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HomeMy WebLinkAboutCS 97-05PICKERING REPORT TO THE EXECUTIVE COMMITTEE Report Number: CS 97-05 Date: December 12, 2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Appointment of Deputy Mayor Change in Rules of Procedure Process to be Followed Recommendation: That Report CS 97-05 of the Director, Corporate Services & Treasurer be received for information. Executive Summary: In consultation with the Chief Administrative Officer, and in response to a request from Councillor Dickerson, the City Clerk was requested to review the role of Deputy Mayor of a new governance structure with an associated salary in lieu of our current governance structure of Acting Mayor performed by members of Regional Council with no salary compensation. Financial Implications: If the new governance structure is approved by Council, then there would be changes to the proposed 2006 budget. The request of Councillor Dickerson was to establish remuneration based on a formula of an amount equal to the salary of a City Councillor plus 25% of the Mayor's remuneration. The affect on the Mayor/Councillors' budget for 2006 would be approximately $16.000. Background: In September 2005 the City Clerk was emailed, requesting to submit a Notice of Motion with respect to appointment of a Deputy Mayor effective immediately. Based on the email received, the City Clerk responded outlining the parameters by which the appointment of Deputy Mayor could be completed, in accordance with the public meeting and legislative requirements of the Municipal Act. The matter was left for the City Clerk and Councillor Dickerson to review further in order to clearly articulate and understand the intention of the original email presented to the City Clerk. Report CS 97-05 Appointment of Deputy Mayor December 12, 2005 Page 2 A meeting was held in early November, for the purpose of ensuring that the City Clerk was apprised of the intent of the original request by Councillor Dickerson and ensuring all legislative and statutory requirements were understood by all parties. Agreement was reached, noting that the City Clerk would proceed with a report outlining the proposed amendments to By-law 3665/91, being the City of Pickering procedural by- law, wherein the role of Acting Mayor is referenced. During the above noted meeting, the City Clerk was requested to encompass the changes to the procedural by-law with respect to the relevant particulars of the duties and responsibilities of a Deputy Mayor. All aspects of the request, and subsequent meeting were noted to be based upon the purview of the Chief Administrative Officer. Due to changes to the procedural by-law being reviewed in 2005 by the City Clerk and the senior management team at the City as part of workflow process improvements, it was the intent to present changes in a comprehensive fashion in 2006. The City Clerk, in consultation with the Chief Administrative Officer, delayed reporting on this matter until the latter part of 2005 in order to ensure one comprehensive process/update was completed in accordance with the provisions of the Municipal Act, rather than multiple public meetings and amendments to the procedural by-law, which can be confusing to the general public. During this period, the City Clerk conducted detailed research on what entails the role of the proposed Deputy Mayor position in contrast to the existing position of Acting Mayor. It was apparent that every municipality approaches this role conducive to their own needs, however, noting that most rnuniCipalities understood and clearly articulated that the role of the Deputy Mayor and or Acting Mayor was to assist the Mayor, and to act from time to time in the place and stead of the Mayor when the Mayor is absent (ie: vacation etc.) or is absent through illness, or the office of the Mayor is vacant. This is in accordance with Section 242 of the Municipal Act. At present, the City of Pickering Pro~,_.edural By-law 3665/91 notes that the role of 'Acting Mayor' is appointed to this position by by-law. Section 10 of the procedural by-law outlines the process to be followed with respect to absence of the Mayor. Appointment By-law 6211/03 was approved on December 8, 2003 wherein it clearly states the Members of Council who are to hold the term of office up to November 30, 2006. The past practice of the City, which is noted in the above noted appointment by-law is to appoint the members of Regional Council on a yearly basis for the term of Council. Effective December 1, 2005, Councillor Johnson is fulfilling the role of Acting Mayor for the remainder of this term up to November 30, 2006 and if changes are made, this by- law would have to be amended and Councillor Johnson would have to be removed from this Acting Mayor role. The role as it presently stands would no longer exist. Councillor Dickerson has requested that the role of Deputy Mayor be formally recognized, rather than the current practice of Acting Mayor, which has been outlined above. This would entail an amendment to our existing procedural by-law, and therefore, a public meeting would be required to be held in accordance with the Municipal Act. Report CS 97-05 Appointment of Deputy Mayor December 12, 2005 Page 3 In order to implement any changes to the procedural by-law, Subsection 238(4) of the Municipal Act indicates that 'a municipality and local board shall give notice of its intention to pass the by-law'. Please note that it is not the intent of the City Clerk to amend the existing by-law, but rather implement a new consolidated procedural by-law in order to reflect current Municipal Act provisions. Section 251 of the MunicipalAct requires that notice be given as follows: 'Where a municipality is required to give notice under a provision of this Act, the municipality shall, except as otherwise provided, give notice in a form and in the manner and at the times that Council considers adequate to give reasonable notice under the provision.' The City has adopted a policy by resolution which outlines the notice provisions that the City is to follow. Accordingly, if changes to this role are recommended, the City Clerk would have to be authorized to notify the public that By-law 3665/91, as amended, is scheduled to be reviewed. The manner of notice will be in the form of an advertisement placed in the local newspaper at least two weeks prior to the scheduled meeting, and posted on the City website two weeks prior to the scheduled meeting. The form of the notice shall include the following information; the purpose and effect of the proposed by- law; the date, time and location of the meeting; and the name and address of the City Clerk as the person who will receive written comments on the issue that is the subject of the meeting and the deadline for receiving such comments. Prepared By: Debi A. Bentley City Clerk Copy: Chief Administrative Officer Approved / Endorsed By: Gillis Paterson Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City ¢o--~ncil ¢~ ..'T'l~"r~a~s J.,..Q.Q.Q~inn, ~ief Adminis-~'at'i-v,~ Offi~6r