Title
Legal Action Commenced by the County Policy AD 007
Proposed Motion
The Governance and Priorities Committee recommend that Council rescind Policy AD 007 - Legal Action Commenced By the County.
Body
Administration Recommendation(s)
Legislative and Administrative Services and the Executive Committee (CAO and General Managers) reviewed this Policy in June 2014, and support the recommendation.
Purpose
The Policy conflicts with the provisions of the Chief Administrative Officer Bylaw No. 2014-30, therefore, it should be rescinded.
Summary
As part of its ongoing policy review, Legal Action Commenced By the County Policy AD 007 has been reviewed by Administration. 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) l...
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