Title
Legal Action Commenced by the County Policy AD 007
Proposed Motion
That Legal Action Commenced by the County Policy AD 007 be repealed.
Body
Administration Recommendation(s)
Administration supports the recommendation to repeal Policy AD 007, Legal Action Commenced by the County, as presented.
Purpose
The policy conflicts with the provisions of the Chief Administrative Officer Bylaw No. 2014-30, therefore, it should be repealed.
Summary
At the February 17, 2015 Governance and Priorities Committee meeting, the Committee reviewed and recommended that Legal Action Commended by the County Policy AD 007 be presented to Council to be repealed. This Policy originated in October 1988 for the purpose of providing authority to the Chief Administrative Officer (CAO) to make decisions about commencing legal action, with the condition that the CAO advise Council of the circumstances at the earliest possible opportunity. In 2001, the policy was changed to provide for all legal actions to be approved by Council, unless immediate action is required which can be authorized by the CAO. This requirement is contrary to the provisions of the CAO Bylaw No. 2014-30, being a bylaw that delegates certain powers, duties or functions (as permitted under the Municipal Government Act), from Council to the CAO.
Bylaw No. 2014-30 Section 6(8) states that the CAO shall:
(8) Except as otherwise instructed by Council, instruct legal counsel on any matters involving any, or any potential, legal and administrative proceedings involving the County, and without limiting the foregoing, to:
a. Arrange for the provision of legal services to Council, County Committee and departments of the County; and
b. Arrange for legal counsel to appear in all legal and administrative proceedings including commencing, defending and intervening to define, enforce and defend the County's (and such other boards, authorities, agencies and other entities' as may be required by Council) legal and equitable r...
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