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Legal Department fonds

https://search.heritageburnaby.ca/link/archivedescription78
Repository
City of Burnaby Archives
Date
1942-2018
Collection/Fonds
Legal Department fonds
Description Level
Fonds
Physical Description
30 m of textual records
Scope and Content
Fonds consists of those records created by the City Solicitor and property negotiators in the process of fulfilling their roles as legal counsel and land agents for the City of Burnaby.
Repository
City of Burnaby Archives
Date
1942-2018
Collection/Fonds
Legal Department fonds
Physical Description
30 m of textual records
Description Level
Fonds
Access Restriction
Subject to FOIPPA
Reproduction Restriction
Reproductions subject to FOIPPA
Scope and Content
Fonds consists of those records created by the City Solicitor and property negotiators in the process of fulfilling their roles as legal counsel and land agents for the City of Burnaby.
History
The City of Burnaby Legal Department was formally established on April 20, 1954, when City Council called for the appointment of a full-time City Solicitor to manage the legal affairs of the City and all its boards and departments. This decision followed a report presented by Councilor Hean on March 8 of that year which listed a number of reasons why such an appointment was necessary and recommended that the City employ a full-time Solicitor and a support staff comprised of an assistant solicitor and a stenographer. Councilor Hean’s report was initially referred to a Committee of Council for further study, but was endorsed by the Committee of the Whole on March 29, 1954, and on August 23, Mr. William L. Stirling was appointed as the first Solicitor for the City of Burnaby. Prior to the development of the City’s Legal Department, it was the practice of City Council to appoint a law firm to act as legal counsel for the Municipality, but the last lawyer on retainer for the City was dismissed on May 17, 1954, because of the imminent creation of a Municipal Legal Department. Initially, the City Solicitor was expected to report to the City Clerk who was Chief Executive Officer for the Municipal government. However, the reporting relationships within the City were altered in 1957 with the adoption of Bylaw No. 3859. Bylaw No. 3859 (the Municipal Manager Bylaw) heralded the appointment of a Municipal Manager who became the administrative head of the City and to whom all departments reported, including the Legal Department. Regardless of the administrative hierarchy within which the Department operated, its mandate has remained quite consistent since its inception. The City of Burnaby Legal Department’s primary functions are: providing legal advice to City Council and other City departments; drafting bylaws; negotiating and drafting contracts involving the City; dealing with claims both by and against the City; and managing legal proceedings involving the City. From 1979 onwards, the Legal Department also acted as the main land agent for the City by managing the acquisition and disposal of land, the leasing of City land and the negotiations of rights of way and other land related agreements. Prior to 1979, this function was the responsibility of the Treasury Department, but after an organizational review in late 1978, Council decided that the Land Agent should act under the authority of the Municipal Solicitor. As a result of fulfilling these two broad roles within the City – that of providing legal services and that of acting as land agents – the Department was renamed the Legal and Lands Department and came to include not only a City Solicitor but also property negotiators and a number of legal assistants. In 2017, City land acquisition and sales were transferred from Legal Services to the newly-established Realty and Lands division of the Public Safety and Community Services Department. In 2018, Legal Services was brought under the new Corporate Services Department. The following individuals have held the role of Municipal Solicitor: William L. Stirling 1954-1983 Patricia Flieger 1983-1998 Bruce Rose 1998-Present May Leung 2015-Present
Media Type
Textual Record
Creator
City of Burnaby
Notes
Title based on contents of fonds.
Less detail