.jpeg)
By-Laws
BY-LAW NO. 2022-04 A
A BY-LAW TO AMEND BY-LAW 2022-04 RESPECTING THE REMUNERATION OF COUNCIL FOR THE COMMUNITY OF THREE RIVERS
BE IT ENACTED by the Council of The Community of Three Rivers as follows:
That by-law 2022-04, a By-law Respecting the Remuneration of Council of The Community of Three Rivers be amended by deleting section 2 of the by-law and inserting the following section:
2. ANNUAL SALARY ADJUSTMENTS
On January 1st of each year, the annual rate of payment aforesaid shall be adjusted increasing or decreasing (as the case may be) by the same percentage as the change (positive or negative) in the average annual consumer price index for the Province of New Brunswick calculated from January to December in the year prior to the year for which the adjustment is made.
Read a First time this ____ day of _________, 2024
Read a Second time this ____ day of ___________, 2024
Read a Third time and passed by Council this ___ day of ___________, 2024.
BY-LAW NO. 2024-07
A BY-LAW RESPECTING THE DUTIES AND POWERS OF THE CHIEF ADMINISTRATIVE OFFICER AND THE RELATIONSHIP BETWEEN COUNCIL, THE CHIEF ADMINISTRATIVE OFFICER AND THE EMPLOYEES OF
THE COMMUNITY OF THREE RIVERS
BY-LAW NO. 2024-07
A BY-LAW RESPECTING THE DUTIES AND POWERS OF THE CHIEF ADMINISTRATIVE OFFICER AND THE RELATIONSHIP BETWEEN COUNCIL, THE CHIEF ADMINISTRATIVE OFFICER AND THE EMPLOYEES OF THE COMMUNITY OF THREE RIVERS
Council of The Community of Three Rivers, under authority vested in it by the Local Governance Act of New Brunswick, S.N.B. 2017, c.18 hereby enacts as follows:
1.TITLE
1.1 This by-law may be referred to as the “Chief Administrative By-law 2024-07
2.PURPOSE
2.1 The purpose of this By-Law is to establish the position of Chief Administrative Officer and to define the (CAO) roles, duties, responsibilities, and work conditions as well as the relationship between Council and the CAO; the CAO and other employees of the municipality, and Council with other employees of the Municipality, pursuant to section 81 of the Local Governance Act, SNB 2017, c18.
3.DEFINITIONS
3.1 In this By-Law
a. “Act” means the Local Governance Act PNB 2017, Chapter 18, and any amendments thereto;b. “Administration means the general operation of the Community, including human resources, financial and other related matters as permitted by the Act;c. “Chief Administrative Officer” or “CAO” means the administrative manager appointed to the position of Chief Administrative Officer by Council in accordance with the Act;d. “Council” means the Municipal Council of The Community of Three Rivers.e. “Managers” means the Manager in charge of a municipal department. f. “Mayor” means the Chief Elected Officer of the municipality as described in the actg. “Employee” means any person employed by The Community of Three Rivers, including managers, aside from the CAO;h. “Municipality” means The Community of Three Rivers
4.APPOINTMENT OF THE CHIEF ADMINISTRATIVE OFFICER
4.1 Council shall appoint a Chief Administrative Officer for the municipality and the duties and powers of the CAO are prescribed by this by-law made pursuant to section 81 of the Act with such additions or deletions as may be approved by a resolution of Council from time to time.
4.2 The Chief Administrative Officer is appointed under subsection 71(2) of the Act and is employed on a full-time basis. 4.3 Pursuant to subsection 71(4) of the Act, the Chief Administrative Officer is entitled to hold office until retirement, death, resignation, or dismissal for cause by the affirmative vote of at least two-thirds of the whole council.5. RELATIONSHIP BETWEEN COUNCIL, THE CHIEF ADMINISTRATIVE OFFICER, AND THE EMPLOYEES OF THE MUNICIPALITY5.1 The Chief Administrative Officer is the head of the administrative branch of the government of the Municipality and is responsible to Council for the proper administration of the affairs of the Municipality in accordance with applicable legislation, the by-laws of the Municipality and the policies and resolutions adopted by Council.5.2 The Chief Administrative Officer shall keep Council informed concerning the affairs of the Municipality and shall recommend to Council such actions as may be necessary or expedient for the welfare of the Municipality, or as required by the Local Governance Act and other applicable legislation.5.3 Except as provided by the Act, all Managers including the office of clerk of the Municipality are accountable to the Chief Administrative Officer for the performance of their duties and shall submit the reports and recommendations required of them to and through the Chief Administrative Officer.5.4 Council shall provide direction on the administration, plans, policies and programs of the Municipality to the Chief Administrative Officer.5.5 The Chief Administrative Officer is the Chief of Staff of the Municipality. With the exception of general information inquiries and sharing, and defined Liaison Councillor roles, Council shall communicate with the employees of the Municipality solely through the Chief Administrative Officer. The Chief Administrative Officer shall communicate on behalf of staff to Council or the Mayor.5.6 The Chief Administrative Officer shall approve payment of all expenditures and invoices of budged operations and any non-budgeted items up to $5000.5.7 Only Council as a whole can direct the Chief Administrative Officer and no individual member of Council, committee or member of a committee established by Council shall instruct or give direction to, either publicly or privately, written or oral, the Chief Administrative Officer or any employee of the Municipality.5.8 Notwithstanding Article 5(7), members of Council may have a discussion and provide suggestions and advice, individually or as a whole, to the Chief Administrative Officer. The Chief Administrative Officer may also consult with members of Council or Council as a whole.5.9 The Chief Administrative Officer shall notify the Mayor of absences from the Municipality in excess of three (3) days.5.10 Council will conduct, unless excused by Council, an annual evaluation of the Chief Administrative Officer.
6. RESPONSIBILITIES OF THE CHIEF ADMINISTRATIVE OFFICER
6.1 The Chief Administrative Officer shall
a. coordinate and direct the preparation of plans and programs to be submitted to Council for the construction, rehabilitation and maintenance of all Municipal property and facilities;b. ensure that the annual budget is prepared and submitted to the province;c. be responsible for the administration of the budget;d. review the drafts of all proposed by-laws and policies and make recommendations to Council with respect to them;e. oversee the publication of all notices, ordinances or other documents required by law to be published, prepared or approved, all reports which the Municipality or any of the officers thereof are required by law to prepare;f. present to Council for its consideration, recommendations from the Managers, along with appropriate commentary from the Chief Administrative Officer,concerning any aspect of internal operations, along with the proposed By-laws or Resolutions to give effect to such recommendations as may be adopted by Council;g. meet with Managers regularly for discussion of matters of policy, co-ordination, and collaboration amongst all departments;h. make written recommendations to Council, when the Chief Administrative Officer or Council deems it necessary, with respect to a chosen topic;i. attend all meetings of Council, as an ex-officio on all the committees of the Municipality and obtain information regarding boards, committees and commissions, which affect the interest of the Municipality and report to Council regarding it when, in the opinion of the Chief Administrative Officer or Council, such reports are deemed necessary;j. appoint and employ, or suspend, and dismiss for cause all employees of the Municipality;k. act for the Municipality in the negotiation of wages and salary and make recommendation to Council concerning all Municipal employees;l. when appropriate, but not exclusively, communicate and liaise with senior government departments and employees on behalf of the Municipality;m. make or authorize expenditures, and enter into contracts on behalf of the Municipality, for anything required for the Municipality where the amount of the expenditure is budgeted or within the amount determined by Council by policy, and may delegate this authority to employees of the Municipality;n. authorize, in the name of the Municipality, and subject to applicable legislation and common law, the commencement or defense of a legal action or proceedings before a court, board or tribunal, including reporting the commencement of the legal action, defense or proceeding to Council at the next meeting and may, if Council so provides by policy, delegate this authority to employees of the Municipality but Council may by resolution limit this authority to the extent deemed appropriate from time to time;o. supervise the performance of all contracts or agreements entered into by the Municipality and ensure that all the conditions relating thereto have been fulfilled in accordance with the provisions of such contracts or agreements;p. carry out annual performance appraisals of all Managers and ensure that annual performance appraisals of all other personnel are carried out by their supervisors;q. investigate all complaints regarding the services provided by the Municipality, and take necessary measures to rectify any situation when warranted;
6.2 In the event of temporary absence or disability, the Chief administrative Officer may designate a senior employee of The Municipality to perform the duties of the Chief Administrative Officer during that absence and shall file a letter with the Mayor indicating that such action has been taken.
7. This By-law comes into effect on the date of final passing thereof.
Read a first time this _________________________________________________
Read a second time this ______________________________________________
Read a third time and passed Council this ________________________________
A BY-LAW RESPECTING THE DUTIES AND POWERS OF THE CHIEF ADMINISTRATIVE OFFICER AND THE RELATIONSHIP BETWEEN COUNCIL, THE CHIEF ADMINISTRATIVE OFFICER AND THE EMPLOYEES OF THE COMMUNITY OF THREE RIVERS
Council of The Community of Three Rivers, under authority vested in it by the Local Governance Act of New Brunswick, S.N.B. 2017, c.18 hereby enacts as follows:
1.TITLE
1.1 This by-law may be referred to as the “Chief Administrative By-law 2024-07
2.PURPOSE
2.1 The purpose of this By-Law is to establish the position of Chief Administrative Officer and to define the (CAO) roles, duties, responsibilities, and work conditions as well as the relationship between Council and the CAO; the CAO and other employees of the municipality, and Council with other employees of the Municipality, pursuant to section 81 of the Local Governance Act, SNB 2017, c18.
3.DEFINITIONS
3.1 In this By-Law
a. “Act” means the Local Governance Act PNB 2017, Chapter 18, and any amendments thereto;b. “Administration means the general operation of the Community, including human resources, financial and other related matters as permitted by the Act;c. “Chief Administrative Officer” or “CAO” means the administrative manager appointed to the position of Chief Administrative Officer by Council in accordance with the Act;d. “Council” means the Municipal Council of The Community of Three Rivers.e. “Managers” means the Manager in charge of a municipal department. f. “Mayor” means the Chief Elected Officer of the municipality as described in the actg. “Employee” means any person employed by The Community of Three Rivers, including managers, aside from the CAO;h. “Municipality” means The Community of Three Rivers
4.APPOINTMENT OF THE CHIEF ADMINISTRATIVE OFFICER
4.1 Council shall appoint a Chief Administrative Officer for the municipality and the duties and powers of the CAO are prescribed by this by-law made pursuant to section 81 of the Act with such additions or deletions as may be approved by a resolution of Council from time to time.
4.2 The Chief Administrative Officer is appointed under subsection 71(2) of the Act and is employed on a full-time basis. 4.3 Pursuant to subsection 71(4) of the Act, the Chief Administrative Officer is entitled to hold office until retirement, death, resignation, or dismissal for cause by the affirmative vote of at least two-thirds of the whole council.5. RELATIONSHIP BETWEEN COUNCIL, THE CHIEF ADMINISTRATIVE OFFICER, AND THE EMPLOYEES OF THE MUNICIPALITY5.1 The Chief Administrative Officer is the head of the administrative branch of the government of the Municipality and is responsible to Council for the proper administration of the affairs of the Municipality in accordance with applicable legislation, the by-laws of the Municipality and the policies and resolutions adopted by Council.5.2 The Chief Administrative Officer shall keep Council informed concerning the affairs of the Municipality and shall recommend to Council such actions as may be necessary or expedient for the welfare of the Municipality, or as required by the Local Governance Act and other applicable legislation.5.3 Except as provided by the Act, all Managers including the office of clerk of the Municipality are accountable to the Chief Administrative Officer for the performance of their duties and shall submit the reports and recommendations required of them to and through the Chief Administrative Officer.5.4 Council shall provide direction on the administration, plans, policies and programs of the Municipality to the Chief Administrative Officer.5.5 The Chief Administrative Officer is the Chief of Staff of the Municipality. With the exception of general information inquiries and sharing, and defined Liaison Councillor roles, Council shall communicate with the employees of the Municipality solely through the Chief Administrative Officer. The Chief Administrative Officer shall communicate on behalf of staff to Council or the Mayor.5.6 The Chief Administrative Officer shall approve payment of all expenditures and invoices of budged operations and any non-budgeted items up to $5000.5.7 Only Council as a whole can direct the Chief Administrative Officer and no individual member of Council, committee or member of a committee established by Council shall instruct or give direction to, either publicly or privately, written or oral, the Chief Administrative Officer or any employee of the Municipality.5.8 Notwithstanding Article 5(7), members of Council may have a discussion and provide suggestions and advice, individually or as a whole, to the Chief Administrative Officer. The Chief Administrative Officer may also consult with members of Council or Council as a whole.5.9 The Chief Administrative Officer shall notify the Mayor of absences from the Municipality in excess of three (3) days.5.10 Council will conduct, unless excused by Council, an annual evaluation of the Chief Administrative Officer.
6. RESPONSIBILITIES OF THE CHIEF ADMINISTRATIVE OFFICER
6.1 The Chief Administrative Officer shall
a. coordinate and direct the preparation of plans and programs to be submitted to Council for the construction, rehabilitation and maintenance of all Municipal property and facilities;b. ensure that the annual budget is prepared and submitted to the province;c. be responsible for the administration of the budget;d. review the drafts of all proposed by-laws and policies and make recommendations to Council with respect to them;e. oversee the publication of all notices, ordinances or other documents required by law to be published, prepared or approved, all reports which the Municipality or any of the officers thereof are required by law to prepare;f. present to Council for its consideration, recommendations from the Managers, along with appropriate commentary from the Chief Administrative Officer,concerning any aspect of internal operations, along with the proposed By-laws or Resolutions to give effect to such recommendations as may be adopted by Council;g. meet with Managers regularly for discussion of matters of policy, co-ordination, and collaboration amongst all departments;h. make written recommendations to Council, when the Chief Administrative Officer or Council deems it necessary, with respect to a chosen topic;i. attend all meetings of Council, as an ex-officio on all the committees of the Municipality and obtain information regarding boards, committees and commissions, which affect the interest of the Municipality and report to Council regarding it when, in the opinion of the Chief Administrative Officer or Council, such reports are deemed necessary;j. appoint and employ, or suspend, and dismiss for cause all employees of the Municipality;k. act for the Municipality in the negotiation of wages and salary and make recommendation to Council concerning all Municipal employees;l. when appropriate, but not exclusively, communicate and liaise with senior government departments and employees on behalf of the Municipality;m. make or authorize expenditures, and enter into contracts on behalf of the Municipality, for anything required for the Municipality where the amount of the expenditure is budgeted or within the amount determined by Council by policy, and may delegate this authority to employees of the Municipality;n. authorize, in the name of the Municipality, and subject to applicable legislation and common law, the commencement or defense of a legal action or proceedings before a court, board or tribunal, including reporting the commencement of the legal action, defense or proceeding to Council at the next meeting and may, if Council so provides by policy, delegate this authority to employees of the Municipality but Council may by resolution limit this authority to the extent deemed appropriate from time to time;o. supervise the performance of all contracts or agreements entered into by the Municipality and ensure that all the conditions relating thereto have been fulfilled in accordance with the provisions of such contracts or agreements;p. carry out annual performance appraisals of all Managers and ensure that annual performance appraisals of all other personnel are carried out by their supervisors;q. investigate all complaints regarding the services provided by the Municipality, and take necessary measures to rectify any situation when warranted;
6.2 In the event of temporary absence or disability, the Chief administrative Officer may designate a senior employee of The Municipality to perform the duties of the Chief Administrative Officer during that absence and shall file a letter with the Mayor indicating that such action has been taken.
7. This By-law comes into effect on the date of final passing thereof.
Read a first time this _________________________________________________
Read a second time this ______________________________________________
Read a third time and passed Council this ________________________________