DocumentsStaff ReportJun 17, 2024Pages 129–138
Appointment of Municipal Officers and Amendment to Bylaw No. 1880
Report to appoint municipal officers and propose an amendment to Officers Bylaw No. 1880 (details and proposed bylaw amendments included).
Key facts
- Agenda item 9.3
- Bylaw referenced: City of Langford Officers Bylaw No. 1880
- Pages: 129–138
Appointment of Municipal Officers and Amendment to Bylaw No. 1880, 2021
DATE: Monday, June 17, 2024
DEPARTMENT: Administration
SUBJECT: Appointment of Municipal Officers and Amendment to Bylaw No. 1880, 2021.
Executive Summary
As per the Community Charter, municipalities are required, by bylaw, to appoint a Corporate Officer and a Financial Officer. Most municipalities choose to also appoint a Chief Administrative Officer as well as Directors in the same bylaw.
The City uses Bylaw No. 1880, 2021 to capture its appointments. With staffing title and role changes as a result of the recent organizational review, the current bylaw is out of date. Staff are proposing an amendment to update it accordingly.
Council may also appoint Approving Officers, Deputy Approving Officers, and Deputy Corporate Officers by resolution. The organizational review has prompted the promotion of an existing staff member, as well as the creation of a Manager of Legislative Services position. Both of these positions are considered officers and require a resolution of Council.
Background
Council utilizes Division 5 of the Community Charter titled “Officers and Employees” to appoint City staff members to officer positions and assigns them powers, duties, and functions to carry out City business.
The Community Charter Section 148 requires each municipality to appoint a Corporate Officer to oversee the following duties and functions:
- Ensuring that accurate minutes of the meetings of Council and Council committees are prepared;
- Ensuring that the minutes, bylaws and other records of the business of Council and Council committees are maintained and kept safe;
- Ensuring that access is provided to records of Council and Council committees;
- Administering oaths and taking affirmations, affidavits and declarations;
- Certifying copies of bylaws and other documents;
- Accepting, on behalf of the Council or municipality, notices and documents that are required or permitted to be given to, served on, filed with or otherwise provided to Council or the municipality; and
- Keeping the corporate seal, if any, and having it affixed to documents as required (Langford does not use a corporate seal).
As per the City’s bylaw, one person may be appointed to more than one officer position within the City. For example, Marie Watmough is the Corporate Officer and the Director of Legislative and Protective Services.
The City has established, by Council resolution, Deputy Corporate Officers who can act in the Corporate Officer capacity in the event that Ms. Watmough is unavailable. Employees named here are also staff signing authorities for Council-approved documents such as contracts. Currently, the following positions are listed as Deputy Corporate Officers:
- Chief Administrative Officer, Darren Kiedyk
- Deputy Chief Administrative Officer, Braden Hutchins
- Executive Assistant, Julie Coneybeer
Commentary
Deputy Corporate Officer Appointment (by Council resolution)
The City recently hired Melisa Miles to fill the role of Manager of Legislative Services. Staff recommend that Council also add this new position to the list of Deputy Corporate Officers.
Proposed amendment to City of Langford Officers Bylaw No. 1880, 2021
Currently, Section 4 of Bylaw No. 1880: Officer Positions reads as follows:
The following officer positions are established, pursuant to section 146 of the Community Charter [officer positions]:
a) Chief Administrative Officer (CAO), pursuant to section 147 of the Community Charter [chief administrative officer];
b) Corporate Officer, pursuant to section 148 of the Community Charter [corporate officer];
c) Financial Officer, pursuant to section 149 of the Community Charter [financial officer];
d) Director of Corporate Services;
e) Director of Engineering;
f) Director of Finance;
g) Director of Planning; and
h) Fire Chief.
Staff are proposing the following amendment to Section 4: Officer Positions through Bylaw No. 2114:
The following officer positions are established, pursuant to section 146 of the Community Charter [officer positions]:
a) Chief Administrative Officer (CAO), pursuant to section 147 of the Community Charter [chief administrative officer];
b) Deputy Chief Administrative Officer (CAO), pursuant to section 147 of the Community Charter [chief administrative officer];
c) Corporate Officer and appointed Deputy Corporate Officers, pursuant to section 148 of the Community Charter [corporate officer];
d) Financial Officer, pursuant to section 149 of the Community Charter [financial officer];
e) Director of Legislative and Protective Services;
f) Director of Engineering and Public Works;
g) Director of Finance;
h) Director of Parks, Recreation and Facilities;
i) Director of Development Services;
j) Director of Community Planning and Climate Change; and
k) Fire Chief.
Approving Officer Appointment (by Council resolution)
Section 77 of the Land Title Act requires that the municipal council appoint a person as an approving officer. As a result of the organizational review conducted this year, Leah Stohmann, the appointed approving officer is no longer the correct person to hold that position. Under the Land Title Act, an approving officer must the one of the municipal engineer, the chief planning officer, some other employee of the municipality appointed by the municipal council, or a person who is under contract with the municipality. Staff are recommending that Robert Dykstra, Senior Planner and Deputy Approving Offer be designated as the Approving Officer for the City. Further, staff are recommending that Mathew Baldwin, Director of Development Services, be appointed as Deputy Approving Officer. Having three deputies ensures that no deputy will be in a position where they are approving their own work as even if two people are away there will be an additional approving officer available.
License Inspector and Deputy Licence Inspector Appointments (by Council resolution)
Under the Business Licence and Business Regulation Bylaw No. 216, 1997, the Council may, by resolution, appoint Licence Inspectors and one or more Deputy Licence Inspectors. Staff are proposing that the Director of Development Services and the Manager of Community Safety and Municipal Enforcement be designated as the Licence Inspector and Deputy Licence Inspector respectively. This must be approved by a resolution from Council pursuant to Bylaw No. 216.
The responsibilities of the Licence Inspector and their deputy(ies) is to administer and enforce the provisions of the Business Regulation Bylaw No. 216, 1997, including issuing and suspending business licences.
Financial Implications
There are no financial implications associated with this report.
Legal Implications
These proposed updates to Bylaw No. 1880 are not for required positions as per the Community Charter but are important to the day-to-day business of the municipality.
Pursuant to Section 77)1 of the Land Title Act, a municipal Council must appoint a person as an Approving Officer.
Pursuant to Bylaw 216, Council may appoint a person or persons as a Licence Inspector and Deputy Licence Inspector(s).
Strategic Plan Initiatives
Section 5 – Good Governance
Options
Regarding the appointment of Melisa Miles, Manager of Legislative Services as Deputy Corporate Officer:
OPTION 1
THAT Council appoint Melisa Miles, Manager of Legislative Services as Deputy Corporate Officer.
OPTION 2
THAT Council not appoint Melisa Miles, Manager of Legislative Services as Deputy Corporate Officer.
Regarding City of Langford Officers Bylaw No. 1880, Amendment 1, Bylaw No. 2114, 2024:
OPTION 1
THAT Council consider giving first, second, and third reading to City of Langford Officers Bylaw No. 1880, Amendment 1, Bylaw No. 2114, 2024 as presented.
OPTION 2
THAT Council take no action regarding City of Langford Officers Bylaw No. 1880, Amendment 1, Bylaw No. 2114, 2024 at this time.
Regarding the appointment of Robert Dykstra from Deputy Approving Officer to Approving Officer:
OPTION 1
THAT Council appoint Robert Dykstra, Senior Planner and Deputy Approving Officer be appointed as the Approving Officer for the City of Langford.
OPTION 2
THAT Council take no action regarding the Approving Officer status of Robert Dykstra, Senior Planner and Deputy Approving Officer at this time.
Regarding the appointment of Matthew Baldwin as Deputy Approving Officer:
OPTION 1
THAT Council appoint Matthew Baldwin as a Deputy Approving Officer for the City of Langford.
OPTION 2
THAT Council take no action regarding the Deputy Approving Officer status of Matthew Baldwin at this time.
Regarding the appointments of the Licence Inspector and Deputy Licence Inspector:
OPTION 1
THAT Council appoint the Director of Development Services as the Licence Inspector and the Manager of Community Safety and Municipal Enforcement as the Deputy Licence Inspector for the City of Langford.
OPTION 2
THAT Council take no action regarding the appointments of Licence Inspector and Deputy Licence Inspector.
Submitted By
Marie Watmough, Director of Legislative and Protective Services
Concurrence:
Donna Petrie, Senior Manager of Communications & Economic Development
Yari Nielsen, Director of Parks, Recreation and Facilities
Matthew Baldwin, RPP, MCIP, Director of Development Services
Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change
Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Michael Dillabaugh, CPA, CA, Director of Finance
Braden Hutchins, Deputy Chief Administrative Officer
Darren Kiedyk, Chief Administrative Officer
Attachments:
- Attachment 1: Bylaw No. 2114
- Attachment 2: Redline Copy of City of Langford Officers Bylaw No. 1880.
CITY OF LANGFORD — BYLAW NO. 2114
A BYLAW TO AMEND BYLAW NO. 1880 “City of Langford Officers Bylaw No. 1880, 2021”
The Council of the City of Langford, in open meeting assembled, hereby enacts as follows:
A. City of Langford Officers Bylaw No. 1880, 2021 is amended as follows:
- By replacing Section 4 with the following:
The following officer positions are established, pursuant to section 146 of the Community Charter [officer positions]:
a) Chief Administrative Officer (CAO), pursuant to section 147 of the Community Charter [chief administrative officer];
b) Deputy Chief Administrative Officer (CAO), pursuant to section 147 of the Community Charter [chief administrative officer];
c) Corporate Officer and appointed Deputy Corporate Officers, pursuant to section 148 of the Community Charter [corporate officer];
d) Financial Officer, pursuant to section 149 of the Community Charter [financial officer];
e) Director of Legislative and Protective Services;
f) Director of Engineering and Public Works;
g) Director of Finance;
h) Director of Parks, Recreation and Facilities;
i) Director of Development Services;
j) Director of Community Planning and Climate Change; and
k) Fire Chief.
B. This Bylaw may be cited for all purposes as “City of Langford Officers Bylaw No. 1880, 2021, Amendment No. 1, Bylaw No. 2114, 2024".
READ A FIRST TIME this day of , 2024.
READ A SECOND TIME this day of , 2024.
READ A THIRD TIME this day of , 2024.
ADOPTED this day of , 2024.
PRESIDING COUNCIL MEMBER
CORPORATE OFFICER
Officers Bylaw No. 1880, 2021
City of Langford
BYLAW NO. 1880, 2021
A Bylaw to establish officer positions and delegate certain authorities of Council.
The Council of the City of Langford, in open meeting assembled, enacts as follows:
Citation
- This Bylaw may be cited as “City of Langford Officers Bylaw No. 1880, 2021”.
Definitions
In this Bylaw:
CITY means the City of Langford.
COUNCIL means the Council of the City of Langford.Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated, or replaced from time to time.
Officer Positions
- The following officer positions are established, pursuant to section 146 of the Community Charter [officer positions]:
- a) Chief Administrative Officer (CAO), pursuant to section 147 of the Community Charter [chief administrative officer];
- b) Deputy Chief Administrative Officer (CAO), pursuant to section 147 of the Community Charter [chief administrative officer];
- c) Corporate Officer and appointed Deputy Corporate Officers, pursuant to section 148 of the Community Charter [corporate officer];
- d) Financial Officer, pursuant to section 149 of the Community Charter [financial officer];
- e) Director of Legislative and Protective Services;
- f) Director of Engineering and Public Works;
- g) Director of Finance;
- h) Director of Development Services
- i) Director of Community Planning and Climate Change; and
- j) Fire Chief.
The duties and responsibilities of the CAO, Corporate Officer and Financial Officer are: a) As specified in the applicable sections of the Community Charter, s. 147-149;
b) As specified in any other applicable legislation; and
c) As specified in their respective job descriptions.The terms of employment as officer are as established in their employment contract, or if not therein specified, as established in the current City Employee Bylaw.
The duties and responsibilities of the Director positions and Fire Chief position established in section 4 of this Bylaw are as specified in their respective job descriptions.
The CAO may appoint one or more deputies to each position established in section 4 of this Bylaw.
One person may be appointed to more than one officer position with the City.
The CAO will select the Acting CAO, except that Council will select the Acting CAO in the event of incapacitation of the CAO, or vacancy of the position.
Financial Disclosure Act
- For the purposes of the Financial Disclosure Act, the following positions are municipal employees and must make a written disclosure pursuant to that Act:
- a) All of the officer positions established in section 4 of this Bylaw;
- b) All appointed deputies to the officer positions established in section 4 of this Bylaw;
- c) All Approving Officers and Deputy Approving Officers appointed under the Land Title Act; and
- d) Deputy Fire Chief.
Delegated Authority
Except as otherwise provided herein, the Mayor or Acting Mayor and the CAO, Corporate Officer or Deputy Corporate Officer are authorized to execute or discharge documents, contracts, and agreements.
The CAO is authorized to approve, enter into, and execute any contracts, agreements, transactions, and covenants required for the effective operation of the City, provided that: a) Any expenditures are made in accordance with the Purchasing Policy;
b) The action is consistent with City bylaws and policies, including any purchasing or procurement policies; and
c) The action is consistent with any other applicable legislation.Purchases and other procurement approved by Council through the annual Financial Plan Bylaw is delegated to the CAO and employees in a management position; and must be executed according to the applicable purchasing or procurement policy.
The CAO and Director of Corporate Services are authorized to approve and enter into employment agreements on behalf of the City.
The CAO is authorized to approve grant applications and agreements, for the granting of funds to Langford from external agencies: a) To a maximum of $100 000; and
b) If the grant funding will support City operations and/or priorities.The Corporate Officer is authorized to consolidate bylaws pursuant to section 139 of the Community Charter [consolidation of bylaws].
Exercise of Delegated Authority
If Council or the CAO changes the title of a position, the authority delegated in this Bylaw may continue to be exercised by the applicable delegate.
Where this Bylaw delegates a power, duty or function to a named position, the delegation is to the person who holds the position, the equivalent of that position, and to any person who is from time to time the deputy of that person.
A delegate has no authority to further delegate the authority granted under this Bylaw except as authorized in section 19 of this Bylaw.
Unless provided for by Bylaw or other legislation, delegate decisions cannot be reconsidered.
A delegate may choose not to exercise their delegated authority for any reason, and the matter will be considered by Council.
Suspension and Termination
The CAO is authorized to suspend a municipal officer, and any such suspensions must be reported to Council at its next meeting for consideration and direction.
Any suspension and/or termination of a statutory officer will be in accordance with sections 151 [suspension of officers and employees] and 152 of the Community Charter [termination of officers].
Severability
- If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the Bylaw is deemed valid.
Repeal
- The “Langford Officers Bylaw No. 42, 1994”, as amended, is hereby repealed.
READ A FIRST TIME THIS 10TH DAY OF MAY, 2021
READ A SECOND TIME THIS 10TH DAY OF MAY, 2021
READ A THIRD TIME THIS 10TH DAY OF MAY, 2021.
ADOPTED THIS 21ST DAY OF JUNE, 2021.
Presiding Council Member
Corporate Officer
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