3552-2022 Delegate Authorities During Restricted Authority “Lame Duck” Council Period

3552-2022 Delegate Authorities During Restricted Authority “Lame Duck” Council Period

BEING A BY-LAW TO DELEGATE CERTAIN AUTHORITIES DURING A RESTRICTED AUTHORITY “LAME DUCK” COUNCIL PERIOD

Passed by Council February 7, 2022

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3552-2022
BEING A BY-LAW TO DELEGATE CERTAIN AUTHORITIES DURING A RESTRICTED AUTHORITY “LAME DUCK” COUNCIL PERIOD

 WHEREAS Section 275 of the Municipal Act S.O. 2001, C.25 as amended provides that where three quarters (3/4) of the members of the outgoing Council of the municipality will not be returning, the following authorities of the Council will cease on Nomination Day (August 19, 2022):

1. a) The appointment or removal from office of any officer of the municipality;
2. b) The hiring or dismissal of any employee of the municipality;
3. c) The disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal;
4. d) Making any expenditure or incurring any other liability which exceeds $50,000;

AND WHEREAS Section 23.1 of the Act states that Council is authorized to delegate certain powers and duties;

AND WHEREAS Section 5 of the Act provides that a municipality’s power shall be exercised by by-law;

AND WHEREAS the Council of the Corporation of the Township of Augusta deems it expedient and necessary to delegate certain authorities for the restricted authority “Lame Duck” period, if it applies, between August 19, 2022 to November 14, 2022;

NOW THEREFORE the Council of the Corporation of the Township of Augusta hereby enacts as follows that:

1. That the Chief Administrative Officer is hereby delegated authority as the financial signing authority for expenditures, outside the current approved budgets, exceeding $50,000.
2. That the Chief Administrative Officer is hereby delegated authority, including authority to execute the agreement of purchase and sale, pertaining to the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal.
3. That the Chief Administrative Officer is hereby delegated authority to repeal by-laws appointing Officers of the Township of Augusta which have ceased employment with the Corporation and for hiring and removal of any employee of the Corporation.
4. That in the extended absence of the CAO the Clerk shall have the same authority as the CAO under this by-law.
5. Should delegated authority be exercised, the sitting Council shall be informed by way of an information report at the next regularly scheduled or special meeting called for this purpose.

This by-law shall be in force and effect upon passing only in the event that in one or both of the time periods Council, as determined by the Clerk, becomes “Lame Duck” and expire on November 15, 2022.

Read a first, second, and third time and finally passed this 7 day of February, 2022.

Signed by Mayor Doug Malanka and Clerk Annette Simonian