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HomeMy WebLinkAboutCL 51/9916 "a it 'CeFbi REPORT TO COUNCIL Pk "OM: Bruce Taylor, AMCT, CMM DATE: December 7, 1999 Town Clerk REPORT NUMBER: CL 51/99 SUBJECT: Appointment of Transit Operations Supervisor as a Special Municipal Law Enforcement Officer to Enforce the Parking By -law RECOMMENDATION: That the draft by -law to appoint the Transit Operations Supervisor as a Special Municipal Law Enforcement Officer for the purpose of enforcing the Pa; king By -law be enacted. ORIGIN: Recommendation of staff committee AUTHORITY: Section 15(I) ofthe Police Services Act BACKGROUND: A staff committee comprised of the Division Head, Municipal Property & Engineering, the Traffic/Waste Management Coordinator, the Manager of By -law Enforcement Services, the Manager of Customer Care, the Transit Operations Supervisor and myself have met several times to discuss the enforcement of the Parking By -law and ways to utilize existing staff to provide the most effective e..'. !;,-e anent of that By -law. One of the areas of concern that was notes' were the problems that occurred when vehicles are parked at a bus stop. A situation of tKs nature creates a safety concern not only for the passengers of the bus but also for the d&ter of the bus who may miss seeing a passenger or be required to stop at an unsafe or inappropriate location. In order to help mitigate this situation, it was suggested that the Transit Operations Supervisor, who is often either on the road or actually in the bus be appointed as a Special Municipal Law Enforcement Officer for the purpose of issuing parking tickets to vehicles that are parked at a bus stop. It is often difficult for the regular Parking Control Officer or Municipal Law Enforcement Officers to get to a bus stop immediately to tag a vehicle because they are usually involved in some other matter. Report to Council CL 51/99 01 Date: December 7, 1999 Subject: Appointment of Special MLEO Page 2 ATTACHMENTS: L Draft by -law Prepared B Bruce Taylor, AMCT, CMM Town Clerk Attachments Copy: Director, Operations and Emergency Services Manager of Transportation Manager of By -law Enforcement Services Recommended for the consideration of Pickering Town Council Y� T omas J. QuinrV Chief Administrative Officer .1 1 lr R l re i� r` a! Y€ f� 3 (r �t I r : 1r ATTACHMENT #_LMA W9.L4_ 5 167 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. Being a by -law to appoint the Transit Operations Supervisor as a Municipal Law Enforcement Officer for the purpose of enforcing By -law Number 2359/87 (Parking) WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c. P.15, as amended, a municipal council may appoint persons to enforce the by -laws of the municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Gary Moskalyk is hereby appointed as a Municipal Law Enforcement Officer in and for the Town of Pickering in order to ascertain whether the provision of By -law 2359/87 are obeyed and to enforce or carry into effect the said By -law. 2. The authority granted in Section 1 hereto is specifically limited to that set out in Section I and shall not be deemed, at any time, to exceed the authority set out in Section I. 3. This appointment shall expire upon Gary loskalyk ceasing to be an employee of the Corporation of the Town of Pickering. BY -LAW read a first, second and third time and finally passed this 20th day of December, 1999. DATE MOVED BY SECONDED BY I. That Report FIR 03 -99 regarding the appointment of municipal officers be received by Council. 2. That the draft by -law to repeal the following appointment by -laws be enacted: By -law 3468/90 ( Dirmtor of Planning) By- law4355/93 (Fire Chico By -law 4380/94 (Deputy Fire Chico By -law 4425/94 (Director of Culture & Recreation) By -law 4425/94 (Dircclor of Parks & Facilities) 3. That the following appointment resolutions be rescinded: Resolution 80/99 (Director of Humn Resources) Resolution 230/97 (Director of Public Works) Resolution 79/99 (Director of Corporate Projects & Policy) Resolution 155/99 (Town Solicitor) 4. That Schedule A of By -law 4647/95 which confirms the appointment of the Chief Building Official, appoints Acting Chief Building Officials and other Inspectors, be amended. ' 11� OF PI REPORT TO COUNCIL FROM: Baba Gajadharsingh DATE: December 7, 1999 Division Head. Human Resources REPORT NUMBER: HR 03 -99 Bruce Taylor Town Clerk Jane Burton Town Solicitor SUBJECT: Appointment of Municipal Officers RECOMMENDATIONS: 1. That Report HR 03 -99 regarding the appointment of municipal officers be received by Council. 2. That the draft by-law to repeal the following appointment by -laws be enacted: By -law 3468/90 (Director of Planning) By -law 4355/93 (Fire Chico By -law 4380/94 (Deputy Fire Chico By -law 4425/94 (Director of Culture & Recreation) By -law 4425/94 (Director of Parks & Facilities) 3. That the following appointment resolutions be rescinded: Resolution 80/99 (Director of Iluman Resources) Resolution 230197 (Director of Public Works) Resolution 79/99 (Director of Corporate Projects & Policy) Resolution 155/99 (Town Solicitor) 4. That Schedule A of By -law 4647/95 which confirms the appointment of the Chief Building Official, appoints Acting Chief Building Officials and other Inspectors, be amended. ORIGIN: This issue is being brought to Council as part of the management restructuring that the Town is currently implementing. As part of its management restructuring, the Town has decided to place more of the administrative responsibility in the hands of the Chief Administrative Officer and the Town's three Directors. As a result, the Town needs to reconsider the by -laws and resolutions that it has passed relating to the employment status of all of its senior managers. AUTHORITY: Municlpal Acl, R.S.O. 1990, as amended Report to Council HR 03 -99 Date: December 7, 1999 119 Subject: Appointment of Municipal Officers Page 2 FINANCIAL IMPLICATIONS- None. EXECUTIVE SUMMARY: Currently, Council has by -laws and resolutions in place appointing all of its senior managers. Sonic of these by -laws are required under the Municipal Act and will be re- introduced as part of this housekeeping exercise. Many of these by -laws, however, are not required under the Municipal Act, and are therefore not necessary. In addition, if an employee is appointed by by- law or resolution, the Town may have additional and unnecessary legal hurdles to clear if it attempts to discharge that employee from his/her employment. BACKGROUND: As part of its appointment process in the past, Council has appointed (either by by -law or by resolution) all of its senior managers. Specifically, it has appointed the following employees under by -laws or resolutions: EMPLOYEE APPOINTMENT BY -LAW DATE OF PASSAGE OR RESOLUTION Jamcs A _ Tomlinson lay -law 64 -74 June 3,1974 Deputy Treasurer Bruce Taylor By -law 715.77 October 24, 1977 Clerk Neil Carroll By -law 3468/90 May 28, 1990 Director of Planning Patrick Pearsall 1 By -law 4355/93 November 15, 1993 Fire Chief William Douglas By- Iaw4380/94 January 17, 1994 Deputy Fire Chief Stephen J. Reynolds By -law 4425/94 May 3,1994 Director of Culture and Recreation Everett Buntsma By -law 4425/94 May 3,1994 Director of Parks and Facilities Gillis A. Paterson By -law 5309/98 May 19,1998 Director of Finance and Resolution #80 /90 April 12, 1999 Treasurer- Collector (Confirmed as Permanent) Thomas J. Quinn By -law 5423/98 December 7,1998 ChiefAdministmtive Officer 120 Report to Council HR 03 -99 Date: December 7,1999 Subject: Appointment of Municipal Officers Page 3 EMPLOYEE APPOINTMENT BY -LAW DATE OF PASSAGE OR RESOLUTION Baba Gajadharsingh Resolution #192/97 May 26, 1997 Director of Human Resources (Acting Director for 2 Year Term) Resolution 1130/99 April 12,1999 (Confirmed as Permanent) Richard Holbom Resolution #230/97 June 16, 1997 Director of Public Works Thomas Melymuk Resolution 1-79/99 April 12,1999 Director of Corporate Projects and Policy Jane Burton Resolution 947/99 (to extend March 8,1999 Town Solicitor contract) Resolution #155199 August 3, 1999 (Confirmed as Permanent) Under the Municipal Act, Section 72 gives Council the authority to appoint, by by -law, a Chief Administrative Officer, and to delegate the responsibilities of managing the administration of the Town and its departments to that individual. Unless other sections of the Municipal Act requires Council to appoint someone else to carry out specific responsibilities, Council has the final authority to delegate all of its responsibilities relating to the administration of the Town to the Chief Administrative Officer. Section 73 of the Municipal Act obliges Council to appoint a Clerk, and assign the Clerk responsibilities for the by -laws and records that the Town is required to keep. Council also has the authority to appoint a Deputy Clerk, who will have all of the powers of the Clerk. Section 77 of the Municipal Act obliges Council to appoint a Treasurer, and assign the Treasurer the duties and powers of the Treasurer under any Act. Council also has the authority to appoint a deputy treasurer, who will have all of the powers of the Treasurer. Section 85 of the Municipal Act gives Council 'the authority to appoint one or more collectors for the Town. Generally, the Town has appointed the Treasurer as the Collector and assigned him/her all of the responsibilities of the Collector. Section 207.45 gives Council the authority to enact by-laws appointing municipal officers, but does not require Council to appoint these officers under either by -law or resolution. Section 210.67 gives Council the authority to appoint the Town Engineer but again does not require Council to appoint this officer under either a resolution or a by -law. The final two officers that a municipality may have to appoint are a Chief Building Official and a Medical Officer of Health. In the Town of Pickering's case, Council does not have to appoint a Medical Officer of Health because this is a regional responsibility, but does have to appoint a Chief Building Official under section 3 (2) of the Building Code Act. This appointment can probably be done by way of resolution, but there is no clear answer as to which way the appointment should be made. In the Town's case, it should simply re- appoint the individual responsible as Chief Building Official, as well as the Inspectors and Acting Chief Building Officials. It should be noted that because of the restructuring, the individuals in the positions of Acting Chief Building Official have changed. Section 102.1 of the Municipal Act gives Council the authority to delegate all of its administrative powers to an employee or employees of the Town. In other words, Council is obliged to use by -laws to appoint the Chief Administrative Officer. Council is also obliged to appoint the Treasurer, Clerk and Collector, although the Municipal Act does not specify whether Report to Council HR 03 -99 Date: December 7, 1999 Subject: Appointment of Municipal Officers Page 4 121 the appointment is made by resolution or by -law, In short, these officials of the Town must be appointed by Council. The Courts in Ontario, however, have stated that municipal officials who arc appointed by Council through by -law are owed significant rights if they are ever discharged in employment. A municipal official appointed under a by-law could only be finally dismissed if Council rescinded the by -law, and it is possible to argue that Council could only rescind the by -law after having a formal hearing (if the employee so requests), with the opportunity for the employee to provide evidence and argument as to why he or she should not be discharged. This obligation of Council to conduct a hearing would exist in a situation where a number of municipalities were being restructured, and individuals were being given different responsibilities in the new municipality. In addition, if Council decides to assign a by-law official additional duties or different responsibilities, Council may have to rescind or modify their appointment by -law. At a minimum, this would require Council to endure the inconvenience of receiving and approving a report from the Chief Administrative Officer, It is possible (if the individual opposed the change) that he /she could insist that Council have a hearing before changing the by -law. Finally, in dealing with the day -to -day management of the Town, the elimination of by -laws and resolutions of appointment will provide the Chief Administrative Officer with the ability to assign responsibilities more freely. CONCLUSION: In light of the problems that appointment by -laws could cause, it is appropriate to consider implementing a regime where Council only passed by -laws and resolution of appointment where necessary. If it is not necessary to appoint someone by by -law or resolution, Council should avoid the potential additional problems, and simply delegate the authority to confirm the employment status of these employees with the Town, to the Chief Administrative Officer. ATTACHMENTS: I. By -law to repeal appointing by -laws 2. By -law regarding Acting Chief Building Officials and Inspectors Prepared By: Approved / Endorsed By: A,&, z�A ' Bobs Gajad gh V Thdm6 J. Quinn V Divisiopaiead, Hii4an Resources Chief Administrative Officer J. Taylor n Jane Burl& Town Solicitor .j Recommended for the consideration of Pickering Town Coun c � omas 1. Quinn, ticf Aftlnlstritti c 0ffi cr 122 ATrA0#W# L10 THE CORPORATION OF THE TOWN OF PICKCRING Being a by -law to repeal by-laws to appoint various employees of the Town of Pickering WHEREAS the Council of the Corporation of the Town of Pickering has enacted b) to appoint a Director of Planning, Fire Chief, Deputy Fire Chief and Director of C and Recreation; and WHEREAS by Resolution H/194/99 passed on October 12, 1999, Council appro.__ restructuring of the administration of the municipality; and WHEREAS as a result of this restructuring, the job titles, duties and /or reporting relationships of various staff persons have changed and the by -laws to appoint these persons are no longer valid: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The following by -laws are hereby repealed: By -law Number 3468/90 (Director of Planning) By -law Number 4355/93 (Fire Chief) By -law Number 4380/94 (Deputy Fire Chief) By -law Number 4425/94 (Director of Culture & Recreation and Director of Parks and Facilities) BY -LAW read a first, second and third time and finally passed this day of 1999. Wayne Arthurs, Mayor An M-&T0 AMT## THE CORPORATION OF THE TOWN OF PICKERING BY -LAW NO. Being a by -law to amend Schedule A of By -law 4647/95 appointing the Chief Building Official, Acting Chief Building Officials and Inspectors, WHEREAS pursuant to the provisions of subsection 3(1) of the 8111/(1!119 Code &l, 1992, S.O. 1992, chapter 23, the Council of The Corporation of the Town of Pickering is responsible for the enforcement of the Act within the Town of Pickering; WHEREAS pursuant to By -law 4647/95 Council appointed a Chief Building Official and such inspectors as are necessary for the enforcement of the Act within Ihe'rown of Pickcring; WHEREAS by Resolution #194/99 passed on October 12, 1999, Council approved a restructuring of the administration within the Town of Pickering; and WHEREAS as a result of the restructuring, the job tides, duties and/or reporting relationships of various individuals have changed and the by -laws to appoint these individuals must be amended. NOW THEREFORE 'rl1E COUNCIL OF THE CORPORATION OP 'rflE 'TOWN Of PICKERING HEREBY ENACTS AS FOLLOWS: I. Schedule A of By -law 4647/95 is hereby deleted by replacing Schedule A attached hereto. BY -LAW read a first, second and third time and finally passed this 201h day of December, 1999. Wayne Arthurs, Mayor Bruce Taylor, Clerk W19wmror Item Column I Column 2 1. Chief Building Official Timothy Moore 2. Acting Chief Building Official Neil Carroll J. - c Ing Chief building Official Robert Stnrr 4. Inspector Toby I fill 56 Inspector Brian Ilolmes 6. Inspector Robert Lalondc 7. Inspector Michael Si. Jenn g. Inspector Ilrendp Yarusll 9. Inspector Taylpr Young AF