By Staff
April 10, 2024
BURLINGTON, ON
The following are three decisions Mayor Meed Ward made under the authority she has with Strong Mayor powers.
Decision Number: 07-2024
Mayoral decision
References: MO-03-22 – Appointments to standing committees, boards, committees, agencies and Deputy Mayors
Mayoral Decision 07-2023 – To establish Committee Structure options
I, Marianne Meed Ward, Mayor of The Corporation of the City of Burlington, hereby issue Mayoral Decision 07-2024 as follows:
Decision regarding existing committees
In accordance with Part VI.1 of the Municipal Act, 2001, subsection 284.8 and subsection 284.13 (1), and Section 6 (1) of Ontario Regulation 530/22, as Mayor and Head of Council I hereby delegate the following duties to Council related to existing committees:
1. Establish or dissolve committees
2. Appoint chairs and vice-chairs of committees
3. Assign functions to committees.
Per the legislation, this delegation applies only in respect of existing committees comprised solely of Council members.
This delegation is subject to the following guidance in accordance with subsections 284.13(2) and 23.1(2) of the Municipal Act, 2001:
1. That any recommended change to chairs/vice-chairs be discussed first with the existing chair/vice-chair, and is subject to their agreement regarding the change, subject to Guidance section 2 below; and
2. That any finding or recommendations arising from an Integrity Commissioner (IC) investigation of a violation of the Council Code of Good Governance overrides Guidance section 1, and would be dealt with in the normal course of Council dealing with an IC report and recommendation;
Decision Number: 07-2024
3. That any establishment or dissolution of existing committees or change to their functions require a reconsideration vote of 2/3 majority prior to tabling the item, per our procedure bylaw for reconsideration of Council decisions.
Decision regarding new committees
Council may wish to create new committees for the balance of this term. As such, the following delegation and guidance applies:
In accordance with Part VI.1 of the Municipal Act, 2001, subsection 284.8 and subsection 284.13 (1), and Section 6 (1) of Ontario Regulation 530/22, as Mayor and Head of Council I hereby delegate the following duties to Council related to establishing new committees:
1. Establish or dissolve committees
2. Appoint chairs and vice-chairs of committees
3. Assign functions to committees.
Per the legislation, this delegation applies only in respect of committees comprised solely of Council members.
This delegation is subject to the following guidance prior to proposing a new committee in accordance with subsections 284.13(2) and 23.1(2) of the Municipal Act, 2001:
1. That the City Manager/CAO confirm capacity exists among staff to support any new committee; and
2. That should capacity not exist for a new standing committee of Council, the City Manager/CAO has the option to suggest alternatives to achieve the objectives of the proposed committee(s).
This Mayoral Decision comes into effect on April 22, 2024.
Dated at Burlington, this 10th day of April, 2024.
Original Signed by
Mayor Meed Ward
____________________
Signature of Mayor Marianne Meed Ward
Decision Number: 07-2024
Background and Rationale
The Municipal Act, 2001 (the “Act”) Part VI.1 and Ontario Regulation 530/22 assign special powers and duties to the Mayor, as the Head of Council;
Section 284.8 of the Act (committees) assigns to the Head of Council the ability to:
3. Establish or dissolve committees
4. Appoint chairs and vice-chairs of committees
5. Assign functions to committees.
Section 284.13 (1) of the Act, provides that the Head of Council may delegate these abilities regarding committees;
Section 6 (1) of Ontario Regulation 530/22 provides that the Head of Council may delegate this duty only to Council;
Section 4 of Ontario Regulation 530/22 states that the prescribed committees referred to under Section 284.8 of the Act are those that “consist solely of members of Council.” In the City of Burlington, this would include only Standing Committees of Council comprised solely of Council members, namely:
1. Committee of the Whole, and its sections (Community Planning, Regulation and Mobility; Environment Infrastructure and Community Services; Corporate Services Strategy Risk & Accountability)
2. Budget
3. Council Workshop
Committees that include a mix of Council and citizen members are not subject to the provisions of 284.8. In Burlington there are two: Audit and Pipeline to Permit. Additionally, Citizen Advisory Committees and Specialized Committees are not subject to the provisions of 284.8.
Council has already, by unanimous vote, approved the committees, functions and chairs/vice-chairs for this term, through Mayor’s Office report “Appointments to standing committees, boards, committees, agencies and Deputy Mayors” (MO-03-22, December 5 &13, 2022). This was modified by Mayor’s Decision 8-2023 to align the budget chair role with the Deputy Mayor for Strategy & Budgets portfolio.
Council also by unanimous vote approved Mayor’s Office motion “Review of Standing Committee Structure” (June 26 & July 11) which directed the Clerks department to review the Standing Committee system, to streamline the decision-making process. Clerks presented their report “Standing Committee Structure Options” (CL-18-23, October 4 & 17) that outlined the new Committee of the Whole structure, chairs/vice
Decision Number: 07-2024
chairs and functions, for Council deliberation and feedback. Council voted unanimously on the report October 17. Mayoral Decision 07-2023 implemented that vote
Decision Number: 08-2024
Mayoral decision
References: none
I, Marianne Meed Ward, Mayor of The Corporation of the City of Burlington, hereby issue Mayoral Decision 08-2024 as follows:
In accordance with Part VI.1 of the Municipal Act, 2001, subsection 284.6 (2) and 284.13 (2), and Section 6 (2) of Ontario Regulation 530/22:
As Mayor and Head of Council I hereby delegate the following duty to the City Manager/Chief Administrative Officer:
1. The duty of the Head of Council under subsection 284.6 (2) of the Act to hire, dismiss, or exercise any other prescribed employments powers with respect to the head of any division or the head of any other part of the organizational structure.
This Mayoral Decision comes into effect on April 22, 2024.
Dated at Burlington, this 10th day of April, 2024.
Original Signed by
Mayor Meed Ward
____________________
Signature of Mayor Marianne Meed Ward
Decision Number: 08-2024
Background and Rationale
The Municipal Act, 2001 (the “Act”) Part VI.1 and Ontario Regulation 530/22 assign special powers and duties to the Mayor, as the Head of Council;
Section 284.6 of the Act (organizational structure) subsection (2) (employment matters) assigns to the Head of Council the ability to hire or dismiss the head of any division or the head of any other part of the organizational structure;
The following positions, relevant to the City of Burlington, are excluded, under Section 284.6 (3):
1. the clerk or deputy clerk
2. a treasurer or deputy treasurer
3. an Integrity Commissioner
4. an Ombudsman
5. an Auditor General
6. a registrar for lobbying matters, as described in section 223.11 of the Act
7. a chief building official, as defined in the Building Code Act, 1992
8. a fire chief, as defined in the Fire Protection and Prevention Act, 1997
9. other officers or heads of divisions required to be appointed under the Municipal Act, 2001, the City of Toronto Act, 2006, or any other Act
10. any other persons identified in regulation
Section 6(1) of Ontario Regulation 530/22 provides that the Head of Council may delegate this duty to Council or the Chief Administrative Officer. The City Manager/CAO shall be responsible for:
a) Exercising general control and management of the affairs of the City of Burlington for the purpose of ensuring the efficient and effective operation of the City in accordance with section 229(a) of the Act; and
b) Performing such other duties as have previously been assigned or delegated, and as may be assigned or delegated, to the City Manager by the Mayor and/or Council, and specifically, such duties as are described in Chief Administrative Officer (CAO) By-law No. 132-1991
Decision Number: 09-2024
Mayoral decision
References: none
I, Marianne Meed Ward, Mayor of The Corporation of the City of Burlington, hereby issue Mayoral Decision 08-2024 as follows:
In accordance with Part VI.1 of the Municipal Act, 2001, subsection 284.6 (1) and subsection 284.13 (1), and Section 6 (2) of Ontario Regulation 530/22:
As Mayor and Head of Council I hereby delegate the following duty to the Chief Administrative Officer:
1. The duty of the Head of Council under subsection 284.6 (1) of the Act to determine the organizational structure.
This Mayoral Decision comes into effect on April 22, 2024.
Dated at Burlington, this 10th day of April, 2024.
Original Signed by
Mayor Meed Ward
____________________
Signature of Mayor Marianne Meed Ward
Decision Number: 09-2024
Background and Rationale
The Municipal Act, 2001 (the “Act”) Part VI.1 and Ontario Regulation 530/22 assign special powers and duties to the Mayor, as the Head of Council.
Section 284.6 (1) of the Act (organizational structure) assigns to the Head of Council the responsibility to determine the organizational structure of the municipality.
Section 284.13 (1) of the Act, provides that the Head of Council may delegate this duty to determine the organizational structure.
Section 6 (1) of Ontario Regulation 530/22 provides that the Head of Council may delegate this duty to Council or the Chief Administrative Officer. The City Manager/CAO shall be responsible for:
a) Exercising general control and management of the affairs of the City of Burlington for the purpose of ensuring the efficient and effective operation of the City in accordance with section 229(a) of the Act; and
b) Performing such other duties as have previously been assigned or delegated, and as may be assigned or delegated, to the City Manager by the Mayor and/or Council, and specifically, such duties as are described in Chief Administrative Officer (CAO) By-law No. 132-1991
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