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TOWN OF DRUMHELLER
BYLAW NUMBER 21.21
REPEALS 12.98
A BYLAW TO ESTABLISH AND DEFINE THE DUTIES AND POWERS OF THE CHIEF
ADMINISTRATIVE OFFICER.
WHEREAS the Municipal Government Act, Statutes of Alberta 2000 Chapter M-26 s. 205, requires
that every Council must establish, by bylaw, the position of Chief Administrative Officer;
AND WHEREAS Pursuant to the provisions of Section 205 of the Act, Council hereby establishes
the position of Chief Administrative Officer,
AND WHEREAS Council shall, by resolution, appoint a person to carry out the powers, duties and
functions of the position of Chief Administrative Officer
NOW THEREFORE the Council of the Town of Drumheller, duly assembled, hereby enacts as
follows:
1. SHORT TITLE
This Bylaw may be known as the "CAO Bylaw".
2. DEFINITIONS
In this Bylaw, unless the context otherwise requires:
a)
"Administration" means the general operations of the Town, including all
personnel, financial and other related resources and matters as permitted by
the Municipal Government Act (MGA) and any successor legislation;
b)
"Chief Administrative Officer (CAO)" means the person appointed to the position
of chief administrative officer for the Town of Drumheller, by Council within the
meaning of the MGA;
c)
"Council" means the municipal council of the Town of Drumheller, means the
Mayor and Councillors duly elected pursuant to the provisions of the Local
Authorities Election Act;
d)
"Deputy Mayor" means the person acting in the absence of the Mayor for the
Town of Drumheller, within the meaning of the MGA;
e)
"Mayor" means the person elected to the position of Chief Elected Official for
the Town of Drumheller, within the meaning of the MGA;
f)
"Municipal Government Act ( MGA)" means the Municipal Government Act,
R. S.A. 2000, Chapter M- 26, any regulations thereunder, and any amendments
or successor legislation thereto;
Town of Drumheller
Bylaw 21.21
Page 2 of 7
g)
"Policy" means policies that are approved by Council, provide strategic direction
on programs and services delivered by the Town, primarily impact and address
the residents of the Town, and provide an official position on plans to govern the
Town.
h)
"Town" means the municipal corporation of the Town of Drumheller.
3. OFFICE
3. 1. The position of Chief Administrative Officer is hereby created and the person
appointed to that position shall have the title " CAO":
3. 2. Council will appoint an individual to the position of Chief Administrative
Officer.
3. 3. Council will establish the terms and conditions of the appointment of the CAO
including the salary, vacation entitlements and benefits to be paid or
provided to the CAO and are to be reviewed annually. The CAO shall be
entitled to participate in employee benefit plans which all other employees
are entitled to participate in at the same set rate.
3. 4. Council as a whole must provide the CAO with an annual written
performance evaluation of the results the CAO has achieved with respect to
fulfilling the CAO' s responsibilities.
4. ACCOUNTABILITY
4. 1. The CAO is accountable to Council for the exercise of all powers, duties and
functions assigned to the CAO under the MGA, this Bylaw, any other
enactment, or delegated to the CAO by Council.
4. 2. The CAO, as provided for in the MGA, is authorized to delegate (and to
authorize further delegations of) any powers, duties and functions assigned
to the CAO by Council under the MGA and under this or any other bylaw to
an employee of the Town.
4. 3. The CAO is the principal administrative link between the Administration and
Council. Under the MGA, the CAO:
a) is the administrative head of the Town;
b) ensures that the policies and programs of the Town are implemented;
c)
advises and informs Council on the operation and affairs of the Town;
d)
performs the duties and functions and exercises the powers assigned to
a CAO under the MGA and other enactments or assigned or delegated
by Council; and
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Bylaw 21.21
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e)
has all the powers, duties, and functions given to a designated officer
under the MGA or any other statute or enactment.
4.4.
Members of the Administration are accountable to the CAO. The CAO shall
be the contact between the Administration of the Town and Council and
communication from the Administration to Council shall flow through the
CAO.
5. GENERAL POWERS AND DUTIES
5. 1. The CAO is authorized to:
a)
appoint an Acting CAO to act during absences of up to 4 weeks of the
CAO;
b)
coordinate, direct, supervise and review the performance of the
Administration;
c)
establish the structure of the Administration;
d)
attend all meetings of Council and meetings of such Boards, Authorities
and other bodies as are required by Council;
e)
conduct, audits, investigations and studies of the Administration, as the
CAO deems necessary;
f)
hire, appoint, transfer or promote any Town employee;
g)
evaluate, discipline, suspend, demote, or remove any Town employee;
h)
determine salaries, benefits, hours of work and other working conditions;
i)
provide corporate leadership in ensuring that all Town policies and
programs are efficiently coordinated, are delivered in a responsive and
effective manner, and reflect the overall strategic priorities of the Town as
defined by Council;
j)
prepare and submit to Council such reports and recommendation as may
be required by Council; and
k)
respond to inquiries and requests for information on behalf of the Town,
including stating the Town's position, subject to any Council approved
policy, procedure, standard or guideline, or as otherwise directed by
Council.
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Bylaw 21.21
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6. FINANCIAL POWERS AND FUNCTIONS
6. 1. The CAO has the authority to:
a)
prepare and submit operating and capital budgets as directed by Council;
b)
pay any amounts which the Town is legally required to pay pursuant to
an Order or Judgement of a Court, board or other tribunal or competent
jurisdiction, relating to an action, claim or demand against the Town;
c)
monitor and control expenditures within the budgets approved by Council
for the Administration and authorize budget adjustments or adjustments
for programs within a division or department as long as the amount budgeted for that
division does not change, and in particular report on variances on any of
these adjustments over $ 10,000 on a quarterly basis to Council;
d)
designate the financial institution(s) to be used by the Town and shall
open and close accounts that hold the Town' s money;
e)
invest funds on behalf of the Town in accordance with the provisions of
the MGA;
f)
to add amounts to the tax roll of a parcel of land under the MGA;
g)
except as otherwise instructed by Council, and without limitation, instruct
legal counsel to provide legal services to the Town and Council and
retain, instruct and pay for the services of legal counsel.
7. CONTRACTS AND AGREEMENTS
7. 1. The CAO is authorized to:
a)
approve and enter into all contracts and agreements, as directed and
sanctioned by Council, involving:
i)
the sale of Town owned land at a sale price which is not less than
90% of the fair market value;
ii)
the purchase of land, for a purchase price which is not greater than 5%
above the appraised market value;
b)
enter into all agreements and contracts incidental to the development
and subdivision of land within the Town pursuant to the MGA and
complete all documents required for or incidental to such development or
subdivision;
c)
extend the time for endorsement of subdivision plans and for the
registration of the subdivision plans in accordance with the MGA;
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Bylaw 21.21
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d)
negotiate and settle all actions, claims, or demands against or by the
Town and complete all related documentation;
e)
enter into all agreements or contracts for leases of land at fair market
value;
f)
enter into all provincial and federal grant funding agreements;
g)
enter into all agreements and contracts and issue all documents
incidental to the authority granted to a municipality under the MGA;
h)
approve and enter into all documents, consents, approvals,
acknowledgements and certificates required for or incidental to any
agreement, contract, settlement, tender or investment.
i)
sign:
i)
along with the person presiding at the meeting, all minutes of Council
meetings;
ii)
along with the Mayor, all bylaws, and
iii)
along with the Mayor or Councillor, agreements and cheques and
other negotiable instruments;
iv)
along with the Mayor or Councillor, one payroll cheque to cover the
payroll account;
v)
acting alone all orders, contracts, agreements, documents and
certificates that may be required pursuant to any agreement,
contract, bylaw or enactment; and
j)
The CAO's signature and the signatures of any other Town employees to
whom Council or the CAO delegates signing authority may be printed,
lithographed or otherwise reproduced.
8. OTHER POWERS AND DUTIES
8. 1. The CAO:
a)
is appointed as Returning Officer for the purposes of the Local
Authorities Election Act;
b)
is the Head of the Town for the purposes of the Freedom of Information
and Protection of Privacy Act and shall act as FOIP Coordinator
responsible for the overall management of access to information and
protection of privacy functions and responsibilities;
c)
is the liaison between the Town and the Commanding Officer of the
RCMP detachment serving the Town;
d)
is the Director of Emergency Management for the Town
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Bylaw 21.21
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8. 2. The CAO is authorized to:
a)
accept services of all notices and other documents on behalf of the
Town;
b)
provide any and all certificates or statutory declarations on behalf of the
Town;
c)
temporarily close, in whole or in part, any road at any time where an
activity on or adjacent to the road may cause a
hazard;
d)
prepare and issue distress warrants and seize and sell goods pursuant to distress
warrants on behalf of the Town for the recovery of tax arrears;
e)
carry out inspections, remedies, enforcement or other actions pursuant to
the MGA, any other enactment, or any bylaw where the MGA or any
other enactment or bylaw authorizes or requires anything to be
inspected, remedied, enforced or done by the Town;
f)
make determinations and issue orders pursuant to the MGA or any other
statute, enactment or bylaw which the Town is authorized to enforce;
g)
ensure administrative representation is provided to all Town Council's Boards and
Committees;
h)
revise bylaws under the MGA including correction of clerical, grammatical
and typographical errors and altering of the citation and title of a bylaw
and the numbering and arrangement of its provisions, and to add,
change or delete a note, heading, or title.
i)
consolidate bylaws, including the preparation of administrative
consolidations; and
j)
ensure the sufficiency of any petition that may be submitted to the Town
in accordance with the requirements of the MGA.
9. SEVERABILITY
9.1
It is the intention of Council that each separate provision of this Bylaw shall be
deemed independent of all other provisions herein and it is the further intention of
Council that if any provision of this Bylaw is declared invalid, all other provisions
hereof shall remain valid and enforceable.
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Bylaw 21.21
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9.2
Conflict
In the event that the provisions of this Bylaw conflict with any other bylaw, this Bylaw shall
govern.
10. TRANSITIONAL
10.1
This Bylaw shall take effect on the day of the third and final reading .
10.2
Upon third reading of this Bylaw, Bylaw 12-98 and all amendments are repealed.
READ A FIRST TIME THIS 20th DAY OF SEPTEMBER, 2021
READ A SECOND TIME THIS 20th DAY OF SEPTEMBER, 2021
READ A THIRD TIME AND PASSED THIS 4th DAY OF OCTOBER, 2021
The original document, duly signed and executed, is retained on file.