Carleton North, New Brunswick
· adopted 2023-01-24
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District of Carleton North
Confidentiality Policy
Adopted by Council: January 24, 2023
1
DISTRICT OF CARLETON NORTH
CONFIDENTIALITY POLICY
POLICY NO. HR-1
Category:
Human Resources
Policy Number:
HR-1
Effective Date:
January 24, 2023
Approval by Council:
January 24, 2023
Supersedes:
Not applicable
Amended:
Not applicable
1. BASIC STATEMENT:
Employee, council member, committee member, client and resident information is confidential
and every safeguard should be taken to ensure this information is kept confidential. This policy
defines and describes the management of confidential information and affects all employees,
council members, committee members, clients and residents.
2. PURPOSE:
All employees, council members and committee members shall keep confidential and shall not,
during the continuance of their employment and/or term or any time after the termination
thereof, without the express written consent of the District of Carleton North, disclose to any
person or organization any financial or business information of the District of Carleton North
which an employee, council member or committee member may have acquired during the course
of employment and/or term.
All new District of Carleton North employees must sign an Employee Confidentiality Agreement
as a condition of a written offer of employment to ensure the security and confidentiality of
records and personal information under the control of the District of Carleton North. In addition,
all new council members will be asked to sign a Council Member Confidentiality Agreement.
3. PROCEDURES:
Employees: A written offer of employment is conditional upon the completion of an Employee
Confidentiality Agreement, attached as Schedule "A", by a new employee.
The Employee Confidentiality Agreement is signed, dated, witnessed, and placed in the
individual's personnel file.
A new employee's refusal to sign an Employee Confidentiality Agreement after signing a written
offer of employment voids and nullifies the written offer of employment.
District of Carleton North
Confidentiality Policy
Adopted by Council: January 24, 2023
2
Adherence to this policy is mandatory and non-adherence will result in disciplinary procedures
up to and including termination.
Council Members: All new council members are asked to sign a Council Member
Confidentiality Agreement, attached as Schedule "B".
The Council Member Confidentiality Agreement is signed, dated, witnessed, and kept on file.
Committee Members: All new Committee Members appointed by Council are asked to sign a
Committee Member Confidentiality Agreement, attached as Schedule "C".
The Committee Member Confidentiality Agreement is signed, dated, witnessed, and kept on file.
Enforcement and Compliance: The Chief Administrative Officer (CAO) will ensure that the
Confidentiality Policy and Confidentiality Agreements are implemented and administered, and
any reported or suspected violations are investigated. Any subsequent corrective action will be
implemented, as deemed necessary, to ensure compliance of this policy.
Consequences for Breach of Confidentiality: The Town has a reputation for honesty and
ethical behavior which all employees, council members and committee members must do their
utmost to preserve. Any breach of the confidentiality, privacy or evidence thereof will be taken
seriously. Any alleged breach will be fairly and thoroughly investigated by the CAO and/or the
Council in a manner that respects all parties involved. Depending on the severity of the case,
any established violation can and may result in immediate disciplinary action up to and including
dismissal and/or legal action.
Certification for the District of Carleton North Policy Manual:
I certify that this Confidentiality Policy, as indicated above was adopted by Council.
____________________________
January 24, 2023
Mayor
Date of Council Resolution
____________________________
January 24, 2023
Clerk
Date Policy in Effect
Schedule "A" Employee Confidentiality Agreement
1
19 Station Road, Florenceville-Bristol, NB E7L 3J8
T: 506.392.6013
F: 506.392.5211
B E T W E E N:
(hereinafter "Employee"),
OF THE FIRST PART,
- and -
THE DISTRICT OF CARLETON NORTH,
a Town, pursuant to the Local Governance Act,
R.S.N.B. 2017, c. 18 (hereinafter "Town"),
OF THE SECOND PART.
CONFIDENTIALITY AGREEMENT
WHEREAS the employee has received employment from the Town;
AND WHEREAS both the employee and the Town recognize certain information may
be disclosed to the employee which is of a confidential nature;
AND WHEREAS the employee agrees as a condition of employment to maintain the
confidentiality of information received during the course of his/her employment and after
termination of employment.
NOW THE PARTIES hereto agree in consideration of employment being provided by
the Town as follows:
The employee acknowledges that as an employee of the District of Carleton North, now
or hereafter held, that the employee will acquire information about certain matters which are
Schedule "A" Employee Confidentiality Agreement
2
confidential to the operation of the municipality and which information is the exclusive property
of the municipality including, without limitation:
(a)
items related to land-use planning, development, and security;
(b)
personnel matters and hiring processes;
(c)
matters involving negotiations with or obligations under collective agreements;
(d)
proposed by-laws in respect to provision of municipal services;
(e)
municipal projects;
(f)
proposed acquisition of property through expropriation or negotiation;
(g)
tendering of contracts;
(h)
expenditure of municipal funds; and
(i)
collection of fines, levies, fees or other remittances for municipal services.
The employee hereby agrees and undertakes as a condition of employment to treat
confidentially all such information and other information obtained by him/her in the course of
employment with the Town and hereby covenants, agrees, and undertakes not to disclose to any
third party such information, either during the period of employment, except as may be necessary
to perform his/her duties, or after termination of employment for any reason, except with the
written permission of the District of Carleton North.
The employee will not allow any unauthorized person or persons to inspect or have
access to any document that is of a confidential nature, regardless of media format, and will
report any unauthorized access to his/her supervisor if such incident has occurred.
The employee will not remove any records containing confidential information for the
municipality unless authorized to do so by his/her supervisor and will return such records to the
municipality upon completion of the work term.
The employee understands and agrees that if confidential information is not effectively
protected, the operations and reputation of the municipality may be threatened, and may suffer
irreparably.
Schedule "A" Employee Confidentiality Agreement
3
This Confidentiality Agreement applies to all employees of the District of Carleton
North, including but not limited to full time, part time, seasonal, student, and contract. All
employees shall sign a Confidentiality Agreement which will be maintained in their Personnel
File. Adherence to this policy is mandatory and non-adherence will result in disciplinary action
up to and including termination.
I,
, acknowledge that I have read and understand the
Confidentiality Agreement of the District of Carleton North. I agree to adhere to this agreement
in its entirety and will ensure that employees working under my direction adhere to this policy. I
understand that if I violate the rules set forth in the Agreement, I may face legal, punitive, or
corrective action.
IN WITNESS WHEREOF the parties have signed, sealed, and delivered this
Agreement this
day of
, 20
.
THE DISTRICT OF CARLETON NORTH
Per:
Mayor
Per:
Clerk
EMPLOYEE
Per:
Employee
Schedule "B" Council Member Confidentiality Agreement
1
19 Station Road, Florenceville-Bristol, NB E7L 3J8
T: 506.392.6013
F: 506.392.5211
B E T W E E N:
(hereinafter "Council Member"),
OF THE FIRST PART,
- and -
THE DISTRICT OF CARLETON NORTH,
a Municipality, pursuant to the Local Governance Act,
R.S.N.B. 2017, c. 18 (hereinafter "Town"),
OF THE SECOND PART.
CONFIDENTIALITY AGREEMENT
WHEREAS the Council Member has been elected to the Town Council;
AND WHEREAS both the Council Member and the Town recognize certain information
may be disclosed to the Council Member which is of a confidential nature;
AND WHEREAS the Council Member agrees as a condition of their term to maintain
the confidentiality of information received during the course of his/her tenure and after the end
of their tenure.
NOW THE PARTIES hereto agree in consideration of tenure being provided by the
Town as follows:
The Council Member acknowledges that as a member of the Council of the District of
Carleton North, now or hereafter held that the Council Member will acquire information about
Schedule "B" Council Confidentiality Agreement
2
certain matters which are confidential to the operation of the municipality and which information
is the exclusive property of the municipality including, without limitation:
(a)
items related to land-use planning, development, and security;
(b)
personnel matters and hiring process;
(c)
matters involving negotiations with or obligations under collective agreements;
(d)
proposed by-laws in respect to provision of municipal services;
(e)
municipal projects;
(f)
proposed acquisition of property through expropriation or negotiation;
(g)
tendering of contracts;
(h)
expenditure of municipal funds; and
(i)
collection of fines, levies, fees or other remittances for municipal services.
The Council Member hereby agrees and undertakes as a condition of tenure to treat
confidentially all such information and other information obtained by him/her in the course of
their term with the and hereby covenants, agrees, and undertakes not to disclose to any third
party such information, either during the period of tenure, except as may be necessary to perform
his/her duties, or after the end of term for any reason, except with the written permission of the
District of Carleton North.
The Council Member will not allow any unauthorized person or persons to inspect or
have access to any document that is of a confidential nature, regardless of media format, and will
report any unauthorized access to the Town's CAO if such incident has occurred.
The Council Member will not remove any records containing confidential information for
the municipality unless authorized to do so by the Clerk and will return such records to the
municipality upon completion of the work term.
The Council Member understands and agrees that if confidential information is not
effectively protected, the operations and reputation of the municipality may be threatened, and
may suffer irreparably.
Schedule "B" Council Confidentiality Agreement
3
This Confidentiality Agreement applies to all Council Members of the District of
Carleton North. All Council Members are asked to sign a Confidentiality Agreement which will
be maintained on file. Upon signing, adherence to this policy is mandatory and non-adherence
will result in disciplinary action up to and including legal action.
I,
, acknowledge that I have read and understand the
Confidentiality Agreement of the District of Carleton North. I agree to adhere to this agreement
in its entirety. I understand that if I violate the rules set forth in the Agreement, I may face legal,
punitive, or corrective action.
IN WITNESS WHEREOF the parties have signed, sealed, and delivered this
Agreement this
day of
, 20
.
THE DISTRICT OF CARLETON NORTH
Per:
Mayor
Per:
Clerk
EMPLOYEE
Per:
Council Member
Schedule "C" Committee Member Confidentiality Agreement
1
19 Station Road, Florenceville-Bristol, NB E7L 3J8
T: 506.392.6013
F: 506.392.5211
B E T W E E N:
(hereinafter "Committee Member"),
OF THE FIRST PART,
- and -
THE DISTRICT OF CARLETON NORTH,
a Municipality, pursuant to the Local Governance Act,
R.S.N.B. 2017, c. 18 (hereinafter "Town"),
OF THE SECOND PART.
CONFIDENTIALITY AGREEMENT
WHEREAS the Committee Member has been appointed to a committee of Council;
AND WHEREAS both the Committee Member and the Town recognize certain
information may be disclosed to the Committee Member which is of a confidential nature;
AND WHEREAS the Committee Member agrees as a condition of their term to maintain
the confidentiality of information received during the course of his/her tenure and after the end
of their tenure.
NOW THE PARTIES hereto agree in consideration of tenure being provided by the
Town as follows:
The Committee Member acknowledges that as an appointed committee member for the
District of Carleton North, now or hereafter held that the Committee Member will acquire
Schedule "C" Committee Member Confidentiality Agreement
2
information about certain matters which are confidential to the operation of the municipality and
which information is the exclusive property of the municipality including, without limitation:
(a)
items related to land-use planning, development, and security;
(b)
personnel matters and hiring process;
(c)
matters involving negotiations with or obligations under collective agreements;
(d)
proposed by-laws in respect to provision of municipal services;
(e)
municipal projects;
(f)
proposed acquisition of property through expropriation or negotiation;
(g)
tendering of contracts;
(h)
expenditure of municipal funds; and
(i)
collection of fines, levies, fees or other remittances for municipal services.
The Committee Member hereby agrees and undertakes as a condition of tenure to treat
confidentially all such information and other information obtained by him/her in the course of
their term with the Town and hereby covenants, agrees, and undertakes not to disclose to any
third party such information, either during the period of tenure, except as may be necessary to
perform his/her duties, or after the end of term for any reason, except with the written permission
of the District of Carleton North.
The Committee Member will not allow any unauthorized person or persons to inspect or
have access to any document that is of a confidential nature, regardless of media format, and will
report any unauthorized access to the Town's CAO if such incident has occurred.
The Committee Member will not remove any records containing confidential information
for the municipality unless authorized to do so by the committee chair and will return such
records to the municipality upon completion of the work term.
The Committee Member understands and agrees that if confidential information is not
effectively protected, the operations and reputation of the municipality may be threatened, and
may suffer irreparably.
Schedule "C" Committee Member Confidentiality Agreement
3
This Confidentiality Agreement applies to all Committee Members of the District of
Carleton North. All Committee Members are asked to sign a Confidentiality Agreement which
will be maintained on file. Upon signing, adherence to this policy is mandatory and non-
adherence will result in disciplinary action up to and including legal action.
I,
, acknowledge that I have read and understand the
Confidentiality Agreement of the District of Carleton North. I agree to adhere to this agreement
in its entirety. I understand that if I violate the rules set forth in the Agreement, I may face legal,
punitive, or corrective action.
IN WITNESS WHEREOF the parties have signed, sealed, and delivered this
Agreement this
day of
, 20
.
THE DISTRICT OF CARLETON NORTH
Per:
Mayor
Per:
Clerk
EMPLOYEE
Per:
Committee Member