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TOWNSHIP OF DUBREUILVILLE C-15
ADMINISTRATIVE POLICIES AND PROCEDURES
Section of Manual
-C-
Effective Date
April 28, 2021
Subject
CODE OF CONDUCT - EMPLOYEES
Department
ALL
Resolution No. 21-146
By-law No.
As per attached.
STATEMENT OF PRINCIPLE
1. A written Code of Conduct helps to ensure that employees, members of Council and members
of the public share and understand a common basis of acceptable conduct for Municipal
employees.
2. Employees shall conduct themselves with integrity by performing their duties with
transparency, impartiality, respect and accountability.
3. These standards are designed to provide a reference guide and a supplement to the legislative
parameters, municipal policies and by-laws within which employees must operate and within
which employees must conduct themselves.
4. The standards should serve to enhance public confidence that appointed representatives and
employees operate from a basis of integrity, justice and courtesy. This code is not intended to
replace the use of common sense, personal ethics or morals.
DEFINITIONS
The following definitions shall apply to this Policy:
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"Civil" means adequate in courtesy and politeness or mannerly;
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"Confidence" means the feeling or belief that one can rely on someone or something or a firm
trust;
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"Condescending" means acting in a way that betrays a feeling of patronizing superiority;
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"Confidential information" includes information in the possession of the municipality that the
municipality is either prohibited from disclosing under the rules of the Municipal Act or other
legislation, or is required to refuse to disclose under the Municipal Freedom of Information
and Protection of Privacy Act, or other legislation.
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"Decorum" means propriety and good taste in conduct or appearance;
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"Employee(s)" means direct employees of the Corporation of the Township of
Dubreuilville whether full-time, part-time, contract (including employees of staffing
agencies) or casual (including students and volunteers).
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"Municipal Property" includes real property (such as land or interests in land),
personal property (such as goods and equipment}, and other property interests of any
kind.
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"Outside activities" are private activities that are not part of an Employee's assigned
work and are not part of his or her job.
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"Patronizing" means to treat with an apparent kindness that betrays a feeling of
superiority;
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"Workplace" means any premises (whether owned by the Municipality or
otherwise) where the business of the municipality is being transacted, including
vehicles, conference centres, motels/hotels and/or restaurants.
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"Wrongdoing" means any of the following actions taken by any Municipal
Employee:
o a contravention of any Municipal By-law or policy, or any Act of Parliament
or the legislature of Ontario, or of regulations made under any such Act, if the
contravention relates to the official duty of the municipal Employee, or any
public funds;
o a misuse of municipal funds or municipal assets;
o gross mismanagement of a municipal project or undertaking;
o an act or omission that creates a substantial and specific danger to the life,
health or safety of persons or to the environment; and,
o taking any act of reprisal against a Municipal Employee who has disclosed a
wrongdoing.
APPLICABLE TO
1. This Code of Conduct shall apply to all municipal employees in their dealings
amongst themselves, with Members of Council, and with members of the public -
including all clients, vendors and suppliers.
GENERAL PROVISIONS & GUIDELINES
2. The Municipal Code of Conduct for Employees governs the actions of all employees
of the Corporation of the Township of Dubreuilville while in the workplace and
performing the duties of their jobs or acting on behalf of the Municipality.
3. Actions taken by employees outside their employment are not governed by this
Municipal Code of Conduct unless the employee is speaking against decisions
and/or policies of Council. No municipal employee or appointed official represents the
municipality outside of work hours and should refrain from conducting municipal business
while not on the job.
4. Employees are responsible for making honest statements and upholding the integrity of
Council and its decisions. No employee shall make a statement with the intent to mislead
anyone including Council members, fellow staff members, the media or the public.
5. Employees shall always refrain from making public statements on Municipal policy and/or
Council decisions.
6. It must be recognized that employees are only human and will occasionally make honest
mistakes.
7. Sometimes personal problems and concerns will creep into their work lives. Employees shall
make use of leaves, sick days and/or personal days to help resolve serious personal issues as
per municipal policy and provincial legislation.
8. Employees shall conduct themselves with integrity and ethics. The Code does not have the
answers to all questions, however; it is created to ensure that the right questions are asked.
9. When taking any action while in the course of employment, each employee shall ask:
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Am I putting my own interests before those of the Municipality?
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Would I make the same decision if my manager, a member of the public, my mother or the
media were watching me?
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Will I owe someone a favour if I do this?
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Would I be offered this if I weren't an employee of the Municipality?
10. Transparency - As public servants, employees are accountable for what they do and that
accountability is ensured by transparency. Employees must be open and honest in dealing
with supervisors, the public and Council. Employees shall not just do their jobs well, but shall
also be open and honest about what they say and do at all times and to all persons.
11. Impartiality - As public servants, employees have to do their jobs with the Municipality's best
interests in mind, not their own. Employees shall do their jobs without bias, without favour,
without consideration of personal interests or those of family and friends and without
allowing outside interests to conflict with work decisions.
12. When buying goods or services, employees shall comply with the Municipality's
procurement by-laws and policies.
13. Employees shall remove themselves from decisions that might affect, or might be seen to
affect, the interests of other groups or organizations that they participate or are members
in.
14. Employees shall not take on other work which:
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Conflicts with Municipal work hours.
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Interferes with the efficient performance of employee duties;
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Competes with Municipal services; or
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Creates a real or perceived conflict of interest with Municipal duties.
CONFLICT OF INTEREST
15. Employees shall not make decisions on behalf of the municipality, make
recommendations to the municipality, use their position with the municipality, or take any
action on behalf of the municipality in respect of matters in which they have or believe
they have a Conflict of Interest.
16. Where there might be a conflict between personal interests and those of the Municipality,
employees shall disclose that fact immediately and seek guidance from the CAO-Clerk or
Municipal Solicitor.
17. Employees shall provide full disclosure when offering information in potential conflict
situations.
18. The CAO-Clerk after receiving such a disclosure is required to give it due consideration,
obtaining advice and assistance from the Solicitor as necessary, and provide the
necessary direction to the Employee with respect to the resolution of the Conflict of
Interest.
19. Provided that the disclosure has been full and frank, any Employee who complies with
the direction given pursuant to this process will be safe from discipline or justified
criticism and will be able to rely upon the direction as a complete answer to any future
disciplinary or other action by the Municipality against the Employee in respect of the
Conflict of Interest.
CONFIDENTIAL INFORMATION
20. It is the responsibility of each employee to ensure that confidential information obtained
in the scope of his employment is kept strictly confidential and not released to anyone
except as required by law.
21. As per the Municipal Act, employees shall not directly or indirectly, release, make public
or divulge any information related to legally called and conducted in camera or closed
meeting deliberations of Council. However, simply because information is shared within a
closed meeting does not automatically make that information confidential; it must meet
legislated exemptions for openness or fall within other protected legislation.
22. Requests for information should be referred to appropriate staff to be addressed as either an
informal request for access to municipal records or as a formal request under the Municipal
Freedom of Information and Protection of Privacy Act (MFIPPA).
GIFTS AND BENEFITS
23. No employee shall accept a fee, advance, gift or personal benefit that is connected directly or
indirectly with the performance of his or her duties of Office or employment.
24. For these purposes, a fee or advance paid to or a gift or benefit provided with the employee's
knowledge to an employee's spouse, child or parent is deemed to be a gift to that member.
Exceptions include:
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Gifts having a value less than Fifty dollars ($50.00) which are given as promotional items to
individuals, provided the gifts do not include money, cash or negotiable instruments;
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If the gift has absolutely no relationship with the status of the recipient as a Municipal
Employee (i.e. there is another relationship between the donor and recipient which caused the
gift to be made);
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If an Employee receives gifts, entertainment and benefits having value over Fifty dollars
($50.00), the gifts, entertainment or benefits must be disclosed to the immediate supervisor of
the Employee in writing using the form provided. Such disclosure shall occur within one week
following the receipt of the gift, entertainment or benefit, with a copy provided to the CAO-
Clerk.
CONDUCT AT MEETINGS OF COUNCIL
25. Staff shall conduct themselves with decorum at Council meetings in accordance with the
provisions of the Municipal Procedural By-law.
26. Respect for delegates, for Council members and staff requires that all employees show
courtesy and not distract from the business of Council during presentations and when other
members have the floor. This does not mean that staff may not offer advice, comments or
suggestions; what it means is that all comments must be accurate, respectful and germane to
the topic/subject at hand.
ENCOURAGEMENT OF RESPECT FOR THE MUNICIPALITY AND ITS BY- LAWS
AND POLICIES
27. Employees shall at all times endeavour to encourage public respect for the
Municipality and its by-laws and policies.
28. Employees shall recognize that Municipal Council is the elected voice of the citizens of
the Municipality and shall respect the decisions of Council.
29. Employees shall be careful to distinguish between personal comments or opinions
expressed outside of the workplace and their jobs with the Municipality.
30. Employees shall not make comments that are defamatory in nature about the
Municipality, Council, individual Council members or co-workers.
31. Employees shall not claim to speak on behalf of the Municipality unless they have been
authorized to do so.
32. Employees shall not make personal comments using municipal letter head, Municipal e-
mail addresses or anything else that implies a connection between personal comments or
opinions and the Municipality.
33. Employees shall implement decisions and policies of Council without comment or
complaint so long as they are not illegal, immoral or improper.
PERSONAL CONDUCT
34. Employees shall ensure that their personal conduct within the Workplace or other
locations, while in the course of their employment, does not adversely affect:
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their ability to perform their official duties;
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the ability of other Employees to perform their duties; or,
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public confidence in the official's functions, the organization, or in the integrity of the
public sector.
35. Loss of public confidence must be based on a proven wrong doing and not simply
personal opinion. It must be recognized that some individuals will take exception to
actions taken by employees both in the course of their employment while following
municipal policy or personally.
36. Employees should remain neutral in their service to all councillors providing the same
level of service, information and responses to all requests no matter who should make
them. This does not prevent individual employees from having conversations with
Council members or relationships outside of work. What it means is that all information
concerning Municipal business is shared equally and in an unbiased manner and that
requests from one member are treated in the same manner as those from all other
members.
37. Relations and communications between employees, between employees and council
members, and between employees and the public, should always be civil and premised on
mutual respect.
38. This means that staff will use polite and respectful language and will not use offensive
language or gestures, nor shall they engage in patronizing or condescending behaviour
with one another, members of Council or the public.
PUBLIC TRUST
39. Employees are guardians of public funds and are responsible for delivering a wide range
of important public services, which are supported by members of the public through their
taxes. Employees owe the public nothing less than their full commitment to doing the
best job they can.
40. Employees have an obligation to help build pride in their Community, to respect the
dignity and diversity of their colleagues and to treat them as we would like to be treated
ourselves. While it takes hard work to gain the respect of others, even small lapses can
erode confidence in the Municipality.
41. To ensure that employee conduct does not diminish respect for ourselves, co-workers and
for the Municipality, employees shall maintain and exemplify the highest standards of
behaviour through:
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devoting ourselves fully to our jobs during our working hours and not allowing personal
activities (e.g. reading a magazine, surfing the internet, etc.) to interfere with work.
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ensuring that all property (including cash, cheques, documents, inventories and
equipment) in our care as part of our job is properly secured and protected at all times.
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being honest, polite and courteous when we deal with people, whether they are members
of the public, Council or co-workers.
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fostering an atmosphere of collegiality and supporting co-workers in their work.
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providing excellent customer service every day.
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dressing appropriately.
42. Due to allergies and sensitivities, employees shall limit their use of fragrances, especially
when they work in a close office environment or vehicles where other employees or
members of the public may be negatively affected.
43. Employees shall not take actions which will:
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harass or intentionally intimidate others.
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manipulate, falsify, alter or amend documents, information or records for fraudulent
purposes.
INFLUENCE OF COUNCIL
44. Each employee works for the Municipality as a body corporate and is charged with
making recommendations that reflect their professional expertise and corporate
perspective without undue influence from any individual member or group of members of
Council.
45. Each employee shall endeavour to provide a high quality of advice based on political
neutrality and objectivity irrespective of party politics, the loyalties of persons in power,
or their personal opinions.
46. Council has delegated responsibility to the Chief Administrative Officer (CAO-Clerk) for
the administration of the affairs of the Municipality in accordance with the by-laws and
policies adopted.
47. This means that under the direction of the CAO-Clerk, staff has the responsibility and the
authority to provide consultation, advice and direction to Council and to implement
Council approved policy.
48. Accordingly, staff establishes the appropriate administrative policies, systems, structures
and internal controls to implement the objectives of Council, and to manage
implementation within the resources at their disposal.
PERSONAL USE OF MUNICIPAL PROPERTY
49. There shall be no use or appropriation of municipal property, facilities, services, or
information for personal use, gain or business by employees, unless that municipal
property is generally available to the public and is being used by the employee in that
capacity like any other member of the public (i.e. using a Municipal park or other facility
for recreational purposes).
50. This general rule will be subject to exceptions:
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If personal use of the Municipal property is provided as part of employment or duties and
the personal use is:
o approved by Council;
o contained in an official job description; or,
o within an employment agreement
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If the use of Municipal property consists of the personal use of telephones, internet,
computers, fax machines, cell phones, or photocopiers and all of the following are
satisfied:
o Use does not cause any additional expense to the Municipality (i.e. there is full
reimbursement of any charges)
o Use is not excessive having regard to the circumstances;
o Use does not have a negative overall impact on Employee productivity; and
o Use does not interfere with the normal operation of the municipality or
negatively impacts other employees;
Specific Rules Relating to Computers
51. Electronic records stored on Municipal computer systems or equipment are the
property of the Corporation of the Township of Dubreuilville. The Municipality
maintains the right to access and monitor records in electronic format including flash
drives, hard drive and e-mails.
52. Users of Municipal computer equipment shall not:
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Attempt unauthorized access to systems, information, processes or products;
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Broadcast e-mail messages that are not work related or are otherwise authorized;
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Propagate viruses, or send or download materials which may impact the operating
efficiency of the system;
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Undertake any other activities that can unduly impact the use or performance of others
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view, retrieve, transmit or disseminate:
o any pornographic or obscene messages, images, or materials;
o any other messages, images or materials which are offensive to human dignity.
Records Retention
53. E-mails that are not filed in hard copy may be disposed of at the user's discretion and
as per the Municipal Freedom of Information and Protection of Privacy Act. Users are
encouraged to delete messages that are not filed in hard-copy form as soon as the
message has been read. Attachments toe mail messages should be detached and filed
electronically or printed and filed in hard-copy records.
Installation of Software
54. Only licensed software and registered shareware acquired by and paid for by the
municipality are to be operated on the municipal system. Computer games acquired
by and paid for by the municipality as part of a training package may be installed on
municipal equipment but no other games, including shareware games, are to be
installed on municipal equipment. No municipally licensed software is to be copied or
transferred to home computers.
55. No software of a personal nature is to be maintained on the municipal system.
ALCOHOL AND DRUG USE
56. While within the Workplace, no use of alcohol is permitted unless the consumption of
alcohol occurs at an event approved by Council at which alcohol is served.
57. While within the Workplace, no use of non-prescription or illegal drugs is permitted.
Normal use of over the counter or prescription medications is, of course, allowed.
58. This section shall not apply to alcohol and drug use outside the Workplace, with three
exceptions. In each of the following exceptions, the use of alcohol or drugs outside the
workplace will constitute a contravention of this policy:
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If the alcohol or drug use negatively affects the performance of the Employee within the
Workplace. E.g. he or she consumes alcohol and in the opinion of his supervisor, comes
to work with a smell of an alcoholic beverage while exhibiting erratic or unusual
behaviour, stumbling, difficulty speaking, loss of balance, or lack of coordination;
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If it is a position requirement for a specific position that an Employee shall have no
alcohol or drugs in his or her system while within the workplace, and the Employee
comes to work or resumes work following a lunch or other break with alcohol or drugs in
their system; or,
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If the Employee operates a Municipally owned motor vehicle or dangerous machinery as
part of his or her duties, and the Employee comes to work or resumes work following a
lunch or other break with any alcohol or drugs in their system.
WHISTLE BLOWING
59. None of the following measures shall be taken against a Municipal Employee by reason
that the Employee has, in good faith, engaged in opposition to a Municipal Initiative or
has disclosed a Wrongdoing in the manner set forth in this policy:
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a disciplinary measure;
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the demotion of the Employee;
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the termination of the employment of the Employee; and,
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a threat to take any of the measures above.
60. It is important that the disclosure of Wrongdoing be reported to the appropriate law
enforcement or other official who has been entrusted with responsibility for monitoring and
combating Wrongdoing such as:
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To a police officer or other law enforcement official;
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To the Mayor and Council of the Municipality;
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To the CAO-Clerk of the Municipality;
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To the Treasurer of the Municipality;
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To the Auditors of the Municipality;
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To the Municipal Solicitor;
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To any municipal Councillor of the Municipality.
61. Any individual who receives an allegation of Wrongdoing from any individual shall consult
with the CAO-Clerk and/or Municipal Solicitor to determine what kind of response is
appropriate to the particular allegation.
APPLICATION -COMPLAINT PROCESS
62. The formal portion of the Complaint Process requires that a complaint be made in writing
setting out the grounds for the belief that there is an alleged contravention.
63. Each complaint shall include a supporting affidavit that sets out the evidence in support of the
complaint.
64. The complaint shall be filed through the CAO-Clerk, or designate, who is a commissioner for
taking affidavits, on the municipal complaint form provided and signed before the
commissioner.
65. Any submissions or written comments together with the personal information of the
complainant made to the Municipality under this or any other process will become part of the
public record and may be reproduced, recorded and/or reported on line. There is no promise of
confidentiality provided to the complainant under this process; it is to be open and
transparent.
66. Unsigned and/or anonymous complaints will not be recognized or acted upon.
67. Complaints that are considered frivolous and vexatious by the CAO-Clerk will not be
subjected to the costs of investigation. In this instance "frivolous" means "not having any
serious purpose or value" and "vexatious" means "annoying or harassing". These complaints
shall be included in the annual report to Council.
INTERPRETATION
68. Employees or members of Council seeking clarification of any part of this Policy should
consult first with the CAO-Clerk.
69. Complaints received will be reviewed by the CAO-Clerk with the complainant or the person
complained about. Together they will discuss options and further steps for resolution.
70. If the issue can be resolved by the CAO-Clerk and to the satisfaction of the complainant, no
further action will be required aside from mention in the annual report to Council.
71. If the breach of the code is severe and is not easily remedied, the CAO-Clerk shall within 30
days of receipt of the complaint and with the assistance of the Municipal Solicitor if required,
commence an investigation. Depending on the situation, an outside firm may be hired by the
CAO-Clerk and at the CAO-Clerk's discretion, to complete the investigation.
72. Extended time to commence an investigation, if justified, may be authorized by a resolution
of Council.
73. After consultation with the Municipal Solicitor and/or investigator, as required, the CAO-
Clerk shall determine if an employee or employees have committed a breach of the code.
74. Pending the outcome of any investigation, the CAO-Clerk shall implement disciplinary action
as per the Municipal Discipline and Dismissal Policy.
75. When complaints arise, the CAO-Clerk shall provide an annual report to Council for review.
This report shall provide a list of investigations, and include the costs and the status of the
individual investigations.
76. As all complaints against staff are in fact personal matters about an identifiable individual,
they will be kept confidential to the best of the ability of the CAO-Clerk, staff and
investigators.
77. As these complaints are internal Human Resource matters, there is no obligation to provide
details of the complaints to members of Council outside of the annual report. Depending on
the situation and following provincial legislation, documentation will be kept in the
employee's personnel file.
78. The CAO-Clerk may consult with legal counsel as may be required in determining points of
law.
79. If the complaint concerns the CAO-Clerk, it will immediately be submitted to the Municipal
Solicitor for resolution. The Solicitor may choose to dismiss the complaint, perform an
investigation himself or hire an independent investigator.
80. The resulting investigative report will include recommendations for remedy, discipline or
dismissal as per the Municipal Discipline and Dismissal Policy as required.
81. Any report shall remain confidential as it would be considered personal information
about an identifiable individual. The report shall be received by Council who will
ultimately discuss the contents in closed session. A vote on the recommendations of the
Municipal Solicitor will then be made in open session.
82. Subject to the requirements of any disciplinary policy of the Municipality, enforcement
may include disciplinary action up to and including dismissal.
ENFORCEMENT
83. Proactively, the CAO-Clerk shall give a copy of this policy to each new Employee at the
time of hire.
84. The policy will be made available on a continuing basis to all staff through electronic
means so that every employee has access to it and can read, download, or print a copy.
85. Failure to receive training will not be an excuse for non-compliance with this policy.
86. The CAO-Clerk is under a positive obligation to enforce this policy and deal with
breaches of the policy by subordinates that have come to their attention as appropriate in
the circumstances.
87. Reactively, if any person, including a member of the public, wants to make a complaint
that someone has breached this policy; the allegation shall be referred to the CAO-Clerk
who will take appropriate action as contained within this policy.
ACCOUNTABILITY
88. Employees shall:
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know the Code and comply with its principles.
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disclose breaches of the Code immediately, whether they are committed by ourselves or a
co-worker.
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cooperate fully with investigations into alleged wrongdoing.
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understand that breaches of the Code shall be subject to disciplinary action, up to and
including termination.
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If required seek interpretation of the Code from the CAO-Clerk and Solicitor's office.
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make observance of the Code part of their daily work and review the Code as part of
annual performance reviews.
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NOT retaliate against anyone who has come forward with a complaint, or is a witness to a
complaint.
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NOT assume that violations of the values in this Code are someone else's problem.