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TOWN OF GEORGINA - CLERK'S DEPARTMENT
POLICY No. DAS-CL-031
Subject:
CODE OF CONDUCT POLICY
Authority, Ref. & Sec.
Bill 130, The Municipal Statute Law
Amendment Act, 2006
The Municipal Act, 2001
Policy Classification:
Pages:
10
Year Month Day
2008 09 15
Recommended/Approved by:
Town Clerk
Contact Position for Inf.
Town Clerk
1
1.
Policy Statement:
A written Code of Conduct helps to ensure that the members of Council, advisory
committees and local boards of the municipality share a common basis or
acceptable conduct.
Attaining an elected position within one's community is a privilege which carries
significant responsibility and obligation.
In order to strengthen the role of Council and to enhance public trust, this Code
of Conduct supplements existing provincial conflict of interest legislation and
municipal by-laws that govern their conduct.
2.
Purpose:
The Code of Conduct for Council Members and related policies identify the Town
of Georgina's expectations of Members of Council and establishes guidelines for
appropriate conduct to ensure that:
-
the decision-making process of Town Council is open, accessible and
equitable;
-
decisions are made through appropriate channels of government
structure;
-
public office is not to be used for personal gain;
-
residents have confidence in the integrity of their local government;
-
the conduct of Members of Council is of the highest standard; and
-
there is fairness and respect for differences and a duty to work together for
goodwill and common good
TOWN OF GEORGINA - CLERK'S DIVISION
POLICY No. DAS-CL-031
Subject:
Code of Conduct
Page:
2
PART I - DEFINITION
"Members of Council" includes the Mayor and Members of Council.
"Confidential Information" means any information that is of a personal nature
to Town employees or clients or information that is not available to the public and
that, if disclosed, could result in loss or damage to the Corporation or could give
the person to whom it is disclosed an advantage. Confidential Information
includes, but is not limited to the following information:
-
Disclosed or discussed at a meeting of Council, Committee of the Whole
or Standing Committee, or part of a meeting of Council, Committee of the
Whole or Standing Committee that is closed to the public;
-
That is circulated to members of Council and marked 'confidential'; or
-
That is given verbally in confidence in preparation of or following a
meeting that is closed to the public and includes, but is not limited to the
following types of information;
-
Personnel matters;
-
Information about suppliers provided for evaluation which might be
useful to other suppliers;
-
Matters relating to the legal affairs of the Town;
-
Sources of complaints where the identity of the complainant is
given in confidence;
-
Items under negotiation;
-
Schedules of prices in contract tenders; and
-
"Personal information" as defined in the Municipal Freedom of
Information and Protection of Privacy Act
"Conflict of Interest" involves decisions made and/or actions taken by a
Member of Council in respect of matters in which he or she has a direct or
indirect personal or pecuniary interest.
"Fraud" involves any intentional or deliberate act to deprive any person or the
public of property, money or valuable security by deception or other unfair
means. This includes fraud as defined in the Criminal Code.
"Gifts, Hospitality, Benefits & Perquisites" are items, invitations, articles,
services, offers, entrance fees or vouchers of more than a nominal value.
"Pecuniary interests" are interests that have a direct or indirect financial
impact. They include:
-
any matter in which the member has a financial interest
TOWN OF GEORGINA - CLERK'S DIVISION
POLICY No. DAS-CL-031
Subject:
Code of Conduct
Page:
3
-
any matter in which the member is a shareholder, director or senior officer
of or holds a controlling interest in a corporation that does or does not offer
its securities to the public, and such corporation has a financial interest
-
any matter in which the member is a partner of a person or is in the
employment of a person that has a financial interest; and
-
any matter in which a parent, spouse, same sex partner or any child of the
member has a financial interest, if known to the member
"Personal Interests" involve forms of advantage other than financial such as
seeking an appointment, promotion or transfer within the Corporation on behalf of
a family member.
"Theft" is the act of fraudulently taking or converting to one's use, or the use of
another person, anything, with the intent to deprive the true owner of it, or a
person who has a special property or interest in it. This includes theft as defined
in the Criminal Code.
"Town Property" includes, but is not limited to all real property, municipal
vehicles, equipment, material, supplies, intellectual property and documents.
PART II - RESPONSIBILITIES OF MEMBERS OF COUNCIL
Confidentiality
Members shall not disclose or release by any means to any member of the public
either in verbal or written form any confidential information acquired by virtue of
their office except when required by law to do so.
All information, documentation or deliberation received, reviewed or taken in
closed session of Council and its committees is confidential until the matter
ceases to be confidential, as determined by Council.
Members shall not permit any persons other than those who are entitled thereto
to have access to information that is confidential.
Confidential information that comes to the attention of members does not belong
to them. It is property that belongs to the Town.
The obligation to keep information confidential is a continuing obligation even if
the Member ceases to be a Member of Council.
TOWN OF GEORGINA - CLERK'S DIVISION
POLICY No. DAS-CL-031
Subject:
Code of Conduct
Page:
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Members have the same access rights to municipal information as any other
resident in the Town, unless the information relates specifically to a matter before
Council. Requests for information should be referred to the 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.
PART III - CONFLICT ON INTEREST
Members will follow and respect both the letter and spirit of the provisions of the
Municipal Act 2001 and the Municipal Conflict of Interest Act, as amended from
time to time.
Members shall not:
-
engage in any activity, financial or otherwise, which is incompatible with
the proper discharge of his or her official duties;
-
use any influence of office for any purpose other than official duties;
-
act as a paid agent before Council or any committee, board or commission
of Council;
-
solicit, demand or accept the services of any civic employee for re-election
purposes during hours in which the employee is in the paid service of the
Town;
-
use any confidential information gained in the execution of office for any
purpose other than official duties;
-
give preferential treatment to any person or organization in which the
member has a pecuniary interest;
-
influence any administrative or Council decision or decision-making
process involving or affecting any person or organization in which the
member has a financial interest;
-
use Town property or Town employees for personal gain or for any private
purpose.
PART IV - STAFF RELATIONS
Members shall acknowledge and respect the fact that staff work for the Town as
a body corporate and are charged with making recommendations that reflect their
professional expertise and corporate objectives, without undue influence from
any individual member or group of members.
TOWN OF GEORGINA - CLERK'S DIVISION
POLICY No. DAS-CL-031
Subject:
Code of Conduct
Page:
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In addition, members shall acknowledge and respect the fact that staff carry out
directions of Council as a whole and administer the policies of the Town, and are
required to do so without any undue influence from any individual member or
group of members.
Members shall not publicly criticize individual staff members in a way that cast
aspersions on their professional competence and credibility.
PART V - COMMUNICATIONS AND MEDIA RELATIONS
Members will accurately and adequately communicate the attitudes and
decisions of Council, even if they disagree with a majority decision so that:
-
There is respect for the decision-making process of Council;
-
Official information related to decisions and resolutions made by Council
will normally be communicated in the first instance to the community and
the media in an official capacity by the Mayor or the Mayor's designate;
-
Information concerning adopted policies, procedures and decisions of the
Council is conveyed openly and accurately.
PART VI - GIFTS, HOSPITALITY, BENEFITS & PERQUISITES
Members may only receive tokens, mementos, souvenirs or similar gifts that are
received as an incident of protocol or social obligation that normally accompanies
the responsibilities of elected office. Tokens, mementoes, souvenirs or gifts with
a value of greater than nominal value, if accepted, shall be the property of the
Town.
Members may accept hospitality or entertainment if the offer is infrequent and
appropriate to the occasion.
Nothing in this section prevents the receipt of:
-
personal gifts, benefits, rewards, commissions or advantages from any
person or organization not connected directly or indirectly with the
performance or duties of office
Members may also accept the following:
-
political contributions that are otherwise offered, accepted and reported in
accordance with applicable law;
TOWN OF GEORGINA - CLERK'S DIVISION
POLICY No. DAS-CL-031
Subject:
Code of Conduct
Page:
6
-
food and beverages at banquets, receptions, ceremonies or similar
events;
-
services provided without compensation by persons volunteering their
time;
-
food, lodging, transportation and entertainment provided by other levels of
governments or by other local governments, boards or commissions;
-
a reimbursement of reasonable expenses incurred and honorariums
received in the performance of activities connected with municipal
associations
Any gifts, benefits, hospitality or perquisites that exceed these guidelines shall be
returned with an explanation of this Code of Conduct.
PART VII - POLITICAL ACTIVITY
Members must ensure compliance with all legislative requirements related to
political activity including the use of Corporate Resources During an Election
Year (Policy No. DAS-CL-ME01).
PART VIII - USE OF TOWN PROPERTY
In accordance with the use of "Corporate Resources During An Election Year",
Policy No. DAS-CL-ME01, members must respect Town property. Members may
only use Town property or services for activities connected with the discharge of
official duties or associated community activities having the sanction of Council or
its committee.
Members shall not obtain financial gain from the use of Town developed
intellectual property, computer programs, technological innovations, or other
kinds of property, while an elected official or thereafter. All such property
remains the exclusive property of the Town.
PART IX - CONDUCT AT MEETINGS
During Council, Committee of the Whole and other ad hoc, special purpose, task
force or working group meetings, members shall conduct themselves with
decorum and in accordance with the Town's Procedure By-law in effect from time
to time. Respect for delegations and for fellow members and staff requires that
all members show courtesy and not distract from the business of Council during
presentations and when other members have the floor.
TOWN OF GEORGINA - CLERK'S DIVISION
POLICY No. DAS-CL-031
Subject:
Code of Conduct
Page:
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PART X - HARASSMENT
Harassment of another Council member, staff or any member of the public is
prohibited under the Human Rights Code. In accordance with the Ontario
Human Rights Code and the Town's Sexual Harassment Policy No. 42 and
Discrimination Policy No. 2, it is the policy of the town that all persons be treated
with dignity and respect in the workplace in an environment free of discrimination
and of personal and/or sexual harassment. Harassment, whether it occurs inside
or outside the workplace but is related to the work environment or activities of
elected office, is considered to be harassment and is inappropriate behaviour for
the purpose of this Code of Conduct.
Harassment includes, but is not limited to any behaviour, conduct or comment by
any persons that is directed at or is offensive to another person on the grounds of
race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age,
handicap, sexual orientation, marital status, or family status and any other
grounds under the provisions of the Ontario Human Rights Code as amended.
Any complaints of harassment will be investigated in accordance with the
procedure set out in the town Harassment Policy No. 42. In the event that a
regulation is not achieved, any Member may request that the complaint be dealt
with in accordance with Part IX of the policy.
PART XI -
ENCOURAGEMENT OF RESPECT FOR THE TOWN AND ITS
BY-LAWS AND POLICIES
Members shall at all times encourage public respect for the Town and its policies.
PART XII - COMPLIANCE WITH CODE OF CONDUCT
a)
Where an alleged contravention of any provision of this Code of Conduct
occurs, the complainant shall attempt to meet with the Member of Council
to discuss the complaint and resolve the issue. In the event that a
meeting between the complainant and the Member of Council is not
possible, or fails to resolve the issue, the complainant may request a
meeting with the Member of Council, the Chief Administrative officer, an
independent third party and/or the Mayor or Alternate to discuss the
complaint and resolve the issue. In the event that a meeting with the
member of Council, the Chief Administrative Officer, an independent third
party and/or the Mayor fails to resolve the issue, the complainant may
request the CAO to investigate the complaint and/or to arrange for a
neutral third party to mediate the dispute.
TOWN OF GEORGINA - CLERK'S DIVISION
POLICY No. DAS-CL-031
Subject:
Code of Conduct
Page:
8
b)
In the event the dispute can not be resolved after exhausting the steps set
out in paragraph (a) above, Council may hold a special meeting of
Committee of the Whole to determine if the member has breached this
policy. The meeting shall be closed to the public, unless otherwise
determined by the majority of members present at the meeting.
c)
The member alleged to have contravened this Code of Conduct shall be
given opportunity to address Council at the meeting and will be provided
with sufficient time to explain the alleged breach. The member shall be
permitted to introduce evidence including witnesses to support his or her
position, and shall have the option of attending with legal counsel. Should
the member have legal counsel, then the Town shall have the right to legal
representation.
d)
Should Council determine after hearing all evidence that the member has
breached a provision of the Code of Conduct, Council shall report that
such a determination has been made, and at a special open Council
session called for that purpose, pass a Resolution that shall require the
member to appear before an in-camera Committee of the Whole meeting
to be sanctioned. The Sanction shall be ratified by Resolution at a session
of Council.
e)
Should Council feel that a breach of this Code of Conduct may have
occurred, but is unable to make a determination, Council may pass a
resolution requesting a judge of the Ontario Superior Court of Justice to
conduct an investigation of the member's conduct under Section 274(1) of
the Municipal Act, 2001 as amended. Should the Judge determine that a
breach has occurred, the penalties for such breach shall be determined in
accordance with this Policy.
f)
Sanctions include, but are not limited to demand of an apology, a public
reprimand or a combination of any of the above.
g)
All sanctions under this Code of Conduct will be fair and in keeping with
the severity of the breach, giving due regard to the member's previous
conduct.
h)
Nothing in this Sanction restricts or attempts to countermand a member's
legal right to challenge a decision of Council through established legal
channels.
TOWN OF GEORGINA - CLERK'S DIVISION
POLICY No. DAS-CL-031
Subject:
Code of Conduct
Page:
9
PART XIII - IMPLEMENTATION
Upon the adoption of this Code of Conduct and thereafter at the beginning of
each term, Members of Council will be expected to sign two copies of the Code
of Conduct (one for themselves and one for the Clerk's Office) to convey to each
other and all stakeholders that they have read, understood and accept it.
A Code of Conduct component will be included as part of the orientation
workshop for each new Council, or Council appointed advisory, ad hoc, special
purpose committee, task force or working group.
Members of Council are expected to formally and informally review their
adherence to the provisions of this Code on a regular basis or when so requested
by Council.
Cross References
Municipal Act 2001 S.O. 2001, c.25 as amended
Municipal Conflict of Interest Act, R.S.O. 1900, c.M.50
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,
c.M.56
Procedural By-law 2002-0134 (COU-2)
Sexual harassment Policy No. 42
Discrimination Policy No. 2
Employee Code of Ethics and Conduct Policy No. DAS-HR-01
Use of Corporate Resources During an Election Year Policy No. DAS-CL-ME01
Responsible Computing Guidelines Policy No. DAS-IT01
Recruitment Practice Policy No. DAS-HR-02
Criminal Code of Conduct RS 1985 c.C.46
Electronic Mail and Messaging Systems Usage Policy and Guidelines No. DAS-
IT02
TOWN OF GEORGINA - CLERK'S DIVISION
POLICY No. DAS-CL-031
Subject:
Code of Conduct
Page:
10
SIGNATURE
The undersigned Member of Council hereby acknowledges that they have read,
understood and accept this Code of Conduct.
_______________________________
__________________________
Signature of Member of Council
Date
_______________________________
Printed Name
C:Policies/CodeOfConductBill130
2008/06/16