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HomeMy WebLinkAboutBylaw 1765 - CAO BylawV Oil nit'V' BYLAW NO 1765 CHIEF ADMINISTRATIVE OFFICER BYLAW A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, TO ESTABLISH THE POSITION OF CHIEF ADMINISTRATIVE OFFICER AND TO DEFINE THE DUTIES, POWERS AND FUNCTIONS OF THAT POSITION. WHEREAS, the Section 205 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, and amendments thereto, authorizes Council to pass bylaws for the purpose of establishing the position of Chief Administrative Officer; AND WHEREAS, Sections 207 and 208 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, and amendments thereto, set forth the mandatory statutory responsibilities and major administrative duties of the Chief Administrative Officer. AND WHEREAS, the Council may in accordance with Section 203 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, and amendments thereto, delegate any of its executive and administrative duties and powers and functions; NOW THEREFORE, the Council of Kneehill County, duly assembled, enacts as follows: PART ONE INTRODUCTION 1. TITLE This Bylaw shall be known as the "Chief Administrative Officer Bylaw". 2. DEFINITIONS In this bylaw the following words and phrases mean: (1) "Act" means the Municipal Government Act, Revised Statues of Alberta 2000, Chapter M-25 and amendments. (2) "Chief Administrative Officer or CAO" means the person appointed to the position of Chief Administrative Officer by Council. (3) "Council' means the Council of Kneehill County. PART TWO APPOINTMENT, TERMS AND CONDITIONS 3. Council hereby establishes the positon of Chief Administrative Officer and the individual appointed to that position will have the title of CAO. 4. Council shall, by resolution, appoint an individual to the position of Chief Administrative Officer. w No. 1765, Chief Administrative Officer Bylaw 2 of 3 5. Council may, by resolution, appoint a Deputy CAO. The Deputy CAO shall act as the CAO if the CAO becomes ill or is otherwise prevented from fulfilling the role of the CAO. The CAO may appoint an Acting CAO where such absences are for a period of less than one month. 6. Except for the purpose of an official inquiry, the Council shall deal with the administration and the control thereof solely through the CAO. PART THREE ACCOUNTABILITY 7. The CAO shall be accountable to Council for the exercise of all the powers, duties and functions delegated to the CAO by the Act, this bylaw, any other enactment, any other bylaw, and any resolutions, policies or procedures adopted by Council from time to time whether such powers, duties and functions are exercised by the CAO personally, or by someone to whom the CAO has delegated that power, duty or function. PART FOUR RESPONSIBILITIES 8. The CAO's responsibilities shall be in accordance with Section 207 of the Act. PART FIVE ADMINISTRATIVE DUTIES 9. The CAO must ensure that all powers, duties and functions are performed in accordance with Section 208 of the Act and any other enactment. 10. In order to carry out the responsibilities of the position, the CAO has the authority to: (1) hire, dismiss, promote, reward or discipline any municipal employee; (2) implement any internal reorganization of responsibilities and duties required for the effective and efficient operation of the municipality. If a major organizational change is effected, the CAO shall report such a change to Council; (3) be present at any meeting of Council or Committee of Council; (4) in the case of an emergency, incur any expenditure not previously approved by Council provided a detailed report on such expenditure and its need is presented to the next meeting of Council; (5) negotiate contracts, agreements and transactions required for the effective operation of the municipality and to recommend the approval of such to Council; (6) conclude contracts on behalf of the municipality to a financial limit established by policy or resolution; (7) sign any order, agreement, cheque, negotiate instrument or document made or executed on behalf of the municipality; (8) take such other actions as necessary to carry out the responsibilities and duties assigned by Council. No. 1765, Chief Administrative Officer Bylaw Page 3 of 3 In accordance with any bylaw or approved policy of Council. 11. The CAO is the Head of the Municipality for the purposes of the Freedom of Information and Protection of Privacy Act, R. S. A. 2000 c. F-25. 12. When one or more Councillor obtains information about the operation or administration of the municipality from the CAO or a person designated by the CAO, the information must be provided to all other Councillors as soon as practicable in accordance to Section 153.1 of the Act. PART SIX TRANSITION 13. SEVERABILITY If a portion of this bylaw is found by a court of competent jurisdiction to be invalid, the invalid portion will be voided, and the rest of the bylaw remains valid and effective. 14. EFFECTIVE DATE This bylaw comes into effect upon third reading of this bylaw. 15. BYLAW REPEAL Bylaw No. 1468 is hereby repealed. READ a first time on this 24th day of April, 2018. READ a second time on this 24th day of April, 2018. UNANIMOUS permission for third reading given in Council on the 24th day of April, 2018. READ a third time and final time of this 24th day of April, 2018. &PiL �-, 2D Date Bylaw Signed Reeve Jerry Witt tock Chief Admi Al Hoggan Officer