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TBDSSAB Area One Representative Procedure By-Law V.Pdf

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TBDSSAB Area One Representative Procedure By-Law V.Pdf THE CORPORATION OF THE MUNICIPALITY OF SHUNIAH BY-LAW NUMBER Being a By-law to Set out the Appointments Procedure For Council Representatives in the Six Area One municipalities on the Thunder Bay District Social Services Administration Board Recitals: 1. The Thunder Bay District Social Services Administration Board is constituted under the District Social Services Administration Boards Act, R.S.O. 1990, c. D.15, as amended. Regulation 278/98 passed under that legislation provides that there are six municipalities who together make up “Area One” for the purposes of the Board structure. These six municipalities are: a) The Corporation of the Municipality of Shuniah; b) The Corporation of the Municipality of Oliver Paipoonge; c) The Corporation of the Township of Conmee; d) The Corporation of the Township of O’Connor; e) The Corporation of the Township of Gillies; and f) The Corporation of the Municipality of Neebing. 2. Historically, Regulation 278/98 provided that the Thunder Bay District Social Services Administration Board would include one representative appointed by the six municipalities that make up Area One. This regulation was amended in 2017 to provide that Area One would have three representatives, rather than one representative, on the Board. 3. The six Area One Municipalities have determined the method by which they will select representatives for Area One to be appointed to the Thunder Bay District Social Services Administration Board. Each member has agreed to pass a by-law to outline this procedure for future appointments. ACCORDINGLY, THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF SHUNIAH ENACTS AS FOLLOWS: 1. Definitions: The lettered paragraphs of this Section set out definitions for certain terms used throughout this By-law. a) “Area One Municipalities” means all of Conmee, Gillies, Neebing, O’Connor, Oliver-Paipoonge and Shuniah, and “Area One Municipality” means any one of them. b) “Board” means the Thunder Bay District Social Services Administration Board. c) “By-law” means this by-law, as amended from time to time. d) “Conmee” means The Corporation of the Township of Conmee. e) “Gillies” means The Corporation of the Township of Gillies. f) “Neebing” means The Corporation of the Municipality of Neebing. g) “O’Connor” means The Corporation of the Township of O’Connor. h) “Oliver Paipoonge” means The Corporation of the Municipality of Oliver Paipoonge. i) “Shuniah” means The Corporation of the Municipality of Shuniah. 2. Terms of Office: The terms of office on the Board for the three representatives for the Area One Municipalities will be the same as the terms of office of the municipal councils that appointed them. 3. All Councils to Appoint All Representatives: One representative will be appointed by each Area One Municipality to represent two of the Area One Municipalities, so that a total of three representatives are appointed to the Board. Appointments are to be made as soon as possible after each municipal election so that Board representatives have an opportunity to take orientation training, or avail themselves of other opportunities before the Board’s term commences following the election. 4. Appointment Method: a) For the purpose of appointing representatives, the Area One Municipalities will be paired together as follows: Conmee is paired with Neebing; Gillies is paired with Shuniah; and O’Connor is paired with Oliver Paipoonge. b) Each pair of municipalities will rotate between themselves, in alternate terms of Council, the right to appoint a member of its Council to the Board. Only elected officials may be appointed to the Board. As at the time this By-law was passed, the Board representatives for Area One Municipalities were from Shuniah, Conmee and Oliver Paipoonge. Accordingly, for the Council term 2018-2022, the Area One Municipalities with the right to appoint representatives to the Board are Gillies, O’Connor and Neebing. For the Council term 2022-2026, the appointment rights will rotate back to the paired municipalities. c) If any Area One Municipality does not have a member of its Council who is willing and/or able to be appointed to the Board during a term of Council when it is that municipality’s turn to make the appointment, that municipality may decline to appoint a representative. In that case, the Clerk of the declining municipality shall advise the Clerk of the municipality to which it is paired, of this circumstance. The municipality with whom the declining municipality is paired will then, once again, have the right to appoint a member of its Council to the Board for the upcoming term. At the end of that term of office, the declining municipality will again have an opportunity to make the appointment, or to decline. It is the intention that, provided an Area One Municipality is able to do so, the terms of office on the Board will rotate between the two municipalities on a regular basis. A declining municipality does not “forfeit” its right of appointment, rather, its right of appointment is deferred for one term. d) In the unlikely event that neither municipality in a pair of Area One municipalities is able and/or willing to make an appointment, the heads of the Councils of all of the Area One Municipalities will meet and determine, whether by agreement or through a tie-breaking mechanism, such as a coin toss, which of the other Area One Municipalities able and/or willing to appoint a member of its Council to the Board will make the appointment for that term of the Board for that pair of municipalities. e) A municipality whose turn it is to appoint a Board representative will make the appointment as soon as possible after the municipal election. The Clerk of that municipality will advise the Clerks of the other Area One Municipalities of the name of the appointed representative. Each Area One Municipality shall pass a resolution to support the appointment of all three of the representatives. 5. Representation and Reporting: Each of the Area One Municipalities’ appointees to the Board is there to represent the interests of all of the Area One Municipalities. Any member of any of the Councils of any of the Area One Municipalities may seek information from any of the three Board appointees. For the purposes of regular reporting, however, the representative of the Board appointed by an Area One Municipality shall report regularly to his or her own Council as well as to the Council of the Area One Municipality with which it is paired under this By-law. Where a representative was chosen under subclause 4(d) of this By-law, he or she will report to the Councils of both municipalities in the pair of municipalities on whose behalf he or she was appointed. 6. Amendments: Each Area One Municipality has passed a by-law that contains the appointment method set out in this By-law. As such, this By-law may be amended only with the consent of each of the other Area One Municipalities, and each Area One Municipality shall pass any amendments agreed upon to its own by-law. 7. Effective Date: This By-law shall take effect on the date that it is passed by the Council. ENACTED AND PASSED IN COUNCIL this 11th day of December 2018, as witnessed by the corporate seal of the Corporation and the hands of its proper Officers duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALITY OF SHUNIAH __________________________ Mayor __________________________ Clerk/Manager of Planning .
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