The city solicitor gave the all-clear to bylaw changes to North Battleford's purchasing policy at Monday's council meeting.
The amendments to the administration bylaw were signed and sealed at the meeting.
The bylaw changes had proven contentious over wording that gave cheque signing authority of the "City Manager, City Clerk or Director of Human Resources as the first signator and the Director of Finance, City Assessor/Office Manager or Financial Accountant as the second signator."
At a Sept.12 meeting, Councillor Trent Houk spoke out against the changes, pointing to wording of section 5 of the new policy. Houk voiced his opposition to handing over signing authority to administration officials, while at the same time expressing concern that individual councillors could be held personally liable under the policy.
But a legal opinion from city solicitor Eldon Lindgren suggested the new policy was perfectly legal and councillors would not be liable.
Lindgren stated, "in the event that an expenditure is included in the city budget, which has been approved, that expenditure may be made should it be on or under budget without being returned to council for approval for payment."
As for the policy containing possible variances to the budgeted items, he noted such a provision "is not contrary to the Cities Act."
"We are of the opinion that the adoption of such policy does not contravene Section 162 of the Cities Act and would not place any member of council in a position of personal liability," stated Lindgren.
Lindgren also stated section 313 of the Cities Act provides further notice provisions and protection to individual members of council, subject to the over-riding principle that any member of council must act in good faith.
As for the bylaw amendments with respect to cheque signing, Lindgren stated there is no contravention of the Cities Act there either, noting administration bylaws for Prince Albert and Swift Current provide for cheques to be signed by a combination of city administration officials and do not require the signature of any elected official.
The legal opinion eased Houk's concerns, but said he still wouldn't support the purchasing policy.
Houk later voted no to the bylaw changes. Brad Pattinson also couldn't support the bylaw changes, saying he believed cheque signing authority should stay with the mayor and the deputy mayor.
