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TOWN OF SIDNEY
BYLAW NO. 2249
A BYLAW TO REGULATE THE CONDUCT FOR ELECTED OFFFICALS.
The Council of the Town of Sidney, in open meeting assembled, enacts as follows:
Title
This bylaw may be cited as "Town of Sidney Council Code of Conduct Bylaw No. 2249, 2023".
PART 1 - COUNCIL CONDUCT
Purpose and Interpretation
(1)
This Bylaw sets out the rules Council Members must follow in fulfilling their duties and
responsibilities as elected officials.
(2)
The residents of the Town of Sidney are entitled to have a fair, ethical and accountable
municipal Council that acts in the public interest, conducting its business with integrity and
in a fair, honest and open manner.
(3)
The public expects that Council Members will adhere to the highest standards of
professional conduct. Honesty, integrity, respect, transparency, leadership, collaboration,
and accountability are the core ethical values reflected in this Code. Council Members are
expected to perform their functions of office faithfully and to the best of their knowledge
and ability, in accordance with these core ethical values.
(4)
The provisions of this Bylaw are to be interpreted broadly and in a manner that is
consistent with the Community Charter.
(5)
The intention of Council in enacting this Code 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.
Definitions
(6)
In this Bylaw:
"Council Member" means the Mayor and Councillors for the Town of Sidney;
"FIPPA" means the Freedom of Information and Protection of Privacy Act (British
Columbia); and
"Staff" means an officer or employee of the Town of Sidney, but does not include
contractors.
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Application
(7)
This Code applies to all Council Members, inclusive of their actions in their capacity as
members of various boards, committees, and other discretionary appointments.
(8)
For clarity, the provisions of this Code apply without limitation to a Council Member's use
of personal and professional social media accounts.
Comply with all Laws
(9)
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
(e)
all bylaws and policies of the Town.
General Conduct
(10)
Council Members shall not engage with others, including members of the public, Staff,
committee members or other Council Members, in a manner that is abusive, bullying,
intimidating or derogatory.
(11)
Council Members shall not use their office to attempt to gain personal benefits for
themselves, their family members or their friends.
Respect for Process
(12)
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
(13)
Council Members shall direct questions and inquiries regarding departmental issues to the
Chief Administrative Officer ("CAO") and shall refrain from contacting Staff directly, unless
the communication is minor and for the purpose of seeking administrative clarity.
(14)
Council Members shall not interfere with, hinder, or obstruct Staff in the exercise or
performance of their roles, responsibilities, powers, duties, or functions, nor shall they
impair the ability of municipal officers or Staff to implement Council policy decisions in
accordance with section 153 of the Community Charter.
(15)
Council Members shall not request or require that Staff undertake personal or private work
for or on behalf of a Council Member.
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(16)
Council Members shall not request or require that Staff engage in political activities, or
subject them to reprisal of any kind for refusing to engage in such activities.
Interactions with the Public and Media
(17)
In an effort to promote respect and integrity for Council decision-making, Council Members
will accurately communicate the decisions of the Council, even if they disagree with the
majority decision of Council.
(18)
Council Members shall refrain from making any disparaging comments about other
Council Members.
Advocacy
(19)
Council Members shall represent the official policies or positions of Council to the best of
their ability when designated as a delegate for this purpose. 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 Town in those views.
Conduct of Meetings
(20)
Council Members shall prepare themselves for meetings, listen courteously and attentively
to all discussions before the body, and focus on the business at hand. Council Members
shall not interrupt other speakers, make personal comments not germane to the business
of the body, or otherwise interfere with the orderly conduct of a meeting.
Handling of Confidential Information
(21)
Council Members shall keep information and records prohibited from release under
section 117 of the Community Charter in strict confidence.
(22)
Without limiting the generality of section (21), Council Members shall not disclose:
(a) information or records concerning the property, personnel, legal affairs, or other
information of the Town 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.
(23)
Council Members shall not use confidential information to advance, directly or indirectly,
their own personal, financial or other private interests.
Conflict of Interest
(24)
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.
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(25)
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.
(26)
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 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
(27)
Council Members shall not accept a gift or personal benefit, except in accordance with
section 105 of the Community Charter.
(28)
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
(29)
Council Members shall not use Town public resources such as Staff time, equipment,
technology, supplies, facilities or other property for private gain, personal purposes, or
election-related purposes.
(30)
Council Members shall not undertake municipal election campaign related activities at the
Town Office or on other premises owned by the Town during regular working hours, unless
such activities are organized by the Town.
PART 2 - INVESTIGATION, COMPLIANCE AND ENFORCEMENT
Implementation
(31)
As an expression of the standards of conduct for Council Members expected by the Town,
this Code is intended to be self-enforcing. This Code therefore becomes most effective
when Council Members are thoroughly familiar with it and embrace its provisions. For this
reason, this Code shall be provided as information to all candidates for Council.
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Staff Requests
(32)
If a Staff member believes 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
CAO on a confidential basis and inform the CAO of the alleged breach.
(33)
Upon receipt of the confidential information in section (32), the CAO may:
(a) determine that no breach has occurred and inform the Staff member of that
determination;
(b) attempt to address the alleged breach with the Council Member and, if the
circumstances warrant, the Staff member; or
(c) request that the Staff member file a complaint in accordance with sections (42) and
(43).
Council Requests
(34)
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.
(35)
If the Council Member is unable to resolve the issue pursuant to section (34), they must
bring the matter to the attention of the CAO.
(36)
The CAO or, if the CAO refers the matter to the Solicitor, the Solicitor may:
(a) with the agreement of the parties, engage a Mediator of their choosing to assist in the
resolution of the matter;
(b) determine that no breach has occurred and inform the Council Member of that
determination; or
(c) request that the Council Member file a complaint in accordance with sections (42) and
(43).
Mediation
(37)
The Mediator must attempt to resolve the matter and in doing so may employ whatever
methods they consider appropriate, including culturally appropriate and transformative or
restorative justice approaches.
(38)
The parties can decline to participate in the mediation at any time.
(39)
The Mediator will assess the suitability of the matter for settlement or resolution on an on-
going basis and may decline to assist at any point.
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(40)
If the parties reach a mediated resolution, the Mediator must notify the CAO or Solicitor in
writing of the terms of the resolution, upon receipt of which the CAO or Solicitor shall close
the matter.
(41)
If the parties cannot reach a mediated resolution within 60 days of the commencement of
mediation, the Mediator must refer the complaint back to the CAO or Solicitor to make a
determination under section (36)(b) or (c). The Mediator may request that the CAO or
Solicitor extend the mediation by periods of 30 days, if the circumstances warrant.
Complaint Procedure
(42)
Subject to compliance with sections (32) to (41), a Council Member or Staff member may
submit a complaint to the CAO. Alternatively, if the complainant is the CAO or the
complaint involves the CAO, then complaints may be submitted to the Corporate Officer.
(43)
A complaint must be in writing, must be submitted within 60 days of: the alleged breach,
the notification to the CAO under section (33), or the failure to resolve the matter by
mediation under section (41), as 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 the Code;
(d) the date of the alleged conduct;
(e) the parts of the Code 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 (34).
(44)
A complaint may be accepted notwithstanding that it does not comply with all of the
requirements of section (43), if the CAO or the Corporate Officer determines that there
has been substantial compliance or if the circumstances otherwise warrant acceptance.
(45)
A complaint submitted outside the time limits set out in section (36) must be rejected,
except that the CAO or Corporate Officer may grant an extension of no more than 30
further days if the circumstances of the complaint are sufficiently serious.
(46)
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 rejected.
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Preliminary Assessment
(47)
On receipt of a complaint, the CAO or Corporate Officer shall conduct a preliminary
assessment of the complaint or forward the complaint to the Town's Solicitor to conduct a
preliminary assessment. If the CAO, Corporate Officer, or Solicitor 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:
(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 (35) and (36), 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 (32); or
(f) there are no possible grounds on which to conclude that a violation of this Bylaw has
occurred.
Referral to Third-Party Investigator
(48)
If the CAO, Corporate Officer or Solicitor determines, after conducting a preliminary
assessment, that the complaint should be accepted for investigation, they shall refer the
complaint to a neutral and independent third-party Investigator of their choosing to conduct
an investigation and notify the complainant and respondent Council Member of the
referral.
(49)
The Investigator shall, at all times during an investigation, have all of the same powers to
dismiss a complaint on a preliminary basis as set out in section (40).
(50)
An Investigator, once retained, may only be dismissed for cause.
Criminal Conduct
(51)
If, at any stage in the complaint procedure, the CAO, Corporate Officer, Solicitor or
Investigator 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 immediately refer the
matter to the appropriate authorities and suspend any investigation into the complaint until
any resulting police investigation and charge have been finally disposed of, and shall
report the suspension to Council, the complainant, and the respondent Council Member.
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(52)
For certainty, a complaint must be suspended while the respondent 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.
Formal Resolution
(53)
Once retained, the Investigator 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 Investigator's discretion to
reasonably extend the timeline.
(54)
The Investigator 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 Investigator's discretion to reasonably extend the timeline.
(55)
The Investigator may:
(a) speak to anyone relevant to the complaint;
(b) request disclosure of documents relevant to the complaint; and
(c) access any record in the custody or control of the Town, within the meaning of FIPPA,
with the exception of records subject to solicitor-client privilege.
(56)
The Investigator 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
(57)
The Investigator must conclude the investigation and make a determination regarding the
alleged breach within 90 days of referral under section (41), unless the Investigator
determines that doing so is not practicable, in which case the Investigator 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.
(58)
If, after reviewing all the material information, the Investigator determines that a Council
Member did not violate this Bylaw, then the Investigator 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; and
(b) deliver a copy of the investigation report to the complainant, respondent Council
Member, and Council.
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(59)
If, after reviewing all the material information, the Investigator determines that a Council
Member did violate this Bylaw, then the Investigator shall:
(a) prepare a written investigation report providing reasons for their determination, which
must include:
i.
a summary of the factual findings of the Investigator;
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 Investigator may recommend that no sanction be imposed;
(b) deliver a copy of the investigation report to the respondent Council Member; and
(c) 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
(60)
Council must, within 45 days of the Investigator's delivery of the investigation report,
decide on the appropriate measures, if any, that are warranted by a breach of this Bylaw;
(61)
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, either in person or in writing, to comment to Council on the Investigator's
determinations and recommendations.
(62)
Investigation reports may, subject to section 90 of the Community Charter, be considered
in a closed meeting.
(63)
Within 30 days of Council's final decision about an investigation, it must, subject to the
Town's obligations under FIPPA:
(a) advise the complainant of the outcome of the complaint;
(b) to the extent possible, release publicly the investigation report or a summary thereof;
and
(c) release a summary of Council's decision.
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Remedies
(64)
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 recommendation 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 attend specific training or
counselling;
(f) limitations on access to certain Town facilities;
(g) prohibition from representing the Town at events and/or attending conferences;
(h) suspension or removal of the respondent Council Member from the Acting Mayor
rotation;
(i) public censure of the respondent Council Member; or
(j) any other sanction recommended by the Investigator, so long as that sanction is within
the authority of Council.
(65)
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 Investigator'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 because of an error in judgment.
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Confidentiality of Investigation
(66)
The CAO, Corporate Officer, Solicitor and Investigator must make all reasonable efforts
to process and investigate complaints in a confidential manner.
(67)
The Investigator and every person acting under the Investigator's instructions must
preserve confidentiality with respect to all matters that come into the Investigator's
knowledge in the course of any investigation or complaint, except as otherwise required
by law.
Obstruction
(68)
No Council Member or Staff member will obstruct the Investigator, Solicitor, CAO or
Corporate Officer 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) destruction of relevant records or documents; and
(c) refusal to cooperate with the Investigator.
(69)
A person who is found to have obstructed the Investigator, CAO, Solicitor or Corporate
Officer will be subject to appropriate disciplinary action, which may include, but is not
limited to:
(a) in the case of Council Members, sanctions and remedies as described in this Bylaw;
(b) in the case of Staff, disciplinary action or termination of employment for just cause, as
applicable; or
(c) in the case of any complainant, prohibition from filing complaints under this Code for
a specified period of time.
Reimbursement of Costs
(70)
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 legal fees reasonably incurred by a Council Member, provided that all of the
following are met:
(a) the Council Member's has not previously been found to have breached the Code; and
(b) the amount claimed does not exceed $10,000.
Frivolous and Vexatious Complaints
(71)
A person covered by this Bylaw who makes a complaint that is subsequently found to
have been made in a deliberately frivolous, vexatious or malicious manner, or otherwise
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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, sanctions and remedies as described in this Bylaw;
(b) in the case of Staff, disciplinary action or termination of employment for just cause, as
applicable; or
(c) in the case of any complainant, prohibition from filing complaints under this Code for
a specified period of time.
Read a first time the
24th day of April, 2023.
Read a second time the
24th day of April, 2023.
Read a third time the
24th day of April, 2023.
Adopted the
8th
day of May, 2023.
_______________________________
______________________________
MAYOR
CORPORATE OFFICER