HomeMy WebLinkAboutADM 180 Delegation of Powers and Duties PolicyCITY POLICY/PROCEDURE
Approval: _
--- —
Date Originated:
December 2007
Policy Number:
Classification:
ADM
Reference:
Resolution # 231/07
Da evised:
Category:
180
Policy Title:
DELEGATION OF POWERS AND DUTIES POLICY
POLICY STATEMENT:
The Council of the Municipality, as a duly elected municipal government is directly
accountable to its constituents for its legislative decision making, policies, and
administrative functions. Council's decisions are generally expressed by by-law or
resolution of Council carried by a majority vote. The efficient management of the municipal
corporation and the need to respond to issues in a timely fashion require Council to entrust
certain powers and duties to committees and staff while concurrently maintaining
accountability, which can be effectively accomplished though the delegation of legislative
and administrative functions. Council authority will be delegated within the context set out in
the Act and will respect the applicable restrictions outlined in the Act.
POLICY OBJECTIVE:
The Municipal Act, 2001 (the Act) requires that all municipalities adopt and maintain a
policy with respect to the delegation of Council's legislative and administrative authority.
The purpose of this policy is to set out the scope of the powers and duties which Council
may delegate its legislative and administrative authority and to establish principles
governing such delegation. This policy has been developed in accordance with the Act in
order to comply with its other application sections, including section 270. This policy applies
to all committees of Council, departments and staff.
Page 1 of 4
CITY POLICY/PROCEDURE
Approval:
Date Originated:
December 2007
Policy Number:
Classification:
ADM
Reference:
Resolution # 231/07
Date Revised:
Category:
180
Policy Title:
DELEGATION OF POWERS AND DUTIES POLICY
GENERAL:
01 Definitions:
01.01 Legislative Powers — Includes all matters where council acts in a
legislative or quasi-judicial function, including enacting by-laws, setting
policies, and exercising decision making authority.
01.02 Administrative Powers — Includes all matters required for the
management of the corporation which do not involve discretionary
decision making.
02 Responsibilities:
02.01 Council to:
a) Approve the Delegation of Powers and Duties Policy.
b) Approve Amendments to the Delegation of Powers and Duties Policy.
c) Support the Delegation of Powers and Duties Policy.
02.02 Chief Administrative Officer to:
a) Support the Delegation of Powers and Duties Policy.
02.03 Department Heads to:
a) Support the Delegation of Powers and Duties Policy.
02.04 City Clerk to:
a) Support the Delegation of Powers and Duties Policy.
Page 2 of 4
CITY POLICY/PROCEDURE
Approval:
Date Originated:
December 2007
Policy Number:
Classification:
ADM
Reference:
Resolution # 231/07
Date Revised:
Category:
180
Policy Title:
DELEGATION OF POWERS AND DUTIES POLICY
b) Recommend and prepare any necessary amendments to the Policy.
c) Be responsible for collecting concerns or complaints relating to this
Policy.
03 Policy Requirements:
03.01 All delegations of Council powers, duties of functions shall be affected
by by-law.
03.02 Unless a power, duty or function of Council has been expressly
delegated by by-law, all of the powers, duties and functions of Council
remain with Council.
03.03 A delegation of a power, duty or function under any by-law to any
member of staff includes a delegation to a person who is appointed by
the Chief Administrative Officer or selected from time to time by the
delegate to act in the capacity of the delegate in the delegate's
absence.
03.04 Subject to section 3, a person to whom a power, duty or function has
been delegated by by-law has no authority to further delegate to
another person any power, duty or function that has been delegated,
unless such sub -delegation is expressly permitted.
03.05 Legislative matters may be delegated by Council where they are minor
in nature or where Council has explicitly provided for the terms and
conditions under which the powers shall be exercised, and must take
into account the limitations set out in the Act.
03.06 Administrative matters may be generally delegated to staff subject to
the conditions set out in the delegation and in this policy, and must take
into account the limitations set out in the Act.
Page 3 of 4
CITY POLICY/PROCEDURE
Approval:
Date Originated:
December 2007
Policy Number:
Classification:
ADM
Reference:
Resolution # 231/07
Date Revised:
Category:
180
Policy Title:
DELEGATION OF POWERS AND DUTIES POLICY
03.07 In exercising any delegated power, the delegate shall ensure the
following;
a) Any expenditure related to the matter shall have been provided for
in the current year's budget (or authorized by the purchasing by-law
and financial control policies).
b) The scope of the delegated authority shall not be exceeded by the
delegate.
c) Where required by the specific delegated authority, reports shall be
submitted to Council advising of the exercise of a delegated power
and confirming compliance with the delegated authority and this
policy.
d) All policies regarding insurance and risk management shall be
complied with.
e) Delegates shall ensure the consistent and equitable application of
council policies and guidelines.
0 Any undertaking or contract with a third party shall be subject to the
approval of legal services.
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