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Initials of Mayor and CAO:
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THE VILLAGE OF IRMA, AB
BYLAW 20-08
A BYLAW TO ESTABLISH A CODE OF CONDUCT FOR MEMBERS OF COUNCIL
WHEREAS, pursuant to section 146.1(1) of the Municipal Government Act, a council must, by
bylaw, establish a code of conduct governing the conduct of councillors;
AND WHEREAS, pursuant to section 146.1(3) of the Municipal Government Act, a council may,
by bylaw, establish a code of conduct governing the conduct of members of council committees
and other bodies established by the council who are not councillors;
AND WHEREAS, pursuant to section 153 of the Municipal Government Act, councillors have a
duty to adhere to the code of conduct established by the council;
AND WHEREAS the public is entitled to expect the highest standards of conduct from the
members that it elects to council for the Village of Irma;
AND WHEREAS the establishment of a code of conduct for members of council is consistent
with the principles of transparent and accountable government;
AND WHEREAS a code of conduct ensures that members of council share a common
understanding of acceptable conduct extending beyond the legislative provisions governing the
conduct of councillors;
NOW THEREFORE the Council of the Village of Irma in the Province of Alberta, duly
assembled, enacts as follows:
1. Short Title
1.1. This Bylaw may be referred to as the "Council Code of Conduct Bylaw".
2. Definitions
2.1. In this Bylaw, words have the meanings set out in the Act, except that:
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a)
"Act" means the Municipal Government Act, R.S.A. 2000, c. M-26, and
associated regulations, as amended;
b)
"Administration" means the administrative and operational arm of the
Municipality, comprised of the various departments and business units and
including all employees who operate under the leadership and supervision of
the Chief Administrative Officer;
c)
"CAO" means the chief administrative officer of the Municipality, or their
delegate;
d)
"FOIP" means the Freedom of Information and Protection of Privacy Act,
R.S.A. 2000, c. F-25, any associated regulations, and any amendments or
successor legislation;
e)
"Investigator" means Council or the individual or body established by Council
to investigate and report on complaints;
f)
"Member" means a member of Council and includes a councillor or the Mayor
and includes members of council committees or other bodies established by
Council who are not councillors or the Mayor like FCSS or Fire Smart;
g)
"Municipality" means the municipal corporation of the Village of Irma;
h)
"Pecuniary interest" as per the MGA definition means a councillor has a
pecuniary interest in a matter if (a) the matter could monetarily affect the
councillor or an employer of the councillor, or (b) the councillor knows or
should know that the matter could monetarily affect the councillor's family.
3. Purpose and Application
3.1. The purpose of this Bylaw is to establish standards for the ethical conduct of Members
relating to their roles and obligations as representatives of the Municipality and a
procedure for the investigation and enforcement of those standards.
4. Representing the Municipality
4.1. Members shall:
a)
act honestly and, in good faith, serve the welfare and interests of the
Municipality as a whole;
b)
perform their functions and duties in a conscientious and diligent manner with
integrity, accountability and transparency;
c)
conduct themselves in a professional manner with dignity and make every
effort to participate diligently in the meetings of Council, committees of Council
and other bodies to which they are appointed by Council; and
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d)
arrange their private affairs and conduct themselves in a manner that
promotes public confidence and will bear close public scrutiny.
e)
Attend council, council committee and meetings of other bodies in a capacity
to make clear representation of the public interest without incapacitation due
to the influence of alcohol, narcotics or other substances.
5. Communicating on Behalf of the Municipality
5.1. A Member must not claim to speak on behalf of Council unless authorized to do so.
5.2. Unless Council directs otherwise, the Mayor is Council's official spokesperson and in
the absence of the Mayor it is the Deputy Mayor. All inquiries from the media regarding
the official Council position on an issue shall be referred to Council's official
spokesperson.
5.3. A Member who is authorized to act as Council's official spokesperson must ensure that
their comments accurately reflect the official position and will of Council as a whole,
even if the Member personally disagrees with Council's position.
5.4. No Member shall make a statement when they know that statement is false.
5.5. No Member shall make a statement with the intent to mislead Council or members of
the public.
6. Respecting the Decision-Making Process
6.1. Decision making authority lies with Council, and not with any individual Member.
Council may only act by bylaw or resolution passed at a Council meeting held in public
at which there is a quorum present. No Member shall, unless authorized by Council,
attempt to bind the Municipality or give direction to employees in Administration,
agents, contractors, consultants or other service providers or prospective vendors to
the Municipality.
6.2. Members shall conduct and convey Council business and all their duties in an open
and transparent manner other than for those matters which by law are authorized to be
dealt with in a confidential manner in session, and in so doing, allow the public to view
the process and rationale which was used to reach decisions and the reasons for
taking certain actions.
6.3. Members shall accurately communicate the decisions of Council, even if they disagree
with Council's decision, such that respect for the decision-making processes of Council
is fostered.
7. Adherence to Policies, Procedures and Bylaws
7.1. Members shall uphold the law established by the Parliament of Canada and the
Legislature of Alberta and the bylaws, policies and procedures adopted by Council.
7.2. Members shall respect the Municipality as an institution, its bylaws, policies and
procedures and shall encourage public respect for the Municipality, its bylaws, policies
and procedures.
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7.3. A Member must not encourage disobedience of any bylaw, policy or procedure of the
Municipality in responding to a member of the public, as this undermines public
confidence in the Municipality and in the rule of law.
8. Respectful Interactions with Council Members, Staff, the Public and Others
8.1. Members shall act in a manner that demonstrates fairness, respect for individual
differences and opinions, and an intention to work together for the common good and
in furtherance of the public interest.
8.2. Members shall treat one another, employees of the Municipality and members of the
public with courtesy, dignity and respect and without abuse, bullying or intimidation.
8.3. No Member shall use indecent, abusive, or insulting words or expressions toward
another Member, any employee of the Municipality or any member of the public.
8.4. No Member shall speak in a manner that is discriminatory to any individual based on
the person's race, religious beliefs, colour, gender, physical disability, mental disability,
age, ancestry, place of origin, marital status, source of income, family status or sexual
orientation.
8.5. Members shall respect the fact that employees in Administration work for the
Municipality as a corporate body and are charged with making recommendations that
reflect their professional expertise and a corporate perspective and that employees are
required to do so without undue influence from any Member or group of Members.
8.6. Members must not:
a) involve themselves in matters of Administration, which fall within the jurisdiction
of the "CAO" as defined above and all efforts to communicate with Council
outside the established line of communication will be reverted back to the "CAO"
regardless;
b) use, or attempt to use, their authority or influence for the purpose of intimidating,
threatening, coercing, commanding or influencing any employee of the
Municipality with the intent of interfering in the employee's duties; or
c) Maliciously or falsely injure the professional or ethical reputation, or the
prospects or practice of employees of the Municipality.
9. Discipline of Council Members
9.1. Breach of any part of this bylaw can result in discipline of the council member
9.2. There must be a written complaint by an 18 year old which outlines the breach of the
council member as a first step. This should be received at the Village Office. This
complaint must be about a breach of this Bylaw only.
9.3. Once a written complaint is received it will be heard at the next meeting the remaining
council will make a ruling on the breach. The council may punish the breach with the
following:
9.4. a letter of reprimand which outlines the breach addressed to the council member
9.5. a request that the Councillor issue a letter of apology
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9.6. publication of a letter of reprimand or request for apology and the council member's
response
9.7. a requirement to attend some form of training
9.8. suspension or removal of the appointment of a council member from some or all
council committees and bodies to which council has the right to appoint members
9.9. reduction or suspension of remuneration as defined in section 275.1 of the Act
corresponding to a reduction in duties, excluding allowance for attending council
meetings
9.10. Any ruling on a breach can be appealed in writing to: the Mayor, Deputy Mayor, or
majority of council within 30 days of the party being noticed. If there is an appeal an
independent arbitrator will be hired to give ruling on the item in question. The costs will
be incurred by the municipality. If there was a reduction in remuneration for the council
member meetings will be tracked and if the applicant is successful in their appeal all
meetings will be back paid with the appropriate remuneration rate.
10. Council Orientation and Training
10.1. After each election the municipality will offer training to the members of council. This
training will be free for council members and costs incurred by council members to
attend can be reimbursed by regular village policies.
10.2. Attendance for Council Orientation and Training is not mandatory but is strongly
encouraged.
10.3. Council can also authorize training, conventions, conferences, or events for members
at any regular or special council meeting.
11. Conduct in Meetings
11.1 Members of the public during a Meeting shall:
a) Address Council with the permission of the Chairperson;
b) Maintain order and remain quiet;
c)
Not interrupt a speech of a Council Member or other Person addressing
Council.
11.2 The Chairperson may order a member of the public who disturbs or acts improperly at
a Meeting by words or actions to be expelled.
12. Council Conduct in Meetings
12.1 A Council Member wishing to speak at a Meeting shall obtain the approval of the
Chairperson before speaking.
12.2 When a Council Member is addressing the Chairperson, every other Council Member
shall:
a) Remain quiet and seated;
b) Not interrupt the speaker, except to raise a Point of Order;
c)
Not carry on a private conversation; and
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d) Not cross between the speaker and Chairperson.
12.3 A Council Member addressing the Meeting shall:
a) Not use offensive words in referring to a Council Member, or to an official
of the Village or member of the public;
b) Shall not reflect on the motives of the Council Members who voted on a
motion or the mover of the motion;
c) Not shout, use an immoderate tone of voice, profane, vulgar or offensive
language, break the rules of Council, nor disturb the proceedings; and
d) Assume personal responsibility for a statement quoted and upon request of
a Council Member, shall give the source of the information.
12.4 No Council Member shall leave the Meeting after a question is put to a vote until the
vote has been taken.
12.5 A Council Member must be seated, remain seated and be silent from the time the vote
is called for until the vote is declared.
12.6 Members of Council will Conduct themselves in accordance with all Provincial
Legislation.
12.7 Council members will work with colleagues in the spirit of cooperation.
13. Calling a Council Member to Order
13.1 When the Chairperson calls a Council Member to order, the Council Member speaking
shall remain silent until the Chairperson has ruled that the Council Member may
explain the action resulting in the Call to Order.
13.2 In the event that the Council Member refuses to come to order, the meeting will be
adjourned for up to 15 minutes so calm can be restored and common sense prevail.
The Chair has direct authority to adjourn the meeting without motion.
14. Challenge to the Ruling of the Chair
14.1 The decision of the Chairperson shall be final, subject to an immediate appeal by a
Council Member in attendance at the Meeting.
14.2 If the Chairperson's decision is appealed, they shall give concise reasons for their
ruling and the Council Members without debate, shall decide the question. The
decision of Council shall be final.
15. Confidential Information
15.1. Members must keep in confidence matters discussed in private at a Council or Council
committee meeting until the matter is discussed at a meeting held in public.
15.2. Members shall refrain from disclosing any confidential information acquired by virtue of
their office except when required by law or authorized by Council to do so.
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15.3. No Member shall use confidential information for personal benefit or for the benefit
of any other individual organization.
15.4. In the course of their duties, Members may also become privy to confidential
information received outside of an "in-session" meeting. Members must not:
a) disclose or release by any means to any member of the public, including the
media, any confidential information acquired by virtue of their office, unless
the disclosure is required by law or authorized by Council to do so;
b) access or attempt to gain access to confidential information in the custody or
control of the Municipality unless it is necessary for the performance of the
Member's duties and is not otherwise prohibited by Council, and only then if
the information is acquired through appropriate channels in accordance with
applicable Council bylaws and policies;
c) use confidential information for personal benefit or for the benefit of any other
individual or organization.
15.5. Confidential information includes information in the possession of, or received in
confidence by, the Municipality that the Municipality is prohibited from disclosing
pursuant to legislation, court order or by contract, or is required to refuse to disclose
under FOIP or any other legislation, or any other information that pertains to the
business of the Municipality, and is generally considered to be of a confidential
nature, including but not limited to information concerning:
a)
the security of the property of the Municipality;
b)
a proposed or pending acquisition or disposition of land or other property;
c)
a tender that has or will be issued but has not been awarded;
d)
contract negotiations;
e)
employment and labour relations;
f)
draft documents and legal instruments, including reports, policies, bylaws
and resolutions, that have not been the subject matter of deliberation in a
meeting open to the public;
g)
law enforcement matters;
h)
litigation or potential litigation, including matters before administrative
tribunals; and
i)
advice that is subject to solicitor-client privilege.
15.6 For the period of twelve (12) months after leaving office, abide by the ethical
standards of conduct listed above, except those related to confidential information,
which shall apply in perpetuity.
16. Conflicts of Interest
16.1. Members have a statutory duty to comply with the pecuniary interest provisions
set out in Part 5, Division 6 of the Act and a corresponding duty to vote
unless required or permitted to abstain under the Act or another enactment.
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16.2.
Members are to be free from undue influence and not act or appear to act in
order to gain financial or other benefits for themselves, family, friends or
associates, business or otherwise.
16.3.
It is the individual responsibility of each Member to seek independent legal
advice, at the Member's sole expense, with respect to any situation that may
result in a pecuniary or other conflict of interest.
17. Improper Use of Influence
17.1.
No Member shall use the influence of the Member's office for any purpose other
than for the exercise of the Member's official duties.
17.2.
No Member shall act as a paid agent to advocate on behalf of any individual,
organization or corporate entity before Council or a committee of Council or any
other body established by Council.
17.3.
Members shall not contact or otherwise attempt to influence members of any
adjudicative body regarding any matter before it relating to the Municipality.
17.4.
Members shall refrain from using their positions to obtain employment with the
Municipality for themselves, family members or close associates. Members are
ineligible to apply or be considered for any position with the Municipality while
they hold their elected position and for one year after leaving office.
18. Use of Municipal Assets and Services
18.1. Members shall use municipal property, equipment, services, supplies and staff
resources only for the performance of their duties as a Member.
18.2.
Members shall use municipal property, equipment, services, supplies and staff
resources only for the performance of their duties as a Member, subject to the
following limited exceptions:
a) municipal property, equipment, service, supplies and staff resources that are
available to the general public may be used by a Member for personal use up
on the same terms and conditions as members of the general public,
including booking and payment of any applicable fees or charges;
b) electronic communication devices, including but not limited to desktop
computers, laptops, tablets and smart phones, which are supplied by the
Municipality to a Member may be used by the Member for personal use,
provided that the use is not for personal gain, offensive or inappropriate.
19. Orientation and Other Training Attendance
19.1.
Every Member must attend the orientation training offered by the Municipality
within 90 days after the Member takes the oath of office.
19.2.
Every Member must attend all orientation and other training organized at the
direction of Council for the benefit of Members throughout the Council term.
19.3.
Members are stewards of public resources and shall avoid waste, abuse and
extravagance in the use of public resources.
19.4.
Members shall be transparent and accountable with respect to all expenditures
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and strictly comply with all municipal bylaws, policies and procedures regarding
claims for remuneration and expenses.
Gifts and Hospitality
19.5.
Members shall not accept gifts, hospitality or other benefits that would, to a
reasonable member of the public, appear to be in gratitude for influence, to
induce influence, or otherwise to go beyond the necessary and appropriate public
functions involved.
Election Campaigns
19.6.
No Member shall use any facilities, equipment, supplies, services, municipal logo
or other resources of the Municipality for any election campaign or campaign-
related activity.
Informal Complaint Process
19.7. Any person [or] Any Member who has identified or witnessed conduct by a
Member that the Member reasonably believes, in good faith, is in contravention
of this Bylaw may address the prohibited conduct by:
a) advising the Member that the conduct violates this Bylaw and encouraging
the Member to stop,
b) requesting the Mayor and or Deputy Mayor to assist in informal discussion of
the alleged complaint with the Member in an attempt to resolve the issue. In
the event that the Mayor is the subject of, or is implicated in a complaint, the
person may request the assistance of the Deputy Mayor.
19.8.
Individuals are encouraged to pursue this informal complaint procedure as the
first means of remedying conduct that they believe violates this Bylaw. However,
an individual is not required to complete this informal complaint procedure prior to
pursuing the formal complaint procedure outlined below.
20. Formal Complaint Process
20.1.
Any person [or] Any Member who has identified or witnessed conduct by a
Member that the person [or] Member reasonably believes, in good faith, is in
contravention of this Bylaw may file a formal complaint in accordance with the
following procedure:
a) All complaints shall be made in writing and shall be dated and signed by an
identifiable individual;
b) All complaints shall be addressed to the Investigator;
c) The complaint must set out reasonable and probable grounds for the
allegation that the Member has contravened this Bylaw, including a detailed
description of the facts, as they are known, giving rise to the allegation;
d) If the facts, as reported, include the name of one or more Members who are
alleged to be responsible for the breach of this Bylaw, the Member or
Members concerned shall receive a copy of the complaint submitted to the
Investigator;
e) Upon receipt of a complaint under this Bylaw, the Investigator shall review the
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complaint and decide whether to proceed to investigate the complaint or not.
If the Investigator is of the opinion that a complaint is frivolous or vexatious or
is not made in good faith, or that there are no grounds or insufficient grounds
for conducting an investigation, the Investigator may choose not to investigate
or, if already commenced, may terminate any investigation, or may dispose of
the complaint in a summary manner. In that event, the complainant and
Council, if Council is not the Investigator, shall be notified of the Investigator's
decision;
f)
If the Investigator decides to investigate the complaint, the Investigator shall
take steps as it may consider appropriate, which may include seeking legal
advice. All proceedings of the Investigator regarding the investigation shall
be confidential;
g) If the Investigator is not Council, the Investigator shall, upon conclusion of the
investigation, provide the Council and the Member who is the subject of the
complaint, the results of the Investigator's investigation;
h) A Member who is the subject of an investigation shall be afforded procedural
fairness, including an opportunity to respond to the allegations before Council
deliberates and makes any decision or any sanction is imposed;
i)
A Member who is the subject of an investigation is entitled to be represented
by legal counsel, at the Member's sole expense.
21. Compliance and Enforcement
21.1.
Members shall uphold the letter and the spirit and intent of this Bylaw.
21.2.
Members are expected to co-operate in every way possible in securing
compliance with the application and enforcement of this Bylaw.
21.3.
No Member shall:
a) undertake any act of reprisal or threaten reprisal against a complainant or any
other person for providing relevant information to Council or to any other
person;
b) obstruct Council, or any other person, in carrying out the objectives or
requirements of this Bylaw.
21.4.
Sanctions that may be imposed on a Member, by Council, upon a finding that the
Member has breached this Bylaw may include:
a) a letter of reprimand addressed to the Member;
b) requesting the Member to issue a letter of apology;
c) publication of a letter of reprimand or request for apology and the Member's
response;
d) suspension or removal of the appointment of a Member as the chief elected
official under section 150(2) of the Act;
e) suspension or removal of the appointment of a Member as the deputy chief
elected official or acting chief elected official under section 152 of the Act;
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f) suspension or removal of the chief elected official's presiding duties under
section 154 of the Act;
g) suspension or removal from some or all Council committees and bodies to
which council has the right to appoint members;
h) reduction or suspension of remuneration as defined in section 275.1 of the
Act corresponding to a reduction in duties, excluding allowances for
attendance at council meetings;
i)
Any other sanction Council deems reasonable and appropriate in the
circumstances provided that the sanction does not prevent a Member from
fulfilling the legislated duties of a councillor and the sanction is not contrary to
the Act.
22. Review
22.1.
This Bylaw shall be brought forward for review at the beginning of each term of
Council, when relevant legislation is amended, and at any other time that Council
considers appropriate to ensure that it remains current and continues to
accurately reflect the standards of ethical conduct expected of Members.
READ a First time this 8th day December 2020.
READ a Second time this 8th day December 2020.
Given unanimous consent to proceed to THIRD READING this 8th day December 2020.
READ a Third time this 8th day December 2020.
SIGNED AND PASSED this 8th day December 2020.
The Village of Irma
The Province of Alberta, Canada
____________________________
Mayor
____________________________
Chief Administrative Officer