Attachment 2 - Current City of Langford Officers Bylaw No. 1880, 2021

City of Langford — BYLAW NO. 1880, 2021

A Bylaw to establish officer positions and delegate certain authorities of Council

The Council of the City of Langford, in open meeting assembled, enacts as follows:

Citation

This Bylaw may be cited as “City of Langford Officers Bylaw No. 1880, 2021”.

Definitions

In this Bylaw:
CITY means the City of Langford.
COUNCIL means the Council of the City of Langford.
Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated, or replaced from time to time.

Officer Positions

The following officer positions are established, pursuant to section 146 of the Community Charter [officer positions]: a) Chief Administrative Officer (CAO), pursuant to section 147 of the Community Charter [chief administrative officer];
b) Deputy Chief Administrative Officer (CAO), pursuant to section 147 of the Community Charter [chief administrative officer];
c) Corporate Officer and appointed Deputy Corporate Officers, pursuant to section 148 of the Community Charter [corporate officer];
d) Financial Officer, pursuant to section 149 of the Community Charter [financial officer];
e) Director of Legislative and Protective Services;
f) Director of Engineering and Public Works;
g) Director of Finance;
h) Director of Parks, Recreation and Facilities;
i) Director of Development Services;
j) Director of Community Planning and Climate Change; and
k) Fire Chief.
The duties and responsibilities of the CAO, Corporate Officer and Financial Officer are: a) As specified in the applicable sections of the Community Charter, s. 147-149;
b) As specified in any other applicable legislation; and
c) As specified in their respective job descriptions.
The terms of employment as officer are as established in their employment contract, or if not therein specified, as established in the current City Employee Bylaw.
The duties and responsibilities of the Director positions and Fire Chief position established in section 4 of this Bylaw are as specified in their respective job descriptions.
The CAO may appoint one or more deputies to each position established in section 4 of this Bylaw.
One person may be appointed to more than one officer position with the City.
The CAO will select the Acting CAO, except that Council will select the Acting CAO in the event of incapacitation of the CAO, or vacancy of the position.

Financial Disclosure Act

For the purposes of the Financial Disclosure Act, the following positions are municipal employees and must make a written disclosure pursuant to that Act: a) All of the officer positions established in section 4 of this Bylaw;
b) All appointed deputies to the officer positions established in section 4 of this Bylaw;
c) All Approving Officers and Deputy Approving Officers appointed under the Land Title Act; and
d) Deputy Fire Chief.

Delegated Authority

Except as otherwise provided herein, the Mayor or Acting Mayor and the CAO, Corporate Officer or Deputy Corporate Officer are authorized to execute or discharge documents, contracts, and agreements.
The CAO is authorized to approve, enter into, and execute any contracts, agreements, transactions, and covenants required for the effective operation of the City, provided that: a) Any expenditures are made in accordance with the Purchasing Policy;
b) The action is consistent with City bylaws and policies, including any purchasing or procurement policies; and
c) The action is consistent with any other applicable legislation.
Purchases and other procurement approved by Council through the annual Financial Plan Bylaw is delegated to the CAO and employees in a management position; and must be executed according to the applicable purchasing or procurement policy.
The CAO and Director of Corporate Services are authorized to approve and enter into employment agreements on behalf of the City.
The CAO is authorized to approve grant applications and agreements, for the granting of funds to Langford from external agencies: a) To a maximum of $100 000; and
b) If the grant funding will support City operations and/or priorities.
The Corporate Officer is authorized to consolidate bylaws pursuant to section 139 of the Community Charter [consolidation of bylaws].

Exercise of Delegated Authority

If Council or the CAO changes the title of a position, the authority delegated in this Bylaw may continue to be exercised by the applicable delegate.
Where this Bylaw delegates a power, duty or function to a named position, the delegation is to the person who holds the position, the equivalent of that position, and to any person who is from time to time the deputy of that person.
A delegate has no authority to further delegate the authority granted under this Bylaw except as authorized in section 19 of this Bylaw.
Unless provided for by Bylaw or other legislation, delegate decisions cannot be reconsidered.
A delegate may choose not to exercise their delegated authority for any reason, and the matter will be considered by Council.

Suspension and Termination

The CAO is authorized to suspend a municipal officer, and any such suspensions must be reported to Council at its next meeting for consideration and direction.
Any suspension and/or termination of a statutory officer will be in accordance with sections 151 [suspension of officers and employees] and 152 of the Community Charter [termination of officers].

Severability

If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the Bylaw is deemed valid.

Repeal

The “Langford Officers Bylaw No. 42, 1994”, as amended, is hereby repealed.

Readings and Adoption

READ A FIRST TIME THIS 10TH DAY OF MAY, 2021
READ A SECOND TIME THIS 10TH DAY OF MAY, 2021
READ A THIRD TIME THIS 10TH DAY OF MAY, 2021.
ADOPTED THIS 21ST DAY OF JUNE, 2021.

Presiding Council Member Corporate Officer

Key facts