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Bylaws   Item #:
Committee of the Whole Meeting Agenda
City Manager's Bylaw Update - Pungur-Buick
Strategic Vision Element:
This topic relates to all three of the City’s strategic vision elements contained in Council’s Strategic Plan
Request for Decision Summary
The purpose of the report is to bring forward to Council's Committee of the Whole the proposed updates to City Manager's Bylaw C-539-04 for presentation, discussion and input.
That Administration take the feedback provided by the Committee of the Whole and incorporate it into the bylaw being prepared to replace the City Manager's Bylaw C-539-04; and that a new City Manager's Bylaw be brought to Council for decision on June 10, 2019.
Administration has worked with the outgoing City Manager prior to his retirement on May 3, 2019, to prepare amendments to the City Manager's Bylaw C-539-04. The Bylaw was last updated 15 years ago. With Council actively searching for a new City Manager, it is timely to review the Bylaw and to make amendments to the City Manager's Bylaw. The City Manager's Bylaw would support the incoming City Manager as well as provide a tool for Council to set public expectations as well as clarify the City Manager's authority.
A bylaw is a law binding on the persons to whom it applies. The function of the City Manager's Bylaw is to prescribe duties and set boundaries generally not otherwise specified in legislation for the position of the City Manager. The Bylaw also sets boundaries for Council. The Municipal Government Act Section 203(1) states: "A council may by bylaw delegate any of its powers, duties or functions under this or any other enactment or a bylaw to a council committee, the chief administrative officer or a designated officer, unless this or any other enactment or bylaw provides otherwise." Further, MGA states in Section 201(2) "A council must not exercise a power or function or perform a duty that is by this or another enactment or bylaw specifically assigned to the chief administrative officer or a designated officer." While Council may delegate and prescribe duties in other bylaws as well, Council policies and by resolution, the intent of the City Manager's Bylaw is to capture the general duties of the position in one place.
Recommended changes to the City Manager's Bylaw are detailed in the attachments. The following is a summary of the scope of changes:
Inclusion of a Code of Conduct for the City Manager. This fills a gap in the framework of the City's codes of conduct.
Inclusion for regular reporting requirements. This reflects current Council expectations as well as practice.
Inclusion of two powers from the Financial Administration Bylaw C-779-11 relating to selection of financial institutions and investments. Administration is currently reviewing all financial policies as well as the bylaw, and these two powers better fit in the City Manager's Bylaw.
Increasing the limit for claims and settlements from $50,000 to $100,000.
Inclusion of the authority to manage and spend funds up to $500,000 in case of unplanned events outside the parameters of the Emergency Management Bylaw C-957-16.
Updates to reflect current practices.
Alignment with updated bylaw template and wording conventions.
Alignment with the Municipal Government Act.
Wording changes for clarity/comprehension and intent.
Due to the extensive edits, the City Clerk recommends the Bylaw be repealed and replaced with a new City Manager's Bylaw C-1075-19.
The intent of the discussions with Committee is to obtain input and determine options and alternatives to the changes being proposed.
Committee may choose to leave the City Manager's Bylaw C-539-04 as is and not make any amendments. Should Committee not wish to make any changes, the following motion would be required:
That the proposed changes to the City Manager's Bylaw C-539-04 be received as information.
Committee may choose to direct Administration to update the bylaw based on Committee input and delay enacting the bylaw until the new City Manager has had a chance to review the draft and discuss any proposed changes with Council. This would result in a second draft being brought to Council for a decision at a later date. The recommended motion in this case would be:
That Administration take the feedback provided by the Committee of the Whole and incorporate it into the bylaw being prepared to replace the City Manager's Bylaw C-539-04; and that the new City Manager be provided the opportunity to provide input and a new draft be brought to Council by Quarter four of 2019.
The changes to the City Manager's Bylaw have been internally reviewed by the City Clerk, Executive Leadership Team and a draft was also reviewed by external legal counsel. Research was also done to look at similar documents from other municipalities and also the private sector. The Code of Conduct was compared to the Council Code of Conduct Bylaw C-1043-18 and to the draft Employee Code of Conduct Administrative Policy.
The plan is to bring forward a new City Manager's Bylaw for adoption by Council on June 10, 2019.
It is recommended that Council share the updated Bylaw with the new City Manager or with candidates as part of the selection process.
The City Manager's Bylaw will provide clarity for the City Manager and Council, enhance the City Manager's decision making, specify expected duties, and provide a Code of Conduct to which Council can hold the incumbent City Manager to account.