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Village of Warburg
Bylaw #160/18
A BYLAW OF THE VILLAGE OF WARBURG, IN THE
PROVINCE OF ALBERTA, FOR THE PURPOSE OF
AUTHORIZING THE ESTABLISHMENT OF A BYLAW
ENFORCEMENT OFFICER, TO SPECIFY THE DUTIES OF A
BYLAW ENFORCEMENT OFFICER AND TO ESTABLISH A
DISCIPLINARY PROCEDURE AND PROCESS FOR MISUSE
OF POWER.
WHEREAS, under the Authority of the Municipal Government Act,
S.A. 1994 c.M--26.1 as amended, Council may, by Bylaw,
authorize an Enforcement Officer to enforce the Bylaws
established by Council of the Village of Warburg;
AND WHEREAS, Section 556 of the Municipal Government Act,
R.S.A. 1994, Chapter M--26, as amended required a municipality
to adopt a bylaw which specifies the powers and duties of Bylaw
Enforcement Officers and to establish disciplinary procedures for
misuse of power, including penalties and an appeal process
applicable to misuse of power by Bylaw Enforcement Officers;
THEREFORE, the Municipal Council of the Village of Warburg,
duly assembled, enacts as follows:
1.
This Bylaw be cited as the "Bylaw Enforcement Officer"
Bylaw.
2.
Definitions:
Bylaw -- shall mean the Bylaws of the Village of Warburg;
Bylaw Enforcement Officer -- shall mean a person,
Company, or Another Municipality as appointed by
Council; or the Municipal Administrator; when there is no
other appointed;
Municipal Administrator ---- shall mean the Municipal
Administrator of the Village of Warburg;
Council -- shall mean the Council of the Village of
Warburg;
Municipality -- shall mean the Village of Warburg.
3.
Office of Bylaw Enforcement Officer
The Municipal Office of Bylaw Enforcement Officer is
hereby created.
4.
The Powers and Duties of a Bylaw Enforcement
Officer
The powers and duties of a Bylaw Enforcement Officer
are as follows:
a)
To enforce the Bylaws which Council has
authorized the Bylaw Enforcement Officer to
enforce within the boundaries of the municipality;
b)
To follow the directions of the Municipal
Administrator as required;
c)
To respond to and investigate complaints;
d)
To conduct routine patrols of the municipality for
the purpose of preventing and detecting violations;
e)
To perform all other duties as may from time to
time be assigned by the Municipal Administrator;
5.1
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
Village of Warburg
Bylaw 160/18
Page 2
t)
To prepare all necessary documentation required
for attendance at court proceedings;
g)
To take the official oath prescribed by the Oaths of
Office Act upon being appointed as a Bylaw
Enforcement Officer and to carry upon his/her
person at all times as he/she is acting as a Bylaw
Enforcement Officer, evidence in writing of his/her
appointment as
Bylaw Enforcement Officer for
the municipality;
h)
To preserve and maintain public peace.
Appointment of Bylaw Enforcement Officers
The Council of the Village of Warburg may from time to
time and by resolution of Council appoint, designate or
engage one (1) or more persons as Bylaw Enforcement
Officer for the Village of Warburg.
Misuse of Power
When the Municipal Administrator receives a written
allegation claiming that a Bylaw Enforcement Officer has
misused their power the Municipal Administrator shall
determine if an investigation is required.
If the Municipal Administrator determines that an
investigation into a writien allegation of misuse of power is
required, a Review Committee shall undertake the
investigation within 30 days of receiving the written
allegation.
The Review Committee membership shall be composed of
the following:
a)
the Municipal Administrator
b)
two members of Council.
The investigation procedure shall ensure that:
a) The Bylaw Enforcement Officer is advised of the
allegation and of the investigation;
b) The Bylaw Enforcement Officer has the opportunity to
respond to the allegation;
c)
Such other parties, as the Municipal Administrator
considers to be affected, has the opportunity to
respond to the allegation.
The Review Committee shall meet to review all evidence
and determine whether or not there was a misuse of
power by the Bylaw Enforcement Officer.
The Review Committee shall render a written decision,
with reasons within 14 days of meeting to review the
evidence.
If the Review Committee determines that a Bylaw
Enforcement Officer has misused their power a Bylaw
Enforcement Officer, disciplinary procedures shall be
implemented in accordance with the Village Personnel
Policy.
The Municipal Administrator shall maintain a record of the
investigation procedures and decision of the Review
Committee.
SEAL
Village of Warburg
Bylaw 160/18
Page 3
6.9
The Municipal Administrator shall advise the Bylaw
Enforcement Officer of the results of the investigation in
writing.
6.10
If the Municipal Administrator deems it necessary, other
parties involved in the investigation may be advised, in
writing, of the Review Committee's decision.
7.
Appeal
7.1
Within 14 days of receipt of the Review Committee's
written decision, a Bylaw Enforcement Officer may appeal
the decision to the Mayor.
7.2
In considering the appeal, the Mayor shall review the
following:
a)
Record of the allegation of misuse of power;
b)
Record of the investigation procedure and results;
c)
Submission of the Bylaw Enforcement Officer and
other parties involved, and
d) Any other information the Mayor deems important to
the appeal.
7.3
The Mayor may confirm, revoke or vary the decision of the
Review Committee. The Mayor's decision shall be in
writing and provided to the Municipal Administrator and
the bylaw Enforcement Officer. Other parties involved in
the investigation may be provided with the appeal decision
of the Mayor deems it necessary.
7.4
All documents relating to the allegation, Review
Committee, Review Committee decision, appeal, appeal
decision and any resulting disciplinary action shall be filed
with the Municipal Administrator.
8.
Enactment
This Bylaw replaces Bylaw #63/03 and all other Bylaws to
this effect and shall come into force and effect when it
receives Third Reading and is duly signed.
Read a first time
10
day of
December
, A.D. 2018.
Read a second time this
10
day of
December
,A.D. 2018.
Read a third time with the unanimous consent of the Council
Members present and finally passed this 10
day of December,
A.D. 2018.
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I\ljafor
evin Maine
Bb ki
Christine Pankewe
Municipal Administrator