Duties of board:
68.(1)It is the duty of the board of control, to prepare estimates (a) to prepare estimates of the proposed expenditure of the year and certify them to the council for its consideration; to award contracts (b) to prepare specifications for and award all contracts and for that purpose to call for all tenders for works, material, and supplies, implements, machinery, or other goods or property required and that may lawfully be purchased for the use of the corporation, and to report its action to the council at its next meeting; to inspect municipal works (c) to inspect and report to the council monthly or oftener upon all municipal works being carried on or in progress; to nominate officers of corporation (d) to nominate to the council all heads of departments and sub-departments in case of a vacancy and, after a favourable report by the head of the department, any other officer of the corporation required to be appointed by by-law or resolution of the council, and any other permanent officers, clerks or assistants, and to recommend the salaries of all officers and clerks. Dismissal of department heads (2)The board of control may dismiss or suspend any head of a department and shall forthwith report such dismissal or suspension to the council. Appropriation and expenditure (3)The council shall not appropriate or expend, nor shall any officer thereof expend or direct the expenditure of any sum not provided for by the estimates or by a special or supplementary estimate certified by the board to the council, without a two-thirds vote of the council authorizing such appropriation or expenditure, but this prohibition does not extend to the payment of any debenture or other debt or liability of the corporation. Head of department to be present when tenders are opened (4)When opening tenders, the board shall require the presence of the head of the department or sub-department with which the subject-matter of them is connected and, when requisite, the presence of the municipal solicitor. Discussion as to tenders (5)The head of such department or sub-department may take part in any discussion at the board relating to the tenders. Reversal by council of action of board (6)The council shall not without a two-thirds vote reverse or vary the action of the board in respect of the tenders, when the effect of such vote would be to increase the cost of the work or to award the contract to a tender other than the one to whom the board has awarded it. Appointment of head of department on nomination of board (7)No head of a department or sub-department or other permanent officer, clerk or assistant shall be appointed or selected by the council in the absence of the nomination of the board as provided by clause (1) (d), without a two-thirds vote. Reinstatement of dismissed head (8)A head of a department who has been dismissed by the board shall not be reappointed or reinstated by the council without a two-thirds vote. Controlling appointments and duties (9)In the absence of a by-law of the council prescribing the mode of appointing, engaging or employing any officers, clerks, assistants and employees not included in clause (1) (d), the board may direct by whom and in what manner they shall be appointed, engaged or employed. Submission of by-laws (10)The board may submit proposed by-laws to the council. Amalgamation of departments (11)The board, where in its opinion it is desirable, may amalgamate departments or sub-departments. Secretary of board (12)The board may appoint a secretary or clerk who shall keep minutes of its proceedings, prepare its reports and perform such other duties as may be assigned by the board or by the mayor or the council. Other duties assigned by council (13)The council may by by-law or resolution assign to the board such other duties as the council considers proper. Copies of minutes, when to be furnished to council (14)The board, when so required by resolution of the council, and upon one week’s notice thereof, shall furnish to the council copies of the minutes of its proceedings and any other information in its possession that the council may require. Referring matter back for reconsideration (15)The council may refer back to the board any report, nomination, question or matter for reconsideration. Recording votes on action of board (16)Where it is sought in council to reverse, set aside or vary the action of the board, or where a two-thirds vote is required, the vote by yeas and nays shall be recorded in the minutes of the council. R.S.O. 1990, c. M.45, s. 68 (1-16). (17)Repealed: 1997, c. 29, s. 24. Certain officers not to be nominated by board (18)Clause (1) (d) does not apply to a member of the fire department, except the head of it, or to a representative of the council upon the board of a harbour trust, or of a corporation on the board of which the council is entitled to elect a representative. Exclusive rights of board (19)Despite this Act, the duties assigned to the board shall be discharged exclusively by the board, except in the case mentioned in subsection (10). R.S.O. 1990, c. M.45, s. 68 (18, 19). PART VI   OFFICERS OF MUNICIPAL CORPORATIONS The Head