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95-18 COUNTY OF ELGIN 95-18 By-Law No. "BJ1tING A_BY-LAW TO CREATE THE POSITION O:JLCOUNT-y ADMINISTRATOR AND_TO COMBINE THE DUTIES OF AND TO_DEFINE THE DUTIES THEREOF' CHIEF ADHINISTRATIVE__OFFICER CLERK WHEREAS section 72 of the Municipal Act, R.S.O. 1990, and amendments thereto, provides that a Council may appoint a Chief Administrative Officer (herein referred to as County Administrator who shall have such general control of the administration of the government and affairs of the Municipal Corporation and perform such duties as the Council by by-law prescribes; and shall be responsible for the efficient administration of all its depart- ments to the extent that he or she is given authority and control over them by by-law; and WHEREAS pursuant to Section 210, Subsection 45, a municipality may appoint such officers and employees as may be necessary for the purposes of the Corporation, or for carrying into effect any Act of the Legislature or by-law of the Council; and of the ) THEREFORE the Municipal Council of the Corporation County of Elgin (hereinafter referred to as lithe Corporation enacts as follows: is hereby appointed County 1. That Mark G. McDonald be and Administrator/Clerk of the Corporation. 2. That the County Administrator shall be responsible only to the Council of the Corporation, perform such duties as are law- fully prescribed and generally manage the business affairs of the Corporation in a diligent, competent and lawful fashion through Department Heads and others reporting to him/her and subject always to the policies and directions of Council 3. That the County Administrator shall co-ordinate, lead and direct the Department Heads in the efficient administration of the Corporation, in accordance with the by-laws, policies and plans approved and established by County Council. 4. That the County Administrator shall delegate appropriate duties and responsibilities to Department Heads within the approved organizational structure 5. That the County Administrator shall recommend to Council the appointment, supervision, training, discipline, suspension, or dismissal of Department Heads in consultation with the Personnel Administrator and in keeping with established policy. However, nothing in this by-law shall grant authority to the County Admin- istrator to exercise direction or control over any officer of the Corporation appointed under statute insofar as his/her statutory duties are concerned. 6. That the County Administrator shall attend all meetings of County Council and may attend its standing committees except when excused from doing so by the Warden by reason of sickness, vacation or attendance elsewhere on Corporation business, with the right to speak, but not to vote thereat 7 That the County Administrator shall meet regularly with and co-ordinate the activities of the Department Heads of the Corporation through a management committee for the purpose of developing policy recommendations, determining staff development needs and co-ordinating administrative activities 2 8. That the County Administrator shall ensure that information and reports requested by Committee/Councilor which could be of assistance to Committee/council are obtained or prepared and submitted for consideration. 9. That the County Administrator shall refer sensitive or serious issues to Committee/council and recommend responses or solutions 10. That the County Administrator shall, in accordance with County Policy, conduct periodic performance evaluations of Depart- ment Heads. 11. That the County Administrator shall develop and implement, 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. 12. That the County Administrator shall consult with Council, Department Heads, Local Boards and Committees to assist in determ- ining effective programs and ensuring efficient operation within approved budgets and in compliance with applicable legislation. 13. That the County Administrator shall assist in the exer- cise of general financial control of all departments, in conjunction with the Treasurer. 14. Despite anything herein contained, this by-law shall not be deemed to empower the County Administrator, in any way whatsoever, to exercise or encroach upon the powers of Council. 15. That the County Administrator shall perform all of the powers and duties of the position as prescribed by the statutes of Ontario and as may be from time to time prescribed by the Council. 16. That the incumbent will be subject to a six month probationary period as per County policy. 17. That at least once a year, the County Administrator shall meet with the Executive Committee or a sub-committee for the purpose of a performance appraisal. 18. That if at any time the County Administrator's responsi- bilities are completed, removed or transferred, then the incumbent will return to his/her previous position. 19. That a complete jOb description shall be attached to this by-law as schedule "A". 20. That the following duties of Clerk shall be in conjunction with those of the County Administrator (Job Description is attached as Schedule "B"). 21. That this by-law shall not be repealed except by by-law, passed by a vote of 60% of all members of council, at a meeting duly called, in accordance with the procedural by-law and tenure and dismissal of office shall be in accordance with section 97 (1) (2) of the Municipal Act, R.S.O. 1990, as amended. 22. That this by-law shall come into force and take effect upon its passing. READ a first and second time this 21st day of March, 1995. READ a third time and finally passed this 21st day of March 1995 p,k- ~t.. - D. Vane Chute Warden. 8 to By-Law No. 95-1 Schedule "A COUNTY OF ELGIN POSITION DESCRIPTION Reports To: Executive Committee/Counci County Administrator Title: Heads Department Supervised Positions 995 1 1, March 2 Department: Effective Date: PRINCIPAL RESPONSIBILITIES: To co-ordinate, lead and direct the Department Heads in the efficient administration of the municipality, in accordance with the policies and plans approved and established by County Council. 1 of the Corporation in the To provide support and assistance where required to other officers discharge of their statutory duties. 2 To consult 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. 3 To ensure that information and reports, requested by Committee's/Council or which could be of assistance to Committee's/Council, are obtained or prepared and submitted to the Committee's/Council. 4. or issues to Committee/Council and to recommend responses To refer sensitive or serious solutions. 5 Heads, with such process and in accordance with To be involved in the recruitment and selection of all Department being conducted in conjunction with the Personnel Administrator Council policy. 6. To conduct performance evaluations of Department Heads in accordance with County policy. To develop and implement, 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. 7. 8 To exercise 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. 9. MINIMUM QUALIFICATIONS A University degree or equivalent in Business/Municipal Administration 1 municipal experience. At least ten years of senior 2 A.M.C.T. preferred 3 Experience working directly with Council and involvement with staff supervision. analytical and communication skills. Date Strong and demonstrated interpersonal, Incumbent 4. 5 8 to By-Law No. 95-1 B Schedule COUNTY OF ELGIN POSITION DESCRIPTION Executive Committee Reports To: County Clerk Title: Supervised: 5 Positions 992 1 Clerk's September Department: Effective Date: POSITION SUMMARY: 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 County as a whole. PRINCIPAL RESPONSIBILITIES: Plans, directs, organizes and controls the on-going operation of the Clerk's Department in accordance with the Statutory Duties laid out in the Municipal Act, other relevant Acts, and as assigned by County Council. 1 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. 2 Advises and counsels County 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 as how this legislation would impact on possible Council action. 3 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. 4. banquets, openings, Acts as Council's protocol officer assisting in the planning of receptions, counselling Warden on ceremonial duties and attends Civic functions. 5 to the Executive Committee. Directly reports 6. liaison between the Executive Committee and the Management Committee. Acts as 7. Committees as directed by Council by: ensuring all relevant items are included and attaching al Counci Preparing and circulating agenda, necessary documentation. Acts as Secretary of al (a) 8 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. (b) Advising committee members on matters within their jurisdiction and informing them of relevant items concerning other committees and the County as a whole. (c) Warden Where necessary Chairman for annual election of Prepares all bylaws and other legal documents for presentation to County Council. consults with County Solicitor. Secretary of Council as above and as Acts as 9. o. 1 Ensures that all bylaws requiring approval from other agencies or levels of Government are presented to the appropriate party for approval. 1 1 2 County Clerk Co-ordinates all new and proposed legislation to the department heads and standing committee's and follows-up on the same. 2 1 inquiries from the public regarding County operations, responses and referring technical items to the appropriate central reference source for and accurate (a) Acts as providing prompt department. 3 1 (b) 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. (c) Assists in developing policies and procedures affecting operation of entire County and co- ordinates their submission to, and discussion by Council with Department Heads. (a) Provides information to, and municipalities, business and community government. (b) Maintains continuing liaison with personnel of provincial government departments and agencies, utilities, professionals, consultants, local groups and others interested in County government. answers questions from elected officials, staff of local representatives and the public on operations of County 4. 1 Prepares and submits budget for Clerk's Department and Council expenses and administers department within budget, reports periodically to Executive Committee on operation vs. budget. 5 1 Co-ordinates the renovations and the leases for office space in the County Administration Building. from outside individuals and organizations for processing through to the Receives requests for grants Executive Committee. 16. 7. 1 Researches grant possibilities and communicates the same to County Council and/or the appropriate standing committee. Forwards grant applications to the appropriate Ministry or agency on behalf of the County Department. 8 1 Processes applications to the Ontario Municipal Board for financial or other purposes. Places insurance for County Administration Building in conjunction with Executive Committee and deals with adjusters re: claims for this building, liaise with insurance company re other claims. 19. 20. Departmental Staff: Supervises al 21 staff within County policy guidelines corrective action where needed and recommends takes selects al (b) Reviews the perfol111ance of staff, salary and status changes. screens and Interviews, (a) if necessary, recommends tel111ination (c) Deals with disciplinary matters in the Department and, within County policy guidelines. Directs Caretaker and cleaning firm in the maintenance and upkeep of the County Administrative Building. 22 Officer. Responsible for the day-to-day administration of the Municipal Freedom of Information and Privacy Act for the County. Inspector and By-law Enforcement Weed Directs Tree Commissioner, 23 24. Responsible for developing, with the assistance of the Department Heads and, delivering an orientation program to new members of Council following the regular municipal elections. 25 Health and Safety Policy and Program Occupational Administration and communication of the within their departments. 26. 3 County Clerk Encouraging attitudes and work practices that reflect the intent of the policy ensuring employees and supervisors receive regular and applicable safety training, according to their needs. 27. and for property Assuming ownership responsibility and maintenance as required by the legislation, buildings owned by the County. 28 the exceed or meet employees Ensuring that all contractors and sub-contractors and their expectations of the County's Health and Safety Program. 29. Appointing Management representatives for the Joint Health and Safety Committee within their department. Consulting with the Joint Health and Safety Committee and ensuring a 21 day response to recommendations. 30. Ensuring the highest level of safety and health standards that exceed requirements of the Occupational Health and Safety Act and related legislation, within their department. 31 MINIMUM QUALIFICATIONS University degree in Municipal Administration or Political Science. 1 years experience in an administrative capacity with a rurally-oriented municipal government. (5) Five 2 systems. An equivalent combination of education and experience. Incumbent Date Knowledge of computerized information 3 4.