Microsoft Word - CITYHALL-#4765970-v1-Subdivision_02_-_Officer_and_General_Manager_(Bylaw_8215_-_2007)_(Consolidation_-_10_13

4765970

CITY OF RICHMOND

OFFICER AND GENERAL MANAGER

BYLAW NO. 8215

EFFECTIVE DATE – APRIL 10, 2007

CONSOLIDATED FOR CONVENIENCE ONLY

This is a consolidation of the bylaws listed below. The amendment bylaws have been combined

with the original bylaw for convenience only. This consolidation is not a legal document.

Certified copies of the original bylaws should be consulted for all interpretations and applications

of the bylaws on this subject.

AMENDMENT BYLAW DATE OF ADOPTION EFFECTIVE DATE

(If different from Date of Adoption)

9217 October 13, 2015

4765970

CITY OF RICHMOND

OFFICER AND GENERAL MANAGER

BYLAW NO. 8215

TABLE OF CONTENTS

PART ONE - CITY OFFICERS

1.1 Establishment of City Officers ............................................................1

1.2 Appointment of City Officers .............................................................1

1.3 Powers, Duties and Functions of City Officers .................................1

1.4 Termination of City Officers ...............................................................3

PART TWO - GENERAL MANAGERS

2.1 Appointment of General Managers ....................................................3

2.2 Powers, Duties and Functions of General Managers ........................4

PART THREE - INTERPRETATION ...........................................................................5

PART FOUR - PREVIOUS BYLAW REPEAL..........................................................5

PART FIVE - SEVERABILITY & CITATION ........................................................5

4765970

City of Richmond

Bylaw 8215

Officer and General Manager Bylaw No. 8215

The Council of the City of Richmond enacts as follows:

PART ONE: CITY OFFICERS

1.1 Establishment of City Officers

1.1.1 Council declares that the persons holding the following positions are Officers of the

City, under Section 146 of the Community Charter;

(a) Chief Administrative Officer;

(b) General Manager, Finance and Corporate Services; and,

1.2 Appointment of City Officers

1.2.1 On the recommendation of the Chief Administrative Officer, Council may appoint

persons to the positions of (i) General Manager, Finance and Corporate Services,

and (ii) Director, City Clerk’s Office.

1.3 Powers, Duties and Functions of City Officers

1.3.1 Chief Administrative Officer

1.3.1.1 The Chief Administrative Officer is assigned:

(a) the chief administrative responsibility for the City and the statutory

powers, duties and functions specified in Section 147 of the Community

Charter;

(b) responsibility for the administration of exempt staff compensation within

the corporate policies and budget established by Council;

legal instruments, with regard to the use of city-owned property, except

where the instrument

(i) would result in a disposal of land or an interest in land; or

(ii) is required by an enactment to be adopted by Council;

(d) authority together with the General Manager Engineering and Public

Works to direct City forces to undertake capital funded infrastructure

installations when all the following conditions are met:

Bylaw No. 8215 2.

4765970

(i) the decision is cost effective for the City;

(ii) staff have the skills to carry out the work;

(iii) Council has approved the funding for the project; and

(iv) the manpower capacity is available to complete the project within

the time frame.

(e) authority, together with the applicable Department General Manager to

award construction contracts to the lowest qualified bidder when the

following conditions are met:

(i) the contract has been publicly tendered;

(ii) the contract amount is within the budget approved by Council

for the project.

(f) authority, together with the General Manager, Finance and Corporate

Services, or in the absence of the General Manager, Finance and

Corporate Services, any General Manager, to award bids or authorize

spending between $100,001 and $500,000 on behalf of the City, and to

execute agreements and legal instruments with respect thereto, in

accordance with the annual budget and any applicable policies and

procedures adopted by Council,

(g) authority to terminate any employee other than the General Manager,

Finance and Corporate Services or the Director, City Clerk’s Office;

(h) authority to perform the duties and functions of the other Officers of the

City in their absence;

(i) the authority to execute any agreements or legal instruments necessary to

implement Council-approved programs, services or directives:

(i) within authorized spending limits for the Chief

Administrative Officer, or

(ii) in accordance with funding limits specifically approved by

Council,

but excluding agreements to acquire or dispose of an interest in land.

(j) the powers, duties and functions of the “head” for the purposes of the

Freedom of Information & Protection of Privacy Act; and

(k) the authority in section 1.3.1.1 to execute agreements, legal

instruments, contracts and licences of occupation includes the

authority to grant an indemnity that is an integral and usual part of

the agreement, legal instrument, contract or licence.

1.3.2 General Manager, Finance and Corporate Services

1.3.2.1 In addition to the powers, duties and functions assigned to all General Managers

in accordance with section 2.2, the General Manager, Finance and Corporate

Services is assigned the following powers, duties and functions:

Bylaw No. 8215 3.

4765970

(a) the responsibility of financial administration for the City, which includes

the statutory powers, duties and functions specified in Section 149 of the

Community Charter;

(b) collector of taxes for the City;

authorize spending between $100,001 and $500,000 on behalf of the

City, and to execute agreements and legal instruments with respect

thereto, in accordance with the annual budget and any applicable policies

and procedures adopted by Council; and

(d) the authority in section 1.3.2.1 to execute agreements and legal

instruments includes the authority to grant an indemnity that is an

integral and usual part of the agreement or legal instrument.

1.3.3 Director, City Clerk’s Office

1.3.3.1 The Director, City Clerk’s Office is assigned the following powers, duties and

functions:

(a) responsibility of corporate administration for the City, which includes

the statutory powers, duties and functions specified in Section 148 of the

Community Charter;

(b) the overall management of the operation of the City Clerk’s Office;

(d) the “head” for the purposes of the Freedom of Information & Protection

of Privacy Act; and

(e) the authority to provide a notice required by statute or other law in

relation to a bylaw or to an action, decision or other matter.

1.4 Termination of City Officers

1.4.1 Unless otherwise provided in a contract of employment, the employment of an Officer

may be terminated:

(a) on reasonable notice, if the termination is approved by an affirmative vote of at

least two-thirds of all members of Council; or

(b) without notice, for cause, if the termination is approved by a majority of the

votes cast.

PART TWO: GENERAL MANAGERS

2.1 Appointment of General Managers

2.1.1 On the recommendation of the Chief Administrative Officer, Council may appoint a

person to a General Manager position.

Bylaw No. 8215 4.

4765970

2.2 Powers, Duties and Functions of General Managers

2.2.1 Each General Manager is assigned the following powers, duties and functions:

(a) the overall management of the operation of their respective corporate

departments, including the appointment and termination of any employee, except

an Officer, within their department;

(b) the authority to award bids or authorize spending up to $100,000 on behalf of

the City, and to execute agreements or legal instruments with respect thereto, in

accordance with the annual budget and any applicable policies and procedures

adopted by Council

;

in performing their work.

(d) the powers, duties and functions of the Chief Administrative Officer, where

such General Manager has been appointed as the Acting Chief Administrative

Officer by the Chief Administrative Officer, in his absence;

(e) the authority to serve as “department heads” for the purposes of hearing

grievances, as specified in the CUPE Collective Agreements, on the

understanding that if another officer or employee within the same corporate

department is designated as a “department head” that officer or employee may

hear the grievance;

(f) the power to appoint an Acting General Manager in the General Manager’s

absence;

(g) within the area of responsibility assigned to the position of the General Manager,

the authority to execute any agreements or legal instruments necessary to

implement Council-approved programs, services or directives:

(i) within authorized spending limits established for the General Manager,

(ii) in accordance with funding limits specifically approved by Council,

but excluding agreements to acquire or dispose of an interest in land;

(h) the authority to provide notice required by statute or other law in relation to a

bylaw or to an action, decision or other matter; and

(i) the authority in section 2.2.1 to execute agreements, legal instruments and

contracts includes the authority to grant an indemnity that is an integral and

usual part of the agreement, legal instrument or contract.

Bylaw No. 8215 5.

4765970

PART THREE: INTERPRETATION

3.1 In this bylaw, unless the context otherwise requires:

CHIEF ADMINISTRATIVE means the person appointed by Council to the position

OFFICER of Chief Administrative Officer, who has been assigned

the chief administrative responsibility of the City, which

includes the powers, duties and functions specified in

Section 147 of the Community Charter.

CITY means the City of Richmond.

COUNCIL means the Council of the City.

DIRECTOR, CITY CLERK’S means:

OFFICE (a) the Corporate Officer appointed by Council and

assigned responsibility for corporate

administration of the City under Section 148 of

the Community Charter; and

(b) City Clerk for the purposes of all other City

bylaws.

GENERAL MANAGER, means the person appointed by Council to the position

ENGINEERING & PUBLIC of General Manager, Engineering & Public Works.

WORKS

GENERAL MANAGER, means the person appointed by Council to the position

FINANCE AND CORPORATE of General Manager, Finance and Corporate Services,

SERVICES which includes the powers, duties and functions

specified in Section 149 of the Community Charter.

PART FOUR: PREVIOUS BYLAW REPEAL

4.1 Officer and General Manager Bylaw No. 8062 (adopted on May 23, 2006), is repealed.

PART FIVE: SEVERABILITY AND CITATION

5.1 If any section, sub-section, paragraph, clause or phrase of this bylaw is for any reason held to be

invalid by the decision of a court of competent jurisdiction, such decision shall not affect the

validity of the remaining portions of this bylaw.

5.2 This Bylaw is cited as “Officer and General Manager Bylaw No. 8215”.

FIRST READING

SECOND READING

CITY OF

RICHMOND

PPROVED

for content by

originating

dept.

PPROVED

for legality

by Solicitor

Bylaw No. 8215 6.

4765970

THIRD READING

ADOPTED

MAYOR CORPORATE OFFICER