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80-43 I COUNTY OF ELGIN By-Law No. 80-43 'TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND THE OFFICERS AND COMMITTEES THEREOF." 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 consolidate all other By-Laws relating to the proceedings in Council, THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: PROCEEDINGS IN COUNCIL I MEETINGS AND ADJOURNMENT OF COUNCIL 1- In all the proceedings had or taken in the Municipal Council of the Corporation of the County of Elgin, the following 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. 2. A member of a county council shall not take his seat until he has filed with the clerk of the county council a certifi- cate (Form 19) under the hand of the clerk of the municipality for which he was elected and the seal of the corporation. (The Municipal Act, Section 185) 3. The first meeting of council, after a regular election 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 second Wednesday in December, (except when the first day of December falls on a Wednesday, in which case it shall be the third Wednesday) and for every other day or sitting in the session, such hour shall be regulated at the previous adjournment. 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. 5. The Council shall always adjourn at the hours of twelve o'clock, noon, and six o'clock, afternoon, if in session at these hours, unless otherwise determined by a vote of a majority of the members present. 6. The Council shall always adjourn at the hour of eleven o'clock, evening, if in session at that hour, unless otherwise determined by a vote of two~thLrds of the members present. 7. The members of the Council shall not leave their places, on adjournment, until the Warden or other presiding officer leaves the chair. II ORDER OF PROCEEDINGS IN COUNCIL 1- 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 15. Upon a division of any question before the Councilor any Committee thereof, except Committee of the Whole, 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 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 amateriål part of his speech, which may have been misconstrued; but then he is not to introduce Dew matter. The mover and seconde,rrnay speak a second time 12 Any member may require the question or motion under dis- cussion to be read at any time during the debate but not so as to interrupt a member while speaking shall speak beside the question 11 10. is in No member No member Session in debate shall 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 administering the Government of the Dominion, or of this Province; nor shall he use offensive words against this Council, or against any member thereof smoke in the Council Chamber while Council 8 Any member called to order shall at once sit down permitted to explain, and the ruling of the Warden or other Presiding Officer shall be final, unless otherwise decided by Council on an appeal from such ruling unless the 7. When the Warden or other Presiding Officer is putting 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 making 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 thereon, unless the Council shall excuse him, interested in the question, but such interest into a personal pecuniary profit, or such as member and not in common with the interests large, or as covered by legislation dealing flict of interest is put shall vote or he be personally must be resolvable is peculiar to that of the County at with matters of a con- 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 question 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 of Deputy Clerk . 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 preside shall take the chair during the absence of the Warden, but at the meeting only at which the member has been so chosen 9. When the question under consideration contains distinct propositions, upon the request of any member the vot,e upon each proposition shall be taken separately 8 Only one amendment shall be allowed to an amendment any amendment more than one must be to the main question , 7. they are writing, is put to and All amendments shall be put in the reverse order in which moved; and every amendment submitted shall be reduced to and be decided upon or withdrawn before the main question vote 6. A motion to adjourn shall vote is being taken, but no second until after some intermediate always be in order unless a motion to adjourn shall be made proceedings shall have been laid 5. A motion to refer the main motion to a Committee preclude all amendment of the main question until decided shall 4. After a motion has been received by the Warden or other Presiding Officer, it shall be deemed to be in possession of the Council, but may be withdrawn at any time by consent of a majority of the members present 3. All motions shall be reports or communications, or seconded before being debated be read and shall then be read the same in writing except to refer to Committees, or put to vote; and all conveyed to the Warden, who to dispose of and shall be motions shall may again 2. The business in which it stands upon determined by a vote of without debate thereon shall, in all cases, be taken up in the the orders of the day, unless otherwise a majority of the members present taken 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th Roll Cal Confirma Reading v~...... Presenting Petitions Enquiries by Members Giving Notice Reports of Committees Unfinished Business New Business Consideration Adjournment of of Minutes ~~--unications By-Laws and Delegations way 1. The Clerk or the Deputy Clerk shall have prepared for the use of the members the general order of the day, containing III ORDERS OF THE DAY 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 members, the Clerk and the Deputy Clerk shall retire, and/or, expel or exclude from any meeting any person who is guilty of improper conduct . 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 necessary to explain the same and in answering any such questions a member is not to debate the matter to which the same refers 3 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 l. Clerk and Every by-law shall be introduced by the Clerk or Deputy shall be authorized by a Committee of Council V READING OF BY-LAWS AND PROCEEDINGS THEREON 5 A motion in Committee of the Whole to rise without ing, or that the Chairman leave the chair, shall always be in 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 negative, and the Warden or other Presiding Officer shall resume the chair and proceed with other business the report- order 4. On motion in Committee of the Whole to rise and report the question shall be decided without debate 3. Questions of order arising in be decided by the Chairman, subject to an and if any sudden disorder should arise in or other Presiding Officer will resume the tion being put Committee of the Whole shall appeal to the Council, the Committee, the Warden chair, without any ques- 2. The rules of the Council shall be observed in Committee of the Whole, with the exception of Section II, paragraph 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 adjourn- ment, 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 Whole, 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 IV IN COMMITTEE OF THE WHOLE 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 comment, when required 12. Members is called for always take their places when any division shall 11. Whenever the Wardell or other Presiding Officer is of opin- ion 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 argu- ment or comment I'" 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 4 5 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 Whole, unless upon special motion in writing. 5. All amendments made in Committee of the Whole shall be reported by the Chairman to the Council, ~hrough the Warden or other Presiding Officer, who shall receive forthwith. After 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. 6. All by-laws adopted shall be printed in the proceedings of the Council. VI PETITIONS AND COMMUNICATIONS l. Every petition, protest, or other written application intended to be presented to the Council, must be fairly written or printed on paper, and signed by at least one person. 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 respectful and temperate in its language; he shall also endorse thereon the name of the applicant and the sub- stance of such application, and sign his name thereto, which endorse- ment 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. 3. All petitions or other written communications on any sub- ject within the cognizance of any Standing Committee sh~ll, on pre- sentation, 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 Counci:\.; but any member may move that in referring said petition or other communication 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 discussion and dis- posed of forthwith. 4. Any person or group of persons, wishing to address County Council, shall be required to make the necessary arrangements through the County Clerk, at least fourteen (14) days prior to the date of the Council Session. Written briefs shall be provided so that suf- ficient time will permit distribution to the members of Council prior to the said Session. VII ORGANIZATION OF COMMITTEES l. The Warden shall appoint a Committee of four 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. 2. A majority of the number of members composing any Standing or Select Committee, shall be a quorum to do business. 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: 1st Finance 2nd Agricultural 3rd Property 4th County Government 5th Social Services 6th Homes for Senior Citizens 7th County Roads 8th Personnel 9th Reception and Entertainment ,-j I J (c) all the same To consider and report respectively on any and matters referred to them by the Councilor Warden Chairman signing such report and bringing up the (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 re- spective Committees that are adopted by the Council (a) To report to the Council from time to time, when- ever desired by the Council, and as often as the inter- ests 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 necessary 1- mittees The general duties of the Council shall of all the Standing and Select Com- be as follows Dun ES OF IX COMMITTEES (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 thereof (c) In his absence, one of the other members shall be elected to preside, who shall discharge the dµties of the Chairman for the meeting until the arrival of the Chairman (b) the He shall sign all such orders Committee may legally order and documents (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 as 1. mittees The business of the respective Standing and Select Com- shall be conducted under the following regulations: VIII COMMITTEE MEETINGS 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 chairman , 7 Special meetings of Committees may be called by the chair- man 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 determined by the members thereof, and also the hour at which each of such meetings shall be held 4. Each Standing Committee df 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 shall name as aforesaid ,:;I , I ii r ,I r 7 X FINANCE COMMITTEE 1. The Finance Committee shall be composed of all the members of County Council. 2. It shall be the duty of the Finance Committee to present to the Council not later than June irt each year a full and partic- ular 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 Com- mittees and Boards for the purpose of reviewing and recommending adoption to County Council. S. To review and recommend grants for scholarships. 6. To provide liaison with the County Board of Education in the form of a four (4) member Committee and the Warden. 7. To report and advise on Library activities. 8. To see that all duties and services which ought to be performed by the Treasurer, and the òfficers in his department, are fully executed. 9. 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, plus one representative from an urban municipality. 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 Finance 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 con- sider 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, Municipal 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 Committee 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 recommenda- tions to the County Council of all proposed changes effecting the present functions of County Council Iri 8 3. To make recommendations with regard to remuneration and mileage rates of County Councillors, Committee Members and the Warden. 4. To study and make recommendations with respect to all proposed restructuring of local government within the County. 5. To study and make recommendations with respect to indus- trial and recreation matters. XIV SOCIAL SERVICES COMM!TTEE 1. The Social Services Committee shall be composed of five (5) members. 2. It shall be their duty to regulate and have supervision 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. XV 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 Citizens 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. XVI COUNTY ROADS COMMITTEE 1. The Roads Committee shall be composed of the following: Five (5) rural voting members Two (2) rural advisory members One (1) urban voting member One (1) 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 Superindent in the con- struction 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 Superintendent may authorize in writing, a payment, not exceeding a total of $3,000.00 for emergency reasons, where necessary between Roads Committee meetings. XVII PERSONNEL COMMITTEE 1. The Personnel Committee shall be composed of five (5) members ....-..,.., "',", ,y~ ·:iIII 4. cording coupons the same He shall also keep special books and registers for re- the debenture debt of the Corporation, the retirement of the or interest warrants of the same, and all other changes in 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 disburse- ments, and all other reckQnings and accountings of what nature or kind, soever, connected with the monetary transactions of the Corporation 2. The security of the Treasurer, as required by law, shall be by guarantee bond of any good and sufficient Company or Associ- ation duly incorporated for granting bonds of suretyship for parties holding positions of trust, and as to the amount of the same and all other particulars, shall be subject to the approval of the Council " , I: , , II II :! !'I 1'11, I, 11 II " " II 'I : ~ I II 1. The Treasurer shall be the Head of the Financial Depart- ment 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 financial 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 pro- tecting the same, and meeting the annual expenditure, with a care- ful regard to the maintenance of the County credit XX TREASURER AND/OR DEPUTY TREASURER The duties of the various addition to those prescribed by law the Council. shall be as follows: , officers of the Corporation, in or any By-Law or Resolution of I' I II II III III I I , XIX APPOINTMENT AND DUTIES OF OFFICERS OF THE CORPORATION 4. To arrange, tainment etc for the when required County , 3. To be responsible for arranging for meals etc meeting of County Council. any function involving enter- for each 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 1 The Reception and Entertainment Committee posed of ten (10) members shall XVIII RECEPTION AND ENTERTAINMENT COMMITTEE be com- 7 respect to To make recommemdations any of the above duties to the Elgin County Council with 6. To study and recommend to County Council all reclassifi- cations of personnel, changes in fringe benefits, mileage rates, etc. of non Union or non Association employees 5. To advertise for, and interview applicants for the posi- tion of Head of a Department or his/her assistant or deputy 4. To be the negotiating advisory people, when negotiating Association representing employees committee, with power to add an agreement with a Union of the County of Elgin or 3 To set up a salary schedule for new positions when they are created and not covered by a Union or Association agreement fi" II 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 9 1. 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 supplemen- tary report as to any additional improvements and repairs to be undertaken during the year, and which were not included in the last preceding report XXII ENGINEER 6. He shall maintenance of all minor repairs be generally responsible for the care and proper buildings on the Court House Block, including 5. Chairman To attend all meetings of Committees when requested by Acting Chairman or Warden. and act as Secretary thereof 4 To have charge of the County seal and only to attach the same to any document connected with the Corporation 3. To give notice to the members of the Council of all spe- cial meetings thereof; said notice to be mailed to each member at his residence or place of business 2. To notify each member of appointed under this By-Law, as soon made, of the time and place at which mittee will be held the as the Committees to which they the appointment has been first meeting of the Com- 1 to perform It shall be the duties are the duty of the County Clerk or Deputy Clerk required of him by statutory or other authority XXI COUNTY CLERK AND/OR DEPUTY CLERK 11. The accounts and transactions of his department shall subject to an audit by the County Auditors as the Council may direct, and these shall prepare the Annual Detailed Audit and Abstract Report of Receipts and Expenditures be 10. He shall generally superintend department, and the officer of the and verify the entries of receipts accounts and vouchers of the same, the transactions of his same, and duly compare, check and disbursements with the and with the books of the office 9. He shall, as early as may be after the close of the finan- cial year, cause to be prepared for publication any statements of assets and liabilities, and such other information 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 sev- eral Committees, or by statutory or other authority, and by the appropriations made for their liquidation, advising with the Com- mittee of Finance or the Council when requisite 7. He shall further be the custodian of all bonds and secur- ities 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. He shall be the custodian of all titles and evidence of titles, deeds, insurance policies, mortgages, leases, bonds, agree- ments, or other instruments relating to the property 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 r , 5. He shall use all diligence in enforcing the prompt col- lection of all rates, interest, rentals, or other dues of the Corporation, and where necessary, enforce payment of the same by prompt recourse to legal process 10 - a ~ 2 That it shall be Corporation to furnish the documents, books, or papers, or possession of such Officers, such other aid and assistance as of the duties of the said office the duty of all County Solicitor, or copies of the and to give to he may require other Officers of this upon request, with any same, in the custody the said in the Solicitor performance 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 XXIII THE COUNTY SOLICITOR 15. which prior He may authorize in provides for a discount or to the next Roads Committee writing the payment of a penalty, when the meeting any account due date is 14. He shall keep proper record of the classification of all employees of his Department and any reclassification or new classi- fication must be done in consultation with the Personnel Committee 13. all for To prepare and have the custody of, such plans and estimates as may from time the use of the County and be responsible for to time be prepared 12 To preserve and file all communications and tenders ad- dressed 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 , 11. Committee or other persons may order the same To communicate a copy of any order or minute of the said made at such meeting, to such officials of the Corporation as may be affected thereby, or to whom the Committee to be communicated 10 To conduct the correspondence of the said Committee keep copies of all letters written by him on office business 9. Roads and 8. To furnish all necessary plans and specifications for all engineering works under the control of the County Roads Committee .} of the County Committee To cause Committee to a notice of any special be mailed to each member meeting of said 7. or to meet he To report from time to time to the County Roads Committee the Council, as the case may require, any obstruction he may with in the course of his duties or any other matter upon which may require advice or instruction 6. To have general superintendence and control of all sonnel in his department, and of all Corporation contractors ject to the terms of their respective contracts per- sub- 5. against cause to purpose To examine and certify all bills for material and labour the Corporation for works in his charge, and to make or be made, the surveys and examinations necessary for the 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, reported 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 Roads Committee 3. To be responsible to the Council for the due performance 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 r ~w ,I" , , i 2. To have the general superintendence and control of employees of the Department in the carrying out of all works construction and repair of buildings ordered by the Council (Property Committee). 11 all of 1. The Clerk or Deputy Clerk of the County shall take the Chair at two o'clock in the afternoon of the Second Wednesday of the month of December in each year (except when the first day of December falls on a Wednesday, in which case it shall be the third Wednesday), or at such hour and on such day thereafter as he shall find the major- ity of the members of the Council present in the Council Chambers XXVII ELECTION OF WARDEN 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, oppression, favouritism, partiality, or wilful wrong or injustice, 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 followed, and in such cases the decision of the Warden or other Presiding Officer shall be final, and acquiesced without debate 2 No standing rule or order of the Council shall be except by a vote of two-thirds of the members present suspended l. shall be Council Officer No person, except Members and Officers of the Council, allowed to come within the bar during the sittings of the without the permission of the Warden or other Presiding XXVI GENERAL CLAUSES 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 a,scer- tained by a jucicial decision, to have been guilty of defrauding, or attempting to defraud the County, shall again be employed in any capacity on behalf of or receive any contract from the County, with- out the express sanction 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 cognizant, to their superiors, and for such superiors to report the same to the Committee to whose department the subject of the fraud belongs 2. No member of the Council shall have power to direct or interfere with the performance of any work for,the Corporation, and the officer in charge shall be subject to his šuperior officer, if any, and to the Council, or to any Committee (while acting in that capacity, and not otherwise), to which the Council may, in any case give authority in that behalf 1. That no tenders be accepted on behalf of the County of Elgin for any purpose unless panied by a certified cheque for such amount to do with the matter may determine of the Corporation such tender be accom- as the Committee having XXV MONEY APPROPRIATIONS, ACCOUNTS, EXPENDITURES AND IMPROVEMENTS , CONTRACTS 1. The person appointed as Labour Relations Officer 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 r" ! i: I: ;"i XXIV LABOUR RELATIONS OFFICER 12 rr 13 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. 3. That the Clerk or Deputy Clerk announce that any person aspiring to the position of Warden shall be granted an opportunity, not exceeding five (5) minutes, to address County Council. 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. 5. That he shall thereupon take from a recéptacle 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 municipality which for the pre- ceding 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 declare and read aloud the declaration of office, and oath of allegiánce and on the completion thereof he shall take the chair. XVIII COUNCIL PAYLISTS L That all paylists for meetings of Councilor Committees be certified by the County Clerk or Deputy Clerk or Warden before being paid by the Courtty Treasurer. That By-Laws No. 2539, 79-31, 80-4 and 80-25 and all other By-Laws and Resolutions contrary to this By-Law be and the same are hereby repealed. This By-Law to become effective December 1st, 1980. READ a first time this 15th day of October, 1980. READ a second time this 15th day of October, 1980. READ a third time and final'ly passed this 15th day of October, 1980 , ~ ~-= ~"~ 1 - G C. Leverton L A. Longhurst Clerk Warden ~