Code of Conduct for Council Members Bylaw No. 8408, 2023
New Westminster, British Columbia
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CORPORATION OF THE CITY OF NEW WESTMINSTER
CODE OF CONDUCT FOR COUNCIL MEMBERS BYLAW NO. 8408, 2023
(Adopted November 27, 2023)
This is a consolidation of the bylaws listed below. The amendment bylaws have been
combined with the original bylaw for convenience only. This consolidation is not a legal
document. Certified copies of the original bylaws should be consulted for all
interpretations and applications of the bylaws on this subject.
AMENDMENT BYLAW
EFFECTIVE DATE
Bylaw No. 8457, 2024
May 6, 2024
The bylaw numbers highlighted in this consolidation refer to the bylaws that amended the
principal Bylaw No. 8408, 2023. The number of any amending bylaw that has been
repealed is not referred to in this consolidation.
Obtainable from the Legislative Services Department
CONSOLIDATED FOR CONVENIENCE ONLY
(May 27, 2024)
THE CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 8408, 2023
THE CODE OF CONDUCT FOR COUNCIL MEMBERS
A bylaw to regulate the conduct of Council Members
TABLE OF CONTENTS
Part 1 - General................................................................................................................................ 3
Citation .......................................................................................................................................................... 3
Definitions .................................................................................................................................................... 3
Foundational Principles................................................................................................................................. 5
Purpose and Interpretation .......................................................................................................................... 5
Application .................................................................................................................................................... 6
Severability .................................................................................................................................................... 6
Part 2 - Council Member Conduct ...................................................................................................... 6
Comply With All Laws ................................................................................................................................... 6
General Conduct ........................................................................................................................................... 7
Respect for Process ....................................................................................................................................... 7
Interactions with Staff................................................................................................................................... 7
Interactions with the Public and Media ........................................................................................................ 8
Conduct of Meetings ..................................................................................................................................... 8
Handling of Confidential Information ........................................................................................................... 8
Conflicts of Interest ....................................................................................................................................... 9
Gifts ............................................................................................................................................................... 9
Use of Public Resources .............................................................................................................................. 10
Part 3 - Appointment of Ethics Commissioner .................................................................................. 10
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Interim or Ad Hoc Appointment ................................................................................................................. 11
Duties and Responsibilities ......................................................................................................................... 11
Part 4 - Complaint and Resolution Procedures .................................................................................. 12
Preliminary Steps ........................................................................................................................................ 12
Complaint Procedure .................................................................................................................................. 13
Preliminary Assessment .............................................................................................................................. 13
Criminal Conduct ......................................................................................................................................... 14
Disqualification Proceedings ....................................................................................................................... 14
Informal Resolution .................................................................................................................................... 15
Formal Resolution ....................................................................................................................................... 16
Adjudication and Reporting ........................................................................................................................ 17
Final Determination by Council ................................................................................................................... 18
Remedies ..................................................................................................................................................... 18
Confidentiality of Investigation ................................................................................................................... 19
Obstruction ................................................................................................................................................. 20
Frivolous and Vexatious Complaints ........................................................................................................... 20
Reimbursement of Costs ............................................................................................................................. 20
Part 5 - Enactment ........................................................................................................................... 21
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THE CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 8408, 2023
THE CODE OF CONDUCT FOR COUNCIL MEMBERS
A bylaw to regulate the conduct of Council Members.
WHEREAS Council Members are keepers of the public trust and must uphold the highest
standards of ethical behaviour in order to build and maintain the public's trust and confidence in
local government;
AND WHEREAS it is to the benefit of the community for Council Members to conduct their
business in accordance with the guiding principles of integrity, transparency, accountability,
civility, respect, leadership and collaboration;
AND WHEREAS a Code of Conduct Bylaw expresses standards of conduct expected for Council
Members;
THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of New Westminster,
in open meeting assembled, hereby ENACTS AS FOLLOWS:
PART 1 - GENERAL
Citation
(1)
This Bylaw may be cited as the "City of New Westminster Code of Conduct".
Definitions
(2)
In this Bylaw:
"CAO" means the Chief Administrative Officer for the City;
"City" means the Corporation of the City of New Westminster;
"Committee Member" means a person appointed to a committee, sub-committee, task
force, commission, board, or other Council-established body under the Community
Charter - Part 5, Division 4 - Committees, Commissions and Other Bodies, or the Local
Government Act, but does not include a Council Member;
"Confidential Information" includes information that could reasonably harm the
interests of individuals or organizations, including the City, if disclosed to persons who are
not authorized to access the information, as well as information that may or must be
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considered by Council in a closed meeting to which section 117 of the Community Charter
applies, including:
(a) decisions, resolutions or report contents forming part of the agenda for
or from a closed meeting of Council until a Council decision has been made
for the information to become public or otherwise released;
(b) information about the acquisition, disposition or expropriation of land
or improvements if disclosure could reasonably be expected to harm the
interests of the city;
(c) negotiations and related discussions respecting the proposed provision
of an activity, work or facility that are at their preliminary stages if
disclosure could reasonably be expected to harm the interests of the city;
(d) advice that is subject to any privilege at law; and
(e) Personal Information that is prohibited from disclosure under the
provisions of FIPPA;
"Council Member" means the Mayor and Councillors for the City;
"Director" means the Chief Librarian, Chief of Police, Director of Climate Action, Planning
and Development, Director of Engineering, Director of Finance, Director of Human
Resources and IT, Director of Parks and Recreation, Fire Chief and General Manager of
the Electric Utility for the City;
"Ethics Commissioner" means the person appointed by Council to fulfill the duties and
responsibilities assigned to that position as set out in the Council approved job description
and this Bylaw;
"FIPPA" means the Freedom of Information and Protection of Privacy Act (British
Columbia);
"Personal Information" has the same meaning as set out in FIPPA;
"Resident" means any person who:
(a) resides in the City;
(b) would be eligible to vote in a municipal election in the City;
(c) holds a valid and subsisting business licence issued by the City; or
(d) is a Volunteer;
"Staff" means an officer or employee of the City, but does not include contractors; and
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"Volunteer" means a person engaged by the City who, without compensation, offers their
time, skills or services to the City.
Foundational Principles
(3) Council recognizes that responsible conduct is based on the foundational principles of
integrity, accountability, leadership, respect, openness and collaboration:
- Integrity: Council Members are keepers of the public trust and must uphold the
highest standards of ethical behaviour. Council Members are expected to act lawfully,
be free from undue influence and make decisions that benefit the community.
- Accountability: Council Members are trusted to act competently, diligently and
responsibly. They must be held accountable for their actions and decisions.
- Leadership: Council Members must demonstrate and promote the key principles of
the Code of Conduct through their decisions, actions and behaviour. Their behaviour
must build and inspire the public's trust and confidence in the City.
- Respect: Council Members must conduct public business efficiently, with decorum
and with proper attention to the City's diversity. They must treat each other and
others with respect at all times.
- Openness: Council Members must conduct their duties in an open and transparent
manner, except where this conflicts with their duties to protect Confidential
Information.
- Collaboration: The social fabric of communities and the wellbeing of Residents
depends on solid and sustainable community partnerships. Council Members shall
seek to collaborate whenever possible and appropriate.
Purpose and Interpretation
(4)
This Bylaw sets out the rules Council Members must follow in fulfilling their duties and
responsibilities as elected officials, and the powers and procedures of the Ethics
Commissioner in exercising oversight over Council Members.
(5)
The purpose of this Bylaw is not to stifle Council Members or to limit their ability to fully
perform the governmental and advocacy functions that their position entails, with all the
vigour, flair and freedom that is typical of a well-functioning democratic institution, but
instead to guide Council Members to undertake those functions in a manner that accords
with sound ethical principles.
(6)
The foundational principles set out above in section 3 are to inform the interpretation of
the substantive provisions of this Policy and are not stand-alone bases for complaints.
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(7)
The provisions of this Bylaw are to be interpreted broadly and in a manner that is
consistent with the Community Charter.
(8)
Nothing in this Bylaw is intended to preclude Council Members, prior to the filing of a
complaint, from speaking to each other in order to resolve matters which may otherwise
be captured by this Bylaw.
(9)
As an expression of the standards of conduct for Council Members expected by the City,
this Bylaw is intended to be self-enforcing. This Bylaw becomes most effective when
Council Members are thoroughly familiar with it and embrace its provisions. For this
reason, this Bylaw shall be provided as information to candidates for Council.
Application
(10)
This Bylaw applies to all Council Members, inclusive of their actions in their capacity as
members of City boards, committees, and other discretionary appointments.
(11)
Unless otherwise provided, this Bylaw does not apply to a Council Member's conduct in
their personal life, with the exception of egregious or criminal conduct that reasonably
undermines public confidence in City governance.
(12)
For clarity, the provisions of this Bylaw apply without limitation to a Council Member's
use of personal and professional social media accounts.
(13)
In the event of a conflict between this Bylaw and another City Bylaw or policy governing
Council Member conduct, this Bylaw prevails.
Severability
(14)
A decision by a court that any part of this Bylaw is illegal, void, or unenforceable severs
that part from this Bylaw, and is not to affect the balance of this Bylaw.
PART 2 - COUNCIL MEMBER CONDUCT
Comply with all Laws
(15)
Council Members shall comply with all applicable federal, provincial and municipal laws
in the performance of their public duties, including but not limited to:
(a)
the Local Government Act;
(b)
the Community Charter;
(c)
FIPPA;
(d)
the Financial Disclosure Act; and
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(e)
all bylaws and policies of the City.
General Conduct
(16)
Council Members shall not:
(a) engage with others, including Residents, Staff and other Council Members, in a
manner that is abusive, bullying, intimidating or derogatory; or
(b) use their office to attempt to gain personal or financial benefits for themselves, their
family members, their friends or business interests.
Respect for Process
(17)
Council Members shall perform their duties in accordance with the policies, procedures
and rules of order established by Council from time to time.
Interactions with Staff
(18)
(a) Council Members shall:
i.
exercise good judgement and treat Staff professionally; and
ii.
respect the role and responsibilities that each Staff member carries out in the
performance of their duties.
(b) Council Members shall not:
i.
interfere with, hinder, or obstruct Staff in the exercise or performance of their
roles, responsibilities, powers, duties, or functions in accordance with section 153
of the Community Charter, nor impair the ability of Staff to implement Council
policy decisions;
ii.
request or require that Staff undertake personal or private work for or on behalf
of a Council Member; or
iii.
request or require that Staff engage in political activities, or subject them to
reprisal of any kind for refusing to engage in such activities.
(c) If a Council Member is unsure where to direct a question or inquiry regarding a
departmental issue or other work-related item, or regarding a personal item that
requires interactions with the regulatory functions of the City, they shall direct the
question or inquiry to the CAO or to a Director or the Corporate Officer with a copy to
the CAO.
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Interactions with the Public and Media
(19)
Council Members shall not:
(a) misrepresent the decisions of the Council, even if they disagree with that
decision; or
(b) make any disparaging comments about other Council Members, staff, or other
City representatives.
(20)
In public communications, Council Members shall accurately and fairly represent Council
positions. When presenting their individual opinions and positions, Council Members
shall explicitly state that it is their own personal view and that they do not represent
Council or the City in those views. For a social media account, this may be accomplished
through a statement on the Council Member's profile.
Conduct of Meetings
(21)
Council Members shall conduct themselves with decorum at meetings. This includes:
(a) adequately preparing for meetings;
(b) using respectful language and tone;
(c) not using offensive gestures or signs;
(d) listening courteously and attentively to all discussions before the body, and
focusing on the business at hand;
(e) not making comments not germane to the business of the body;
(f) not interrupting other speakers, except to raise a point of order;
(g) not leaving the meeting or making any disturbance while a vote is being taken
and until a vote is declared;
(h) complying with all conduct provisions set out in the City's Council Procedure
Bylaw; and
(i) not otherwise interfering with the orderly conduct of a meeting.
Handling of Confidential Information
(22)
Council Members shall keep information and records prohibited from release under
section 117 of the Community Charter in strict confidence.
(23)
Without limiting the generality of section 22, Council Members shall not disclose:
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(a) information or records concerning the property, personnel, legal affairs, or other
information of the City distributed for the purposes of, or considered in, a closed
Council meeting;
(b) resolutions or Staff report contents from a closed meeting of Council unless and until
a Council decision has been made for the information to become public; or
(c) details on Council's closed meeting deliberations or how individual Council Members
voted on a question in a closed meeting.
(24)
Council Members shall not use Confidential Information to advance, directly or indirectly,
their own personal, financial or other private interests.
Conflict of Interest
(25)
Council Members shall not participate in discussion of a matter, or vote on a question in
respect of that matter, if the Council Member has a conflict of interest.
(26)
In respect of each matter before Council, Council Members shall:
(a) assess whether they have a conflict of interest; and
(b) determine whether it is necessary to seek independent legal advice at their own cost,
except where the CAO approves the cost, with respect to any situation that may result
in a conflict of interest.
(27)
If a Council Member believes that they have a conflict of interest in respect of a matter in
a Council or committee meeting, the Council Member shall:
(a) prior to the matter's consideration, notify the Mayor or Chair of the meeting that they
have a conflict of interest, stating in general terms why they consider that to be the
case;
(b) leave any such meeting if the matter is discussed and not return until the discussion
has ended or voting has been concluded;
(c) refrain from discussing the matter with any other Council Member publicly or
privately; and
(d) refrain from attempting in any way to influence the voting on any question in respect
of the matter.
Gifts
(28)
Council Members shall not accept a gift or personal benefit, except in accordance with
section 105 of the Community Charter.
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(29)
Council Members shall disclose a gift or personal benefit, received in accordance with
section 105 of the Community Charter, as per section 106 of the Community Charter.
Use of Public Resources
(30)
Council Members shall not use resources provided to them by the City, including but not
limited to:
(a) Staff time;
(b) equipment;
(c) technology;
(d) supplies;
(e) facilities; or
(f) other property,
for private gain, personal purposes or election-related purposes.
(31)
For clarity, any events or activities that a Council Member undertakes on their own, even
regarding City business, must be funded by the individual Council Member unless the City
or Ethics Commissioner has confirmed in writing that it is appropriate for the event or
activity to be City sponsored, and the City has agreed to use public resources for that
purpose pursuant to a City policy or Council decision.
(32)
Council Members shall not undertake municipal election campaign related activities at
the City Hall or on other premises owned or operated by the City, unless such activities
are organized or authorized by the City.
PART 3 - APPOINTMENT OF ETHICS COMMISSIONER
(33)
Council must appoint an Ethics Commissioner to undertake the duties and responsibilities
set out in this Bylaw.
(34)
The appointment of an Ethics Commissioner must be for a set period of two years. An
Ethics Commissioner may be appointed for more than one term.
(35)
At the request of the Ethics Commissioner, Council may suspend the appointment for a
mutually agreed period of time.
(36)
Council will not terminate an Ethics Commissioner except for cause.
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(37)
The appointment of the Ethics Commissioner shall be made a majority vote of a quorum
of Council Members while the suspension or termination shall be made by a 2/3 vote of
all Council Members.
Interim or Ad Hoc Appointment
(38)
The CAO may appoint an ad hoc Ethics Commissioner in the following circumstances:
(a) if the City has not yet entered into a contract for the appointment of an Ethics
Commissioner;
(b) in the interim period between the expiry of the appointment of one Ethics
Commissioner and the appointment of a new Ethics Commissioner; or
(c) if the appointed Ethics Commissioner is unable or unwilling to act.
Duties and Responsibilities
(39)
The duties and responsibilities of the Ethics Commissioner are as follows:
(a) provide advice and recommendations to a Council Member on questions of
compliance with this Bylaw, where requested to do so by a Council Member;
(b) provide advice and recommendations to a Council Member, regarding their
compliance or disclosure obligations under a provincial statute, such as the Financial
Disclosure Act, or other such statute that imposes an express compliance or disclosure
obligation on the Council Member due to their position as an elected official, where
requested to do so by a Council Member;
(c) prepare written materials and content for the City's website for distribution to, and
use by, the public, to aid in their understanding of the role of the Ethics Commissioner
and the ethical obligations and responsibilities of Council Members under this Bylaw;
(d) deliver educational programs regarding the role of the Ethics Commissioner and the
ethical obligations and responsibilities of Council Members under this Bylaw;
(e) adopt procedures, policies and protocols as necessary to aid in the resolution of
complaints under this Bylaw;
(f) assist with informal resolution of complaints;
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(g) receive and assess all complaints to determine if the complaint must be rejected,
closed, resolved informally or investigated;
(h) investigate and conduct inquiries into violations of this Bylaw;
(i) report to Council as to whether a Council Member has breached this Bylaw;
(j) make recommendations on an appropriate remedy if a Council Member has breached
this Bylaw;
(k) submit an annual budget for approval by Council; and
(l) publish an annual report that includes a summary of the work of the Ethics
Commissioner and any advice or recommendations that the Ethics Commissioner has
to improve the text or operation of this Bylaw or any other policies, procedures, best
practices or protocols governing Council Members' ethical conduct.
(40)
The Ethics Commissioner must perform the duties and responsibilities of their office in an
impartial and independent manner.
PART 4 - COMPLAINT AND RESOLUTION PROCEDURES
Preliminary Steps
(41)
If a Council Member believes that they have observed another Council Member engaging
in conduct that would breach this Bylaw, they must attempt to resolve the complaint
directly with the other Council Member, if possible, prior to submitting a complaint under
section 44.
(42)
If a Staff member or Committee Member believe that they have observed a Council
Member engaging in conduct that would breach this Bylaw, and they wish to file a
complaint, they must approach the Ethics Commissioner on a confidential basis and
inform them of the alleged breach.
(43)
Upon receipt of the confidential information in section 42, the Ethics Commissioner may:
(a) determine that no breach has occurred and inform the Staff member or Committee
Member of that determination;
(b) attempt to address the alleged breach with the Council Member and, if the
circumstances warrant, the Staff or Committee Member; or
(c) request that the Staff or Committee Member file a complaint in accordance with
sections 44 and 45.
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Complaint Procedure
(44)
Subject to sections 41 to 43, a Council Member, Staff member, Committee Member or
Resident may submit a complaint to the Ethics Commissioner.
(45)
A complaint must be in writing, must be submitted within 60 days of the alleged breach
(or within 60 days of notification to the Ethics Commissioner under section 42, if
applicable), and must include, with sufficient detail:
(a) the name of the complainant;
(b) the name of the respondent Council Member(s);
(c) the conduct that the complainant alleges was in breach of this Bylaw;
(d) the date of the alleged conduct;
(e) the parts of the Bylaw the alleged conduct breached;
(f) the basis for the complainant's knowledge of the conduct; and
(g) if a complaint is submitted by a Council Member, whether the Council Member
attempted to resolve the complaint informally under section 41.
(46)
A complaint may be accepted notwithstanding that it does not comply with all of the
requirements of section 45, if the Ethics Commissioner determines that there has been
substantial compliance or if the circumstances otherwise warrant acceptance.
(47)
A complaint submitted outside the time limits set out in section 45 must be rejected,
except that the Ethics Commissioner may grant an extension of no more than 30 further
days if the circumstances of the complaint are sufficiently serious.
(48)
In an election year, complaints submitted from the first day of the nomination period to
the general voting day must be accepted and held in abeyance until after the new Council
has taken office. At that time, complaints shall only proceed if they relate to a Council
Member who was re-elected in that election year. For certainty, if the Council Member
who is the subject of the complaint is not re-elected, the complaint must be dismissed
and closed.
Preliminary Assessment
(49)
On receipt of a complaint, the Ethics Commissioner shall conduct a preliminary
assessment. If the Ethics Commissioner determines that any of the following
circumstances apply, then they must notify the complainant and respondent Council
Member in writing that the complaint will be closed, stating the reasons for the closure:
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(a) the complaint is not with respect to a breach of this Bylaw;
(b) the complaint is frivolous, vexatious, or not made in good faith;
(c) the complaint would be more appropriately addressed through another process;
(d) the complaint was not in compliance with sections 44 and 45, and the respondent
Council Member will be prejudiced by the complainant's failure to comply;
(e) the complainant wishes to withdraw the complaint, and it would be appropriate to
allow the complaint to be withdrawn;
(h) the complaint was submitted by a Council Member, and the Council Member ought
to have first attempted to resolve the complaint informally under section 41;
(i) the complaint was submitted by a Staff or Committee Member, and the Staff or
Committee Member ought to have first attempted to resolve the complaint informally
under sections 42 and 43; or
(f) there are no possible grounds on which to conclude that a violation of this Bylaw has
occurred.
(50)
In making a determination under section 49(f), the Ethics Commissioner may request
further information from the complainant before determining whether or not there are
no possible grounds on which to conclude that a violation of this Bylaw has occurred.
Criminal Conduct
(51)
If, at any stage in the complaint procedure, the Ethics Commissioner determines that
there are reasonable grounds to believe that there has been a contravention of the
Criminal Code, or learns that there is an ongoing police investigation into the conduct that
gave rise to the complaint, then they must refer the matter to the appropriate authorities
and immediately suspend any investigation into the complaint until any resulting police
investigation or charges have been finally disposed of, and shall report the suspension to
Council, the complainant, and the respondent Council Member.
(52)
For certainty, a complaint must be suspended while the respondent Council Member is
on a mandatory leave of absence under section 109.3(1) of the Community Charter, and
may be re-commenced only once the mandatory leave of absence ends pursuant to
section 109.3(1)(b) of the Community Charter.
Disqualification Proceedings
(53)
If, at any stage in the complaint procedure, the Ethics Commissioner determines that:
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(a) the subject-matter of the complaint is being addressed in a disqualification
proceeding commenced under section 111 of the Community Charter; or
(b) the complainant could commence a disqualification proceeding under section 111
of the Community Charter in relation to the matter that is the subject of the
complaint
the complaint must immediately be suspended until the proceeding under subsection (a)
has concluded or the time-period within which the complainant could commence a
proceeding under subsection (b) has expired.
(54)
If the Ethics Commissioner has suspended a complaint under section 53, they may re-
commence the complaint upon the conclusion of a disqualification proceeding, or the
time-period within which a disqualification proceeding could be filed has expired, if:
(a) the Council Member who is subject to the complaint has not been disqualified
from office by the British Columbia Supreme Court; and
(b) it would be in the public interest to do so.
Informal Resolution
(55)
If the Ethics Commissioner determines that none of the circumstances in section 49 apply,
they must then determine whether the complaint requires a formal investigation or
whether the complaint may be resolved informally.
(56)
When determining whether the complaint may be resolved informally, the Ethics
Commissioner:
(a) may consider culturally appropriate or transformative, restorative or Indigenous
justice approaches and may engage a third-party mediator or facilitator to assist
in the informal resolution of the complaint; and
(b) shall give a strong preference to the informal resolution process wherever
possible.
(57)
Where the Ethics Commissioner has determined that the complaint may be resolved
informally, the Ethics Commissioner may, at their discretion, either attempt to resolve the
complaint directly, or refer the complaint to:
(a) the Mayor, if the complaint is made by a Council Member, unless the complaint
is against the Mayor, in which case the complaint will be referred to the Acting
Mayor; or
(b) the CAO, if the complaint is made by Staff, a Committee Member or Resident.
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(58)
Where the Ethics Commissioner refers the complaint in accordance with section 57, the
Mayor, the Acting Mayor or the CAO, as the case may be, may agree to assist in resolving
the complaint directly, or may appoint a third party to assist in resolving the complaint at
their discretion.
(59)
A third party assisting in the informal resolution of a complaint will assess the suitability
of the complaint for settlement or resolution on an on-going basis and may decline to
assist at any point.
(60)
The complainant, or the respondent Council Member, can decline to participate in an
informal resolution at any time.
(61)
If a complaint is resolved informally, the person assisting in resolving the complaint must
notify the Ethics Commissioner in writing of the terms of the resolution, upon receipt of
which, the Ethics Commissioner must close the complaint.
(62)
If the third party assisting in resolving the complaint determines at any time that the
complaint cannot be resolved informally, they must refer the complaint back to the Ethics
Commissioner for a formal investigation.
Formal Resolution
(63)
If the complaint is not rejected, closed or resolved informally within 45 days of the
decision in section 55 to resolve informally, the Ethics Commissioner must proceed with
a formal investigation.
(64)
The Ethics Commissioner shall deliver the complaint to the respondent Council Member,
along with a request that the respondent Council Member provide a written response to
the complaint, together with any submissions that the respondent Council Member
chooses to make, within 10 days, subject to the Ethics Commissioner's discretion to
reasonably extend the timeline.
(65)
The Ethics Commissioner may, at their discretion, deliver the respondent Council
Member's written response and submissions to the complainant and request a reply in
writing within 10 days, subject to the Ethics Commissioner's discretion to reasonably
extend the timeline.
(66)
The Ethics Commissioner may:
(a) speak to anyone relevant to the complaint;
(b) review any documents relevant to the complaint, including closed meeting agendas
and minutes; and
(c) access any record in the custody or control of the City, within the meaning of FIPPA,
with the exception of records subject to solicitor-client privilege.
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(67)
The Ethics Commissioner has discretion to conduct the investigation as they see fit, but
must ensure that the investigation complies with the rules of procedural fairness and
natural justice required in the circumstances of the complaint.
Adjudication and Reporting
(68)
The Ethics Commissioner must conclude the investigation and make a determination
regarding the alleged breach within 90 days of making the determination to proceed with
a formal investigation, unless the Ethics Commissioner determines that doing so is not
practicable, in which case the Ethics Commissioner must notify the complainant and
respondent Council Member of the delay and provide a revised decision date. The revised
decision date may be extended by periods of up to 30 days at a time on provision of
written notice to the complainant and respondent Council Member.
(69)
If, after reviewing all the material information, the Ethics Commissioner determines that
a Council Member did not violate this Bylaw, then the Ethics Commissioner shall:
(a) prepare a written investigation report providing reasons for their determination,
which shall include a determination of whether the complaint was submitted
frivolously, vexatiously or in bad faith;
(b) deliver a summary of the investigation report to the complainant; and
(c) deliver a copy of the investigation report to the respondent Council Member and
Council.
(70)
If, after reviewing all the material information, the Ethics Commissioner determines that
a Council Member did violate this Bylaw, then the Ethics Commissioner shall:
(a) prepare a written investigation report providing reasons for their determination,
which must include:
i.
a summary of the factual findings of the Ethics Commissioner;
ii.
an application of the Bylaw, and any other applicable law, to the facts;
iii.
a recommendation of the appropriate sanction, subject to subsection (iv); and
iv.
if applicable, a determination of whether the respondent Council Member
took all reasonable steps to avoid the breach or whether the breach was trivial,
inadvertent or due to an error in judgment made in good faith, in which case
the Ethics Commissioner may recommend that no sanction be imposed;
(b) notify the complainant that the investigation is complete and inform them that the
investigation report, or a summary thereof, will be subsequently released by Council
in accordance with section 74;
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(c) deliver a copy of the investigation report to the respondent Council Member; and
(d) 48 hours after the delivery of the investigation report to the respondent Council
Member, deliver a copy of the investigation report to Council.
Final Determination by Council
(71)
Council must, within 45 days of the Ethics Commissioner's delivery of the investigation
report, decide on the appropriate measures, if any, that are warranted by a breach of this
Bylaw.
(72)
Prior to making any decision regarding the findings and recommendations set out in the
investigation report, the respondent Council Member must be provided with an
opportunity, in person and in writing, to comment to Council on the Ethics
Commissioner's determinations and recommendations.
(73)
While an investigation report may be considered in a closed meeting, if the circumstances
warrant, when Council deliberates and votes on the Ethics Commissioner's
recommendation, it will generally do so in an open meeting.
(74)
Within 30 days of receiving the investigation report under section 69(c) or section 70(d),
Council must, subject to the City's obligations under FIPPA, release to the public the
investigation report, or a summary thereof, along with a summary of Council's decision if
applicable.
Remedies
(75)
Remedies that may be imposed by Council for a violation of this Bylaw include the
following:
(a) a letter of reprimand from Council, addressed to the respondent Council Member;
(b) a request from the Council that the respondent Council Member issue a letter of
apology;
(c) the publication of the letters contemplated in subsections (a) and (b), along with the
respondent Council Member's response, if any;
(d) directions to the CAO regarding the method of providing documents that contain
Confidential Information to the respondent Council Member;
(e) a recommendation that the respondent Council Member:
i.
attend specific training, counselling or coaching related to the conduct at
issue;
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ii.
complete a specified number of volunteer hours; or
iii.
make a charitable donation of a specified or unspecified amount to a particular
charity;
(f) limitations on access to certain City facilities;
(g) prohibition from representing the City at events and/or attending conferences;
(h) suspension or removal of the respondent Council Member from the Acting Mayor
rotation or any committee appointments;
(i) public censure of the respondent Council Member; or
(j) any other sanction recommended by the Ethics Commissioner, so long as that
sanction is within the authority of Council.
(76)
Council must consider the following factors when determining whether to impose a
sanction on a Council Member:
(a) the degree and nature of the conduct;
(b) whether the contravention was a single or repeated act;
(c) whether the Council Member knowingly contravened the Code;
(d) whether the Council Member took steps to mitigate or remedy the contravention;
(e) the Council Member's history of other contraventions; and
(f) if applicable, the Ethics Commissioner's finding that the respondent Council Member
took all reasonable steps to avoid the breach, or that the breach was trivial or done
inadvertently or due to an error in judgment made in good faith.
Confidentiality of Investigation
(77)
The Ethics Commissioner must make all reasonable efforts to process and investigate
complaints in a confidential manner.
(78)
The Ethics Commissioner and every person acting under the Ethics Commissioner's
instructions must preserve confidentiality with respect to all matters that come into the
Ethics Commissioner's knowledge in the course of any investigation or complaint, except
as otherwise required by law.
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Obstruction
(79)
No Council Member, Staff member, Committee Member or Resident will obstruct the
Ethics Commissioner in relation to the administration of this Bylaw or the investigation of
a complaint. Without limitation, the following shall constitute obstruction:
(a) uttering of threats against any person involved in the complaint;
(b) retaliation of any kind against a Staff member;
(c) destruction of relevant records or documents; and
(d) refusal to cooperate with the Ethics Commissioner.
Frivolous and Vexatious Complaints
(80)
Any individual who is found to have obstructed the Ethics Commissioner, contrary to
section 79, or who makes a complaint that is subsequently found to have been made in a
deliberately frivolous, vexatious or malicious manner, or otherwise made in bad faith, will
be subject to appropriate disciplinary action, which may include, but is not limited to:
(a) in the case of Council Members, the sanctions and remedies described above in
section 75;
(b) in the case of Committee Members, termination of the Committee Member's
appointment;
(c) in the case of Staff, disciplinary action as applicable; and
(d) in the case of any complainant, prohibition against filing a complaint under this Bylaw
for a specified and reasonable period of time.
Reimbursement of Costs
(81)
A Council Member may make a request to Council for reimbursement of the costs of legal
advice and representation in responding to the formal complaint process outlined in this
Bylaw. If appropriate, after considering all of the circumstances, Council may resolve to
reimburse part or all of the legal fees reasonably incurred by a Council Member, provided
that all of the following are met:
(a) section 740 of the Local Government Act authorizes the indemnification;
(b) the Council Member has not previously been found to have breached the Code, or if
they have, that section 76(f) was applicable; and
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(c) Council, in its sole discretion, has agreed to indemnify the Council Member for the
costs of legal advice and representation in responding to a complaint made under this
Bylaw.
PART 5 - ENACTMENT
(82)
This Bylaw comes into force and effect on adoption.
Adopted November 27, 2023