the mem-
bers of the Council present in the Council Chamber
ELECTION OF
WARDEN
XXIX
5. Every By-Law which has passed the Council shall,
immediately after being signed by the Warden, and sealed with
the seal of the Corporation, be deposited by the Clerk, or
Deputy Clerk for security in the vault connected with his
office.
4. Any Officer who shall refuse, or wilfully fail or
neglect to perform any duty enjoined upon him by any By~Law
or Resolution of the Council, or who shall in the discharge
of his official duty be guilty of any fraud, extortion, op-
pression, favouritism, partiality, or wilful wrong or in-
justice, shall be subject to removal from office
3. In all unprovided cases in the Proceedings of
Councilor in Committee, the Law of Parliament shall be fol-
lowed, and in such cases the decision of the Warden or other
Presiding Officer shall be final, and acquiesced without de-
bate.
2. No standing rule or order of the Council shall be
suspended, except by a vote of two-thirds of the members
present.
1.
Council,
sittings
or other
No person, except Members and Officers of the
shall be allowed to come within the bar during the
of the Council without the permission of the Warden
Presiding Officer.
GENERAL
CLAUSES
IJ
XXVIII
3. No contractor or other person found by the County
Engineer; or person in charge on behalf of the Council, or by
any Committee of the Council, or declared by a Resolution of
the Council, or ascertained by a judicial decision, to have
been guilty of defrauding, or attempting to defraud the County,
shall again be employed in any capacity on behalf of or re-
ceive any contract from the County, without the express sanc-
tion of the Council. It shall be the duty of the various
officers of the Corporation to forthwith report all such
frauds, or attempted frauds, of which they may become cogni-
zant, to their superiors, and for such superiors to report the
same to the Committee to whose department the subject of the
fraud belongs.
24
1/
5. That he shall thereupon take from a receptacle in
which the cards have been placed, one card at a time, as it
comes to his hand, and call upon the member whose name appears
thereon to say for whom he casts his vote, and the Clerk or
Deputy Clerk shall place the figure under the name of the
member for whom the vote was cast. When all the members have
voted, the Clerk or Deputy Clerk shall forthwith inform the
members of the result, and the Clerk or Deputy Clerk shall
continue the same procedure until he shall find that more than
50% of the votes have been cast for one member, and shall
thereon declare the election of such member.
6. In case of an equality of votes, the Reeve or, in
his absence, the Deputy Reeve of the municipal~ty which for
the preceding year had the largest equalized assessment, shall
have a second or casting vote. (The Municipal Act, Section
186 (4) )
7. That the Warden-elect shall forthwith sign and de-
clare and read aloud the declaration of office, and oath of
allegiance and on the completion thereof he shall take the
chair.
XXX
COUNCIL PAY LISTS
l. That all pay lists for meetings of Councilor Com-
mittees be certified by the County Clerk or Deputy Clerk or
Warden before being paid by the County Treasurer.
That By-Law 2290 and all other By-Laws and resolu-
tions contrary to this By-Law be and the same are hereby
repealed.
This By-Law to become effective December 1st, 1978.
READ a first time this 26th day of October, 1978.
READ a second time this 26th day of October, 1978.
READ a third time and finally passed this 26th day of October, 1978
)
~,,--<,~ '0u él/?A
G. C. Leverton, L. R. Carroll,
Clerk Warden