City Solicitor Delegated Authority Question
Hello everyone - I hope you are all well. I have been asked to do some
research relating to modernizing our legal services branch. It would help
me greatly, if I could gain some insights from each of you on the following
questions as part of the governance pieces:
Does your City Solicitor position report to the City Manager (or someone
else in Administration) or Council?
Are the City Solicitor delegations set by legislation, a separate bylaw
(designated officer) or part of City Administration bylaw for delegations?
(Does the City Solicitor’s delegated authorities flow directly from Council
or from City Manager)? Is it clear in some documentation (policy, bylaw,
delegated authority) that the City Solicitor has direct access to Council?
Can you share the wording for the delegated authorities for the City
Solicitor?
Are there any functions that report to the City Solicitor (ie. risk,
strategy, corporate security, clerks, etc)?
I look forward to hearing from all of you and if anyone is interested in
our compiled answers, please let me know and I will be happy to pass it
along! Enjoy the weekend and stay well.
Bonnie L. Andriachuk, Q.C. (she/her)
City Solicitor
The City of Edmonton
9th Floor, Chancery Hall
3 Sir Winston Churchill Square NW
Edmonton, Alberta T5J 2C3
Phone: 780-496-7203
The contents of this message, and any attachment(s) are confidential,
proprietary to the City of Edmonton, and are intended only for the
addressed recipient. If you have received this in error, please disregard
the contents, inform the sender of the misdirection, and remove it from
your system. The copying, dissemination, or distribution of this message,
if misdirected, is prohibited.
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The contents of this message and any attachment(s) are confidential,
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addressed recipient. If you have received this in error, please disregard
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if misdirected, is strictly prohibited.
Hi,
I would be very interested in seeing answers to these questions well. Here are the answers from Moncton, New Brunswick, in red below.
Thanks,
Nick
Nick Robichaud
General Manager / Directeur général
Direct | 506.853.3565
nick.robichaud@moncton.camailto:nick.robichaud@moncton.ca
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From: Canadianmunicipal canadianmunicipal-bounces@lists.imla.org On Behalf Of Bonnie Andriachuk
Sent: Friday, January 29, 2021 6:37 PM
To: canadianmunicipal@lists.imla.org
Subject: [Candianmunicipal] City Solicitor Delegated Authority Question
Hello everyone - I hope you are all well. I have been asked to do some research relating to modernizing our legal services branch. It would help me greatly, if I could gain some insights from each of you on the following questions as part of the governance pieces:
Does your City Solicitor position report to the City Manager (or someone else in Administration) or Council? City Manager
Are the City Solicitor delegations set by legislation, a separate bylaw (designated officer) or part of City Administration bylaw for delegations? (Does the City Solicitor’s delegated authorities flow directly from Council or from City Manager)? Is it clear in some documentation (policy, bylaw, delegated authority) that the City Solicitor has direct access to Council? I’m in the process of working on some delegations for my position. There is nothing specific to city solicitor delegation in our Local Governance Act; any delegation would be done via by-law, like any other officer. Also, no formal documentation stating that City Solicitor has direct access to Council (but I’ve always assumed such authority given my professional responsibility to the Corporation).
Can you share the wording for the delegated authorities for the City Solicitor? None at this time
Are there any functions that report to the City Solicitor (ie. risk, strategy, corporate security, clerks, etc)? City clerk; Claims, insurance and risk management
I look forward to hearing from all of you and if anyone is interested in our compiled answers, please let me know and I will be happy to pass it along! Enjoy the weekend and stay well.
Bonnie L. Andriachuk, Q.C. (she/her)
City Solicitor
The City of Edmonton
9th Floor, Chancery Hall
3 Sir Winston Churchill Square NW
Edmonton, Alberta T5J 2C3
Phone: 780-496-7203
The contents of this message, and any attachment(s) are confidential, proprietary to the City of Edmonton, and are intended only for the addressed recipient. If you have received this in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination, or distribution of this message, if misdirected, is prohibited.
The contents of this message and any attachment(s) are confidential, proprietary to the City of Edmonton, and are intended only for the addressed recipient. If you have received this in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination, or distribution of this message, if misdirected, is strictly prohibited.
Any correspondence with employees, agents, or elected officials of the City of Moncton may be subject to disclosure under the provisions of the Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6.
Toute correspondance entre ou avec les employés ou les élus de la Ville de Moncton pourrait être divulguée conformément aux dispositions de la Loi sur le droit à l’information et la protection de la vie privée, L.N.-B. 2009, ch. R-10.6.
I would be interested in the compiled answers as well!
Hope this helps:
Does your City Solicitor position report to the City Manager (or someone else in Administration) or Council?
Chief Administrative Officer currently although at times in the past the City Solicitor has reported to a Deputy CAO
Are the City Solicitor delegations set by legislation, a separate bylaw (designated officer) or part of City Administration bylaw for delegations? (Does the City Solicitor€™s delegated authorities flow directly from Council or from City Manager)? Is it clear in some documentation (policy, bylaw, delegated authority) that the City Solicitor has direct access to Council?
City Solicitor delegations are set by Council Policy (as recommended by CAO) and example is settlement authority. There are also CAO administrative policies around issues such as “when to call legal services” and the retention of outside legal services. I am still working on finalizing a clear employee indemnification policy.
Our Charter provides that the CAO is the head of the Administrative branch of government and further:
Reporting and accountability requirements
6 (1) The directors of departments of the Municipality
(a) are accountable to the Chief Administrative Officer for the performance of their duties; and
(b) shall submit the reports and recommendations required of them to, and through, the Chief Administrative Officer.
(2) A report or recommendation from the solicitor of the Municipality shall be presented to the Council by the solicitor and the Chief Administrative Officer shall be informed of the contents in advance of the presentation to the Council, unless the report or recommendation is with respect to the Chief Administrative Officer.
(3) Where a director of a department of the Municipality disagrees with a recommendation of the Chief Administrative Officer, the objections may be provided to the Chief Administrative Officer who shall present them to the Council. 2008, c. 39, s. 36.
Can you share the wording for the delegated authorities for the City Solicitor?
Administrative Order 49, Respecting the Settlement of Actions, Proceedings and Claims | Halifax.cahttps://www.halifax.ca/sites/default/files/documents/city-hall/legislation-by-laws/AO-49.pdf
Are there any functions that report to the City Solicitor (ie. risk, strategy, corporate security, clerks, etc)?
Solicitor services; litigation; prosecutors; Clerk’s office; municipal archives; records management; freedom of information and protection of privacy; risk and insurance (including now enterprise risk management)
Hello Bonnie,
Here are answers from Red Deer. Alberta! I would be interested in compiled answers once your finish your research.
MICHELLE BAER|City Solicitor
Legal Services
The City of Red Deer
Phone:403.406.8647|Fax:403.342.7321
This information transmitted is intended only for the addressee and may contain confidential, proprietary and/or privileged material which may be subject to solicitor/client privilege. Any unauthorized review, distribution or other use of or the taking of any action in reliance upon this information is prohibited. Attachment to this E-mail may contain viruses that could damage your computer system. We do not accept liability for any damage which may result from software viruses. If you received this in error, please contact the sender and delete or destroy this message and any copies.
From: Canadianmunicipal canadianmunicipal-bounces@lists.imla.org On Behalf Of Bonnie Andriachuk
Sent: January 29, 2021 2:37 PM
To: canadianmunicipal@lists.imla.org
Subject: [External] [Candianmunicipal] City Solicitor Delegated Authority Question
Hello everyone - I hope you are all well. I have been asked to do some research relating to modernizing our legal services branch. It would help me greatly, if I could gain some insights from each of you on the following questions as part of the governance pieces:
Does your City Solicitor position report to the City Manager (or someone else in Administration) or Council? I report directly to a General Manager, who reports to the CM.
Are the City Solicitor delegations set by legislation, a separate bylaw (designated officer) or part of City Administration bylaw for delegations? Ours are found within a bylaw that addresses numerous CM delegations. (Does the City Solicitor’s delegated authorities flow directly from Council or from City Manager)? Is it clear in some documentation (policy, bylaw, delegated authority) that the City Solicitor has direct access to Council? This is not expressly stated anywhere – In practise I explain that my authority to do this flows from my professional obligations – (City as client)
Can you share the wording for the delegated authorities for the City Solicitor? We are updating ours within the next 2 months. Reach out again and I would be happy to share!
Are there any functions that report to the City Solicitor (ie. risk, strategy, corporate security, clerks, etc)? Risk, insurance/claims.
I look forward to hearing from all of you and if anyone is interested in our compiled answers, please let me know and I will be happy to pass it along! Enjoy the weekend and stay well.
Bonnie L. Andriachuk, Q.C. (she/her)
City Solicitor
The City of Edmonton
9th Floor, Chancery Hall
3 Sir Winston Churchill Square NW
Edmonton, Alberta T5J 2C3
Phone: 780-496-7203
The contents of this message, and any attachment(s) are confidential, proprietary to the City of Edmonton, and are intended only for the addressed recipient. If you have received this in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination, or distribution of this message, if misdirected, is prohibited.
The contents of this message and any attachment(s) are confidential, proprietary to the City of Edmonton, and are intended only for the addressed recipient. If you have received this in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination, or distribution of this message, if misdirected, is strictly prohibited.
Could you please take our accountspayable address off you sender list.
Thank You
Accounts Payable
Cape Breton Regional Municipality
(902) 563-5035
wrmackinnon@cbrm.ns.ca
From: Canadianmunicipal [mailto:canadianmunicipal-bounces@lists.imla.org] On Behalf Of Michelle Baer
Sent: February-02-21 2:55 PM
To: Bonnie Andriachuk bonnie.andriachuk@edmonton.ca; canadianmunicipal@lists.imla.org
Subject: Re: [Candianmunicipal] [External] City Solicitor Delegated Authority Question
Hello Bonnie,
Here are answers from Red Deer. Alberta! I would be interested in compiled answers once your finish your research.
MICHELLE BAER|City Solicitor
Legal Services
The City of Red Deer
Phone:403.406.8647|Fax:403.342.7321
This information transmitted is intended only for the addressee and may contain confidential, proprietary and/or privileged material which may be subject to solicitor/client privilege. Any unauthorized review, distribution or other use of or the taking of any action in reliance upon this information is prohibited. Attachment to this E-mail may contain viruses that could damage your computer system. We do not accept liability for any damage which may result from software viruses. If you received this in error, please contact the sender and delete or destroy this message and any copies.
From: Canadianmunicipal <canadianmunicipal-bounces@lists.imla.orgmailto:canadianmunicipal-bounces@lists.imla.org> On Behalf Of Bonnie Andriachuk
Sent: January 29, 2021 2:37 PM
To: canadianmunicipal@lists.imla.orgmailto:canadianmunicipal@lists.imla.org
Subject: [External] [Candianmunicipal] City Solicitor Delegated Authority Question
Hello everyone - I hope you are all well. I have been asked to do some research relating to modernizing our legal services branch. It would help me greatly, if I could gain some insights from each of you on the following questions as part of the governance pieces:
Does your City Solicitor position report to the City Manager (or someone else in Administration) or Council? I report directly to a General Manager, who reports to the CM.
Are the City Solicitor delegations set by legislation, a separate bylaw (designated officer) or part of City Administration bylaw for delegations? Ours are found within a bylaw that addresses numerous CM delegations. (Does the City Solicitor’s delegated authorities flow directly from Council or from City Manager)? Is it clear in some documentation (policy, bylaw, delegated authority) that the City Solicitor has direct access to Council? This is not expressly stated anywhere – In practise I explain that my authority to do this flows from my professional obligations – (City as client)
Can you share the wording for the delegated authorities for the City Solicitor? We are updating ours within the next 2 months. Reach out again and I would be happy to share!
Are there any functions that report to the City Solicitor (ie. risk, strategy, corporate security, clerks, etc)? Risk, insurance/claims.
I look forward to hearing from all of you and if anyone is interested in our compiled answers, please let me know and I will be happy to pass it along! Enjoy the weekend and stay well.
Bonnie L. Andriachuk, Q.C. (she/her)
City Solicitor
The City of Edmonton
9th Floor, Chancery Hall
3 Sir Winston Churchill Square NW
Edmonton, Alberta T5J 2C3
Phone: 780-496-7203
The contents of this message, and any attachment(s) are confidential, proprietary to the City of Edmonton, and are intended only for the addressed recipient. If you have received this in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination, or distribution of this message, if misdirected, is prohibited.
The contents of this message and any attachment(s) are confidential, proprietary to the City of Edmonton, and are intended only for the addressed recipient. If you have received this in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination, or distribution of this message, if misdirected, is strictly prohibited.
Good afternoon
Below is response on behalf of the City of Regina. We also would be interested in compiled answers when this research question is complete.
Thank you.
Byron Werry
City Solicitor
Office of the City Solicitor
P: 306.777.7989
F: 306.777.6818
E: bwerry@regina.camailto:bwerry@regina.ca
Regina.cahttp://www.regina.ca/
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From: Canadianmunicipal canadianmunicipal-bounces@lists.imla.org On Behalf Of Bonnie Andriachuk
Sent: Friday, January 29, 2021 3:37 PM
To: canadianmunicipal@lists.imla.org
Subject: [External email] [Candianmunicipal] City Solicitor Delegated Authority Question
Hello everyone - I hope you are all well. I have been asked to do some research relating to modernizing our legal services branch. It would help me greatly, if I could gain some insights from each of you on the following questions as part of the governance pieces:
Does your City Solicitor position report to the City Manager (or someone else in Administration) or Council? City Solicitor reports to City Manager. City Solicitor is appointed by City Council.
Are the City Solicitor delegations set by legislation, a separate bylaw (designated officer) or part of City Administration bylaw for delegations? (Does the City Solicitor's delegated authorities flow directly from Council or from City Manager)? Bylaw No. 2003-69 The Regina Administration Bylaw, Part IV-Legal Administration Is it clear in some documentation (policy, bylaw, delegated authority) that the City Solicitor has direct access to Council? Bylaw No. 2003-70 The City Manager's Bylaw, s.16
Can you share the wording for the delegated authorities for the City Solicitor? Bylaws can be found on Regina.cahttps://www.regina.ca/bylaws-permits-licences/bylaws/ Click for The Regina Administration Bylawhttps://www.regina.ca/bylaws-permits-licences/bylaws/Administration-Bylaw/ and The City Manager's Bylawhttps://www.regina.ca/bylaws-permits-licences/bylaws/City-Managers-Bylaw/
Are there any functions that report to the City Solicitor (ie. risk, strategy, corporate security, clerks, etc)? Risk Management, Prosecutions, Bylaw Enforcement, Licensing & Parking Services
I look forward to hearing from all of you and if anyone is interested in our compiled answers, please let me know and I will be happy to pass it along! Enjoy the weekend and stay well.
Bonnie L. Andriachuk, Q.C. (she/her)
City Solicitor
The City of Edmonton
9th Floor, Chancery Hall
3 Sir Winston Churchill Square NW
Edmonton, Alberta T5J 2C3
Phone: 780-496-7203
The contents of this message, and any attachment(s) are confidential, proprietary to the City of Edmonton, and are intended only for the addressed recipient. If you have received this in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination, or distribution of this message, if misdirected, is prohibited.
The contents of this message and any attachment(s) are confidential, proprietary to the City of Edmonton, and are intended only for the addressed recipient. If you have received this in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination, or distribution of this message, if misdirected, is strictly prohibited.
CAUTION: This email originated from outside the organization. Do not open links or attachments you were not expecting, even from known senders. Contact the TDI ServiceDesk at 306-777-7980 if the email is suspicious.
DISCLAIMER: The information transmitted is intended only for the addressee and may contain confidential, proprietary and/or privileged material. Any unauthorized review, distribution or other use of or the taking of any action in reliance upon this information is prohibited. If you received this in error, please contact the sender and delete or destroy this message and any copies.
