15-31ON I
WHEREAS Section 5(3) of the Municipal Act, S.O. 2001, Chapter 25 as amended
grants municipal power to exercise its capacity, rights, powers and privileges by by-law;
and,
WHEREAS Section 8(1) of said Act confers broad authority to municipalities to
govern its affairs as it considers appropriate; and,
WHEREAS Section 9 of said Act confers upon a Municipality the rights, powers and
privileges of a natural person for the purpose of exercising its authority under this or any
other Act; and,
WHEREAS the Corporation of the County of Elgin deems it advisable to appoint a
County Solicitor; and,
WHEREAS the Solicitor will report to the Chief Administrative Officer and will
perform such duties as laid out in the attached Job Description, serving Elgin and other
municipal entities as assigned.
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts
as follows:
1. THAT Warden and Chief Administrative Officer be authorized and directed to
negotiate and sign a five-year contract with Mr. Stephen Gibson (commencing on January
47 2016) as In -House County Barrister and Solicitor according to the terms and conditions
outlined in the confidential report titled "in -House County Solicitor and POA Prosecutor"
dated October 20, 2015; and,
2. THAT this by-law shall come into force and take effect on January 1, 2016.
�kEAD A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1 OT" DAY Or
DECEMBER 2015. 1
Mark G. McDonald,
Chief Administrative Officer.
'-Bernie Wiehle
Warden.
Title: County ams eSolicitor
®P�rc Status: Contract
O r`> '�
;, �. ►: x Department: Administrative Services
TARt® Reports To: Chief Administrative Officer
SUMMARY , F POSITION:
Reporting to the Chief Administrative Oficer, the County Barrister & Solicitor will provide a full range of
legal services (excluding real estate and employment law matters) to the County of Elgin and its 'partner
municipalities.
SUMMARY OF WORK PERFORMED:
1. Provide legal advice to County Council and staff/administration and designated committees on
relevant matters of municipal interest and operations, includingstatutory and regulatory requirements
(excluding real estate and employment lawmatters).
2. Draft and present by-laws, contracts, memorandum, policies and protocols of municipal interest
(excluding real estate and employment law matters).
3. Represent the County's interests at all levels of courts, negotiations and administrative tribunals (save
and except as relating to employment law issues).
4. Supervise and conduct prosecutions in Provincial Offenses Court relating to the County's interests,
including all Pt. l and designated Pt. III proceedings within County jurisdiction and interest, and
including all appeal proceedings.
5. Proactively monitor and report to County Council and staff/administration in respect of relevant
developments in law relating to municipal interests
6. Attend and participate in Council and Committee meetings as directed or required, including Land
Division Committee and/or meetings of other Councils/agencies as directed.
7. Oversee and provide input in the retainer of outside legal counsel relative to specified legal services
as requested.
8. Attend, participate and represent the interests of the County of Elgin at conferences and/or
organizations as directed and required.
9. Other duties as assigned.
MINIMUM QUALIFICATIONS:
1. Must possess a L.L.B..
2. A Barrister and Solicitor Licensed by the Law Society of Upper Canada.
3. A minimum of seven (7) years senior legal experience.
4. Strong understanding and demonstrated knowledge of municipal law and provincial offenses law is
required.
5. Proficiency' in computer use and MS Office applications.
6. Excellent organizational, communication (oral and 'written) and presentation skills.
7. Strong customer service and interpersonal skills.
8. , Must possess a valid "Ontario Class "G" driver's license and have access to a reliable vehicle for use on
corporate business.