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HomeMy WebLinkAboutHUR 03-20Report to Council Report Number: HUR 03-20 Date: September 28, 2020 From: Jennifer Eddy Director, Human Resources Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference -File: A-1440 Recommendation: 1.That Report HUR 03-20, regarding a Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference, be received; 2.That the draft By-law, defining the duties of the CAO, included as Attachment #1 to HUR 03- 20, be enacted; 3.That an Ad Hoc, Chief Administrative Officer (CAO) Recruitment Committee, be established and comprised of the Mayor, two Members of Council selected by the Mayor, the Director, Human Resources, the City Clerk and an external executive recruiter; 4.That the draft Terms of Reference for the CAO Recruitment Committee, included as Attachment #2 to HUR 03-20, be approved; and, 5.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The positon of CAO for the City of Pickering is currently vacant and staff were directed, at an in-camera meeting of Council, held on May 28, 2020, to report back to Council with a comprehensive review and update of the current CAO By-law 682/77, as amended. Additionally, staff were directed to report back on the recruitment process to hire a new CAO, including the striking of a Recruitment Committee and engagement of an external executive recruiter. The report was directed to come before Council for their consideration at the September 28, 2020 Council Meeting. This report is seeking Council’s approval of the updated CAO By-law, which will form the basis for the job posting, and establishment of a Recruitment Committee as well as Terms of Reference for the same. The proposed target date to have a new CAO appointed is January 1, 2021. Financial Implications: The cost to engage an external search firm to conduct the recruitment for a new CAO would be approximately $24,000 (plus $3,500 per candidate for psychometric testing). The City’s Human Resources Department will work with the external executive recruiter and provide support as needed, however, most of the work will be coordinated and conducted by the recruiter. HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 2 Discussion: Pickering City Council is effectively the Board of Directors for The Corporation of the City of Pickering (the “City”). The Chief Administrative Officer (CAO), is the top executive of the City who is responsible for exercising general control and management of the affairs of the municipality. The CAO is the conduit between Council and City Staff , and effectively carries out the duties and responsibilities contained in the CAO By-law. Staff were directed to review the existing 1977 CAO By-law, which aside from some minor amendments, has served to outline the duties of the CAO since its enactment. Due to the age of the by-law, it is necessary to update and modernize it for today’s practices. Research was conducted of several GTA municipalities and most CAO By-laws are consistent across municipalities. Some of the provisions of the existing by-law have been retained and reworded with updated language and some new provisions have been included for Council’s consideration. The draft By-law was also vetted by Ross Dunsmore, Dunsmore Law, and those suggested changes have been incorporated. The following provides the additions and/or high level changes that have been made, including notations, to provide the applicable corresponding section of the new draft By-law (Attachment #1) and explanatory notes. A copy of the existing 1977 By-law (By-law 682/77) is included as Attachment #3 for context: By-law Change Section of the New Draft By-law Notes/Comments Inclusion that the CAO reports directly to Council Section 1 Although understood, this was not explicitly stated in the 1977 By-law. Inclusion of the ability to assign a member of the Senior Management Team (SMT) to act in the CAO’s absence. Section 2.1 c) This is a practice that currently exists but has now been explicitly written into the By- law for clarity. Specific requirement that the CAO must recommend to Council, the appointment and discharge of those Statutory Officers listed in the By-law, before such action is taken. Section 2.2 b) The 1977 By-law includes that the CAO has full control and direction of all employees except for those appointed by statute. It also includes that the CAO recommends to Council the appointment, employment, suspension or dismissal of Department Heads. Department Heads meaning Directors under the City’s current organizational structure. HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 3 As noted earlier in the report, the CAO is the top executive of the City and shall have full authority to recruit, hire, train, supervise, promote, transfer, demote, discipline and discharge employees in accordance with set policy. The updated by-law removes the need to recommend any such action to Council except when it comes to the hiring or discharge of one of the identified statutory officers listed in the new by-law. This clarification has been provided to give distinction to the fact that the CAO has control and direction over all staff, in accordance with set policies, and only the hiring or discharge of an identified statutory officer must be recommended to Council. Addition of wording to clarify that the recruitment, hiring, training, supervision, promotion, transfer, demotion, discipline and discharge of employees, is done in consultation with Human Resources and City Policies as approved by Council. Section 2.2 c) This wording was not as clearly stated in the existing by-law and has been added to provide clarity over this process. Removal of authority for the CAO to amend and modify the Benefits Policy and Leave Policy for Non-Union Employees. Section 2.2 e) The authority allowing the CAO to amend these specific policies was provided through an amendment to the 1977 By-law in May 2000. As that was 20 years ago, and all Policies are now approved through Council, this authority HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 4 has been removed to keep with standard practices. The Non-Union Leave Policy and Benefits Policy were last updated in 2004 and 2001 respectively. Human Resources is currently updating and amalgamating these policies and will bring forward a comprehensive report and over-riding policy for Council’s approval that will encompass all terms and conditions of employment for non-union employees including benefits, leaves and salary administration, which will be utilized by the CAO when administering these matters. Removal of any monetary thresholds and general inclusion of controlling municipal purchasing in accordance with the City’s financial policies. Section 2.3 f) and g) Financial policies are in place to address these thresholds so there is no need to stipulate a specific monetary value. Inclusion of an annual performance review with Council. Section 3 Broad parameters have been included to provide the ability for Council to evaluate the CAO’s performance. This process will be defined by the Director, Human Resources and would be presented annually to Council at an in- camera meeting and would be in keeping with the City’s Policies and Procedures for non-union employees. Removal of any notice provisions by Council should they wish to meet to Sections 4 and 5 b) The removal of the notice provisions falls within our current operating structure and Procedure By-law which HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 5 It is proposed that the new CAO By-law come into effect on January 1, 2021, and at that time, all current CAO By-laws would be repealed. Approval of the By-law now will allow the recruitment process to commence and will be used to form the basis of the job posting and will also maintain the current appointment of the Interim CAO under By-law 682/77. Once the new CAO has been confirmed, they will be formally appointed under the new By-law. In addition to the proposed draft CAO By-law, staff are providing an overview of the process to undertake the recruitment of a CAO and requesting Council’s approval of the establishm ent of a CAO Recruitment Committee. In accordance with the City’s Procedure By-law, Council may at any time, appoint an ad hoc Committee to enquire into, and report on, any matter and once the ad hoc Committee has competed its work, and made its report to Council, the Committee is deemed to be dissolved. The Committee’s mandate and responsibilities are included in the draft Terms of Reference (Attachment #2). The Committee is proposed to be comprised of the Mayor, 2 Members of Council selected by the Mayor, the Director, Human Resources, the City Clerk and an external executive recruiter. The role of the Committee, as outlined in the draft Terms of Reference, will be mainly to work with the executive recruiter, oversee the creation of a job posting and interview questions, as well as to conduct interviews and form a short-list of candidates, which will be provided in a report to Council who will ultimately decide on the appointment of the preferred candidate. As contemplated above, it is recommended that an external executive recruiter be retained to assist with the search. The benefits of engaging an external search firm to conduct the CAO recruitment include: - Extensive experience in hiring top level executives; - Finding and recruiting candidates who might not necessarily be actively looking for a job by connecting with them through referrals, direct contact and using their database of candidates from past executive level recruitments; - Leading the process from the recruitment phase up to and including negot iating with the successful candidate; and, - Providing a recruitment guarantee that the successful individual will remain in the CAO position for a one or two year time frame depending on the search firm. Accordingly, Human Resources staff undertook a review of external executive search agencies and obtained three quotes. In accordance with the City’s Purchasing Policy, the total cost fall s discuss the appointment or dismissal of the CAO. allows Council the ability to meet, through the calling of a special meeting, for any matters including personnel matters about an identifiable individual, without the need to give prior notice. Notice of such meeting is provided through the meeting agenda. HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 6 within an amount that may be approved by the Director, Human Resources, and a competitive process was not required. The three quotes received were from: Company Name Western Management Consultants of Ontario (WMC) Legacy Partners Executive Search Odgers Berndtson Contact David Howes Kartik Kumar Margaret Campbell Recent Searches CAO Search Ajax Clarington Whitchurch- Stouffville Other Searches Commissioner- Brampton Vaughan Director- Toronto Vaughan Solicitor- Markham CAO Search Uxbridge Cobourg Waterloo Cambridge Scugog Niagara on the Lake Kingston Burlington Cambridge St. Catharines Whitby library CEO Ajax library CEO Other Searches Directors for Ajax Directors for Oshawa CAO Search Durham Region Barrie Calgary Kitchener Peterborough London Lethbridge Renfrew Brock (underway) Muskoka (underway) Calgary Hamilton Oakville Ottawa Mississauga York Region Cost $32,000 $24,000 $32,000 Guarantee 1 year 2 years 18 months After a thorough comparison of these agencies, Legacy has been selected as the preferred Recruiter as they have over 50 years of successful searches in Municipal and Broader Public sectors. They offer a two year, two-way guarantee that ensures that the City can replace the successful candidate, at no additional cost if the employment is terminated for any reason. They employ a six phase search methodology which is systematic and measurable which includes the following phases: 1.Exploring the Organization and the Role: determine the key competencies and leadership capabilities required for the role of CAO to establish the performance success criteria, education and qualifications and the personal attributes of the ideal candidate. This would be accomplished through the development of a stakeholder engagement strategy and a communications strategy which will involve interviews with all Members of Council and other internal and external stakeholders as identified by the Recruitment Committee. HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 7 2. Creating the Position Profile and Sourcing Potential Candidates: This profile will reflect the requisites of a successful candidate and will be confirmed by the Recruitment Committee and Legacy Executive Search Partner. Direct sourcing of candidates would then occur utilizing existing contacts and external postings. 3. Screening and Assessing Candidates: Potential candidates would be vetted by Legacy using a competency matrix which was agreed to in phase one. A long list of candidates (approximately 6 – 8 qualified candidates) would then be presented to the Recruitment Committee for consideration. 4. Preparing for Interviews and Presenting Candidates: the Recruitment Committee will be presented with a report detailing the curriculum vitae of each recommended can didate and the particulars of the interview process will be finalized. 5. Interviewing and Selecting from Candidates: Legacy will prepare interview questions and schedule and attend each interview. The Recruitment Committee will conduct the interviews and maintain a comprehensive record of the content of each interview. During this phase the candidates will be ranked and Legacy will conduct a detailed reference check as well as academic and professional credential verification of the preferred candidate(s). Psychometric testing of the top candidate(s) may be completed at this time. The ranked short list, of not more than 3 candidates, including the preferred candidate, will be presented to Council who will then select the successful candidate for appointment. 6. Presenting the Offer and Facilitating Transition: Once the successful candidate is selected, Legacy will assist with the creation of an employment offer and negotiation of the terms of employment. They will continue to provide onboarding support during the first 12 months to ensure the successful applicant is validated for both the City and the candidate. This process will take approximately 12 weeks, and will require weekly/biweekly interaction with the Recruitment Committee which will optimize effectiveness, identify deliverables and ensure timely delivery. This report serves to provide Council with an updated CAO By-law and an overview of the process for the recruitment of a Chief Administrative Officer. Staff are seeking approval of the By-law, Recruitment Committee and associated Terms of Reference to enable the recruitment process to commence. Attachments: 1. Draft CAO By-law 2. CAO Recruitment Committee Draft Terms of Reference 3. By-law 682/77 – Current CAO By-law HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 8 Prepared By: Prepared By: Jennifer Eddy Susan Cassel Director, Human Resources City Clerk Approved/Endorsed By: Jennifer Eddy Director, Human Resources JE:sc Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer The Corporation of the City of Pickering By-law No. xxxx/20 Being a by-law to describe the duties and responsibilities of the Chief Administrative Officer and set out certain conditions of employment Whereas Section 229 of the Municipal Act, 2001, as amended, provides that a municipality may appoint a Chief Administrative Officer who shall be responsible for (a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and (b) performing such other duties as are assigned by the municipality; Now therefore, the Council of the Corporation of the City of Pickering herby enacts the following: 1. There is hereby established the position of Chief Administrative Officer (CAO) who shall report directly to Council, be accountable to, and receive authority from Council, and perform their duties in conformity with Council decisions . This person shall be employed to perform the duties and responsibilities set out below. 2. The CAO shall, in accordance with section 229 of the Municipal Act, 2001, as amended from time to time, be responsible for the sound financial and day to day management of the Corporation and the implementation of the policies determined from time to time by Council incuding but not limited to the following: 2.1 Management a) Manage and administer the business of the Corporation in accordance with the by-laws, policies, resolutions and plans approved by Council; b) Oversee and coordinate the implementation of all municipal programs, policies and plans approved by Council; c) Delegate appropriate duties and responsibilities to the Senior Management Team (SMT) for efficient and effective management and administration of the business of the Corporation including the ability to assign a member of SMT to act in the CAO’s absence; d) Lead, direct and coordinate the Senior Management Team in the management and administration of the business of the Corporation; e) Monitor and ensure the adequacy of the Corporation’s organization and structure to deliver all programs, policies and plans approved by Council effectively and efficiently; f) Lead, direct and coordinate all the Corporation’s Departments in the pursuit of enhanced cost-effective delivery of both services to the public and the management and administration of the business of the Corporation; g) Act as required under the Corporation’s Emergency Management Plan; and, h) Represent the interests of the Corporation on federal, provincial, regional and local municipal intergovernmental issues and with boards, agencies and commissions at the management and administrative level. 2.2 Human Resources Be responsible for the recruitment, hiring, training, supervision, promotion, transfer, demotion, discipline and discharge of all employees of the Corporation subject to the conditions below: a) The CAO shall not act in a manner that conflicts with the statutory duties of the employees who are appointed under any statute being the Chief Building Official (CBO), City Clerk, Fire Chief and the Treasurer; b) The CAO may only recommend to Council respecting matters related to the appointment or discharge of those Statutory Officers listed in section 2.2 a); c) The CAO shall consult with Human Resources, act in accordance with applicable Human Resource policies and procedures, contracts of employment and collective agreements, and follow lines of authority as defined in the organizational structure ; d) Direct collective bargaining with all unionized Municipal employees including the mandate process, and upon approval by Council of such agreements, administer them in consultation with Human Resources, including being responsible for all wage, salary, benefits and leaves administration subject to normal grievance procedures; and, e) Administer the terms and conditions of employment of the Non - Union Employee group including all wage, salary, benefits and leaves administration in accordance with applicable Human Resources policies and procedures and contracts of employment. 2.3 Financial Management a) With the assistance of the Treasurer and the Senior Management Team, supervise the preparation and submission to Council of the annual current operating budget for approval, together with such analysis and recommendations with respect to the exp enditures, revenues, and reserves which are necessary for the sound financial management of the Corporation; b) With the assistance of the Treasurer and the Senior Management Team, supervise the preparation and submission to Council of the annual capital budget together with a multi-year forecast of the Corporation’s capital requirements, for approval, together with such analysis and recommendations which are necessary for the sound financial management of the Corporation’s current and future capital assets; c) Exercise and maintain sound financial management over the Corporation, including effectively monitoring the annual estimates of revenues and expenditures as approved by Council and complying with the current operating and capital budgets of the Corporation; d) Ensure, with the assistance of the Treasurer, that all statutory financial actions comply with the Municipal Act, 2001, as amended, and accounting standards; e) Supervise the performance of all contracts or agreements entered into by the Corporation as approved by Council and ensure that all conditions related thereto have been fulfilled in accordance with the provisions of such contracts or agreements; f) Supervise all Municipal purchasing, by overseeing the establishment and enforcement of policies and procedu res for the procurement of goods and services by the Corporation; g) Manage all Municipal purchasing by entering into contracts involving approved expenditures in accordance with the financial policies approved by Council; and, h) Exercise effective financial control of all Departments, with the assistance of the Treasurer and members of the Senior Management Team. 2.4 Planning & Administration Be responsible for research, analysis, and recommendations to Council respecting appropriate policy matters for their consideration and action including: a) Providing information and advice, in consultation with the Senior Management Team, as required, to Council to support decision making and by-law approval; b) Developing long and short-range plans to achieve established priorities, goals and objectives, and recommending to Council services and programs to support the policies and plans of Council, and; c) Compiling, considering, and presenting to Council recommendations arising from departmental operations which require Council’s approval and proposing by-laws or resolutions arising from such recommendations. 2.5 Communication Be responsible to inform Council appropriately, from time to time, so it may assess the manner in which the policies of Council are being implemented and the Corporation is being managed including: a) Coordinating and facilitating the flow of information between the administration and Council, including the development of an effective format and mode of presentation with respect to reports and other communications provided to Council for consideration; b) Keeping Council informed by verbal and written reports, and statements, of progress and accomplishments in the implementation of the policies and plans approved by Council, the status of revenues and expenditures, and the exercise of financial and administrative control; c) Attending meetings of Council and Standing Committees of Council, and participating in the discussion for the purposes of clarifying or providing information on any matter being considered by Council; and, d) Performing any additional responsibilities and exercising the powers incidental thereto which may, from time to time, be assigned to the CAO by Council. 3. Evaluation of Performance: The CAO shall meet with Council at least once during each 12 month period of the CAO’s emloyment, for the purpose of reviewing the CAO’s performance. 4. Termination: A decision to terminate the CAO shall be done by resolution which must be passed by at least two-thirds of the Councillors present and voting at a meeting of Council. 5. General: a) The duties and responsibilities as set forth above, shall not be deemed to empower the CAO, to have the authority to perform any act that would to any extent whatsoever, encroach upon the statutory authority or legislative powers of Council; and, b) Council shall appoint by by-law, such person as it may deem most suitable to be employed to carry out the duties and responsibilities of the CAO. This shall be done by a simple majority of the members of Council present and voting at a meeting of Council. This By-law shall come into force and effect on January 1, 2021 at which time By-law numbers 682/77, 817/78, 4950/97, 5423/98, 5668/00 and 7083/10 are hereby repealed. By-law passed this 28th day of September, 2020. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk Draft Terms of Reference Chief Administrative Officer (CAO) Recruitment Committee 1. Mandate 1.1 The CAO Recruitment Committee (the Committee) is an Ad Hoc Committee as defined under the City’s Procedure By-law. 1.2 The mandate of the Committee is to oversee the process undertaken by the external Executive Recruiter (the Recruiter) and the Director, Human Resources, in relation to the recruitment of a CAO and to ensure that the appropriate measures are taken to consider applications, conduct interviews and recommend a short-list of qualified candidates to Council for selection and appointment of the appropriate candidate. 1.3 The final decision on all matters related to CAO selection and appointment rests with City of Pickering Council. 2. Goals, Objectives and Responsibilities 2.1 The Recruiter will develop a candidate profile with input from the Committee as well as other stakeholders as necessary. 2.2 The Recruiter will develop a position profile which will contemplate their understanding of the successful candidate profile and their environment. This will be approved by the Committee and the position will be posted externally and internally concurrently. 2.3 The Recruiter will identify potential candidates by utilizing existing contacts and external web based postings. They will personally interview the candidates and provide the Committee with a long list of vetted candidates. From this list, the Committee will select a shorter list of candidates they wish to invite for an interview. 2.4 The Recruiter will develop interview questions and will schedule and attend the interview(s). 2.5 The Recruiter will conduct a detailed reference check of the Committee’s preferred candidate(s) as well as academic and professional credential verification. 2.6 The Committee will take detailed notes during the interview process and will present their findings to Council in a staff report which will include the ranking of the top candidates (no more than 3) and the particulars provided by the Recruiter from the reference and credential verification. 2.7 Psychometric testing of the top candidate(s) may be completed at this time if deemed necessary by the Committee. 2.8 Upon considering the staff report and the short list of candidates interviewed by the Committee, Council will endorse a preferred candidate for appointment as CAO. 2.9 The Recruiter will assist with the creation of an employment offer and negotiation of the terms of employment. 2.10 The Recruiter will continue to provide onboarding support during the first 12 months to ensure the successful applicant is validated for both the City and the candidate. 2.11 The anticipated start date of the position is January 1, 2021. 3. Composition 3.1 The Committee will be comprised of the Mayor, two (2) Members of Council selected by the Mayor, Director, Human Resources, City Clerk and an external executive recruiter. 3.2 The Mayor shall Chair all CAO Recruitment Committee Meetings. 3.3 The CAO Recruitment Committee shall be considered dissolved upon such time that a CAO has been hired in keeping with the provisions of an ad hoc committee under the City’s Procedure By-law. 4. Meeting Schedule 4.1 The Recruitment Committee shall meet as needed and may meet in- person or through a virtual meeting platform in accordance with the City’s Procedure By-law. 4.2 As Ad Hoc Committees are recognized under the City’s Procedure By-law, meetings shall be in accordance with such Procedures including the provision of notice through an agenda and the posting of minutes. 4.3 Given the nature of these meetings, and the confidentiality of the recruitment process, parts of the meetings will be held in closed session in accordance with the provisions of the Municipal Act. 4.4 Human Resources and the City Clerk’s Office will provide assistance and support to the Committee, as required. THE CORPORATION OF THE TOM OF PICKERING FAY-LAW WU-CBE;R ? S, L"A By-law of tke Corporation of the Town of Pickering to define and determine the duties and responsibilities of the Town Manager WHEREAS it is deemed expedient and desirable to establish the position of Town Manager and to define, and determine the duties and responsibilities thereof;NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING ENACTS AS FOLLOWS:1. That there is hereby established the position of Town Manager.2. The Town manager shall be the chief administrative office of the Corporation and ; responsible only to the Council.3. The duties and responsbilities of the Town Manager shall be as follows:a) Manage and administer the business affairs of the Corooration,in accordance with the policies and plans approved and established by the Council.b) Co-ordinate and direct the preparation of plans and programs to be submitted to the Council for the construction, maintenance and rehabilitation of Corporate property and facilities.c) Co-ordinate and direct the preparation of plans and programs to be submitted to the Council for the development and improvement of Municipal services.d) Co-ordinate, direct and generally supervise the implementation a e) Compile, consider, and present to the Council recommendations arising from departmental operations which require Council's approval and to propose legislation or resolutions arising from such recommendations. f) Direct the preparation and compilation of, and present to the Council, the annual budgets, estimates of revenues and expenditures, and other financial projections. g) Exercise general financial control over the departments in terms of approved appropriations. h) Control all municipal purchasing, with authority to enter into contracts involving approved expenditures not exceeding $2,000.00. i) Submit all accounts, to a following meeting of the Executive Committee of Council, in statement form, for approval before payment is made, and after approval given, prepare,, sign and issue cheques on approved accounts, j`) Direct collective bargaining with all Municipal employees, and upon approval of Council of all agreements, administer such agreements, and in general be responsible for all wage and salary administration subject to normal grievance procedures. k) Have full control and direction of all employees of the Corporation except those officials as are appointed under statute in respect to their statutory duties and responsibilities. 1) (i) Have authority to recommend to Council the appointment, employment, suspension or dismissal of Department Heads. ii) Have authority to appoint, employ, promote, transfer:. suspend or dismiss employees not covered by collective bargaining agreements. iii) Have authority to appoint and employ all other employees of the Corporation in accordance with procedures laid: down in collective bargaining agreements, and to dismiss or suspend such employees for cause. m) Keep Council informed by verbal and written reports, and statements, at least monthly, of progress and accomplishments in programs and projects, the status of revenues and expenditures, and his exercise of financial and administrative control. n) Without limiting the foregoing, perform the duties and exercise the powers which, from time to time may lawfully be assigned to him by the Council. o) Meet with Departmental Heads regularly to discuss matters of €.orporation business and co-ordinate all departmental activities.p) Attend Council and Committee meetings with the right, with the consent of the Chair, to speak, but not to vote thereat.PROVIDED HOWEVER, that the said duties and responsibilities as set forth above, shall in nowise be deemed to empower the said Manager, to have, perform, do or direct any act of matter that would to any extent whatsoever, encroach upon the statutory authority or legislative powers of the Council.4. That the Council is hereby authorized and empowered to appoint by by-law, such person as it may deem most suitable for the purpose of the carrying out of, said duties and responsibilities, by a simple majority of the members of Council present and voting at a meeting of Council duly called after at least one week's written notice has been given at a previous meeting of Cour_cil.5. That the Town Manager shall not be dismissed except by a by-law passed by a two- thirds vote of the Council present and voting at a meeting called with two weeks notice of motion given at a 4 6, This by-law shall come into farce and tae effect on the First day of August 1977.7. By-law N=ber 224/75 is hereby repealed.By-law read a first, second and third time and PASSED in amen 11 Council this _ clay of 1977.TOWN OF PICKERING;RECORDED VOTE I:Y?A NAY ANnERSON J.er KITCHEN D. MATHESON Ki ntJERfiSON A.: CANILL Z rISHER