Bylaws    Item #   9. a.            
Regular Council Meeting Agenda
Meeting Date: 06/10/2019  
Title: C-1075-19 - All Three Readings - City Manager's Bylaw - Pungur-Buick
Department: Corporate Services
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 seek Council's approval of City Manager's Bylaw C-1075-19 which will replace City Manager’s Bylaw C-539-04.

Proposed Motion
That first reading be given to Bylaw C-1075-19, City Manager's Bylaw.

That second reading be given to Bylaw C-1075-19, City Manager's Bylaw.

That unanimous consent be given to consider third reading of Bylaw C-1075-19, City Manager's Bylaw.

That third reading by given to Bylaw C-1075-19, City Manager’s Bylaw.

Administration brought forward recommended changes to the City Manager’s Bylaw to Council’s Committee of the Whole (COW) on May 21, 2019. The changes were prompted by the retirement of the previous City Manager, the need to update the bylaw to reflect existing practices, to add a Code of Conduct for the City Manager, and to make some technical changes. At the COW meeting, Committee members proposed the following changes to the draft bylaw, which were incorporated into the final version in front of Council on June 10, 2019:
  • There is a requirement in Section 4.3 (n)(iv) that the City Manager report on any settlements of claims exceeding $100,000 referenced in Section 4.3 (r). This section was amended to also require an annual reporting on settlements/claims.
  • Clarified that in Section 4.3 (r) with respect to settlement / compromise of any claims, the $100,00.00 limit granted to the City Manager was per claim.
  • Clarified the City Manager's powers to delegate authority in Sections 4.6 and 4.7.
  • Clarified that Council appoints an Interim City Manager in Section 4.8. 
  • In Section 4.9, added that the Interim City Manager has all the powers of a City Manager as per the Bylaw.
  • Under Section 5, Code of Conduct, added a subsection (i) related to acceptance of gifts. The maximum value of a gift or benefit is set at $200.00, which is the same as for employees. 

Due to the extensive edits, the City Clerk recommends the Bylaw be repealed and replaced with a new City Manager's Bylaw C-1075-19.
Council may choose to make further amendments to the Bylaw during Council meeting. The recommended motions in this case would be:
That second reading be given to Bylaw C-1075-19, City Manager's Bylaw.
Amendments can be proposed at second reading, through a motion to amend the main motion. 

That unanimous consent be given to consider third reading of Bylaw C-1075-19, City Manager's Bylaw. 
That third reading be given to Bylaw C-1075-19, City Manager's Bylaw, as amended. 

The Municipal Government Act Section 187 requires that before the meeting at which first reading or third reading is to take place, each Councillor present must be given or have had the opportunity to review the full text of the proposed bylaw. If Council makes amendments during the Council meeting and a Council member requires that the draft bylaw is updated with the new wording before the bylaw is read, Council can direct Administration to bring back the amended draft bylaw at a later date. The following motion could be considered in this case:

That Administration consider the feedback provided by Council on June 10, 2019 and bring an updated draft Bylaw C-1075-19, City Manager's Bylaw, to Council by [insert date]. 

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.  COW provided further direction on amendments at their May 21, 2019 meeting.
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. 

Moving certain sections from the Financial Administration Bylaw to the City Manager's Bylaw necessitates changes to the Financial Administration Bylaw. Administration will bring forward these changes to Council in the near future.

Proposed Bylaw C-1075-19 City Manager's Bylaw
Annotated Bylaw C-1075-19 City Manager's Bylaw - with COW feedback