Code of Conduct Policy for Council and Local Boards (By-law 19-26)
Malahide, Ontario
· adopted 2019-02-21
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THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
BY-LAW NO. 19- 26
Being a By-law to adopt a Code of Conduct Policy for Council
and Local Boards to Promote Accountability and Transparency
in Municipal
Governance.
WHEREAS, Section 8 of the Municipal Act, 2001, S. O. 2001, c.25, as
amended, provides a Municipality with the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Part V. 1, Accountability and Transparency, Section
223. 2( 1) of the Municipal Act, 2001, c. 25, as amended, authorizes a Municipality to
establish codes of conduct for members of council of the Municipality and of local
boards of the Municipality;
AND WHEREAS Subsection 2. 1 of Section 270 of the Municipal Act, 2001,
c. 25, as amended, requires that a municipality adopt and maintain a policy with respect
to the relationship between members of council and the officers and employees of the
municipality;
AND WHEREAS the Council of The Corporation of the Township of
Malahide deems it necessary to adopt a Code of Conduct Policy reflecting the required
ethical and legal requirements for all members of the Council of the Municipality and of
local boards of the Municipality for all deliveries of services;
NOW THEREFORE the Council of The Corporation of the Township of Malahide
HEREBY ENACTS AS FOLLOWS:
1.
THAT a Code of Conduct for Council and Local Boards be adopted in
substantially the same form as that attached hereto as Schedule "A" and forming
a part of this By- law.
2.
THAT the Council of The Corporation of the Township of Malahide does hereby
confirm that the policies set out in Part 8 and Part 18 of the Code of Conduct for
Council and Local Boards shall constitute the policy as required by Section
270( 1) 2. 1 of the Municipal Act, 2001.
3.
THAT in the event that section or sections of this by- law thereof are found by a
Court of competent jurisdiction to be invalid or ultra vires, such section, sections
or parts thereof shall be deemed to be severable, with all other sections or parts
of this by-law remaining in the full force and effect.
4.
THAT this By-law shall come into force and take effect on the final passing
thereof.
READ a FIRST and SECOND time this 215t day of February, 2019.
READ
a THIRD time and FINALLY
PASSED
this 21 st day of February, 2019.
Ma or, D. Mennill
VA -
Clerk, M. Casavecchia- Somers
Aliallmit
hTOWNSHIP,y
A proud tradition, a hrightjuture.
By- law No. 19- 26
Schedule " A"
CODE OF CONDUCT
FOR MEMBERS OF COUNCIL
AND
LOCAL BOARDS
FOR THE
CORPORATION OF THE
TOWNSHIP OF MALAHIDE
February 7, 2019
CODE OF CONDUCT
FOR MEMBERS
OF COUNCIL
FOR
THE CORPORATION
OF THE TOWNSHIP OF MALAHIDE
PART1:
PREAMBLE.........................................................................................................................................
3
PART2:
DEFINITIONS......................................................................................................................................
3
PART3: APPLICATION.....................................................................................................................................
4
PART4: PURPOSE...........................................................................................................................................
5
PARTS: GENERAL DUTIES...............................................................................................................................
5
PART6: CONFLICT OF INTEREST.....................................................................................................................
6
PART 7: GIFTS AND PARTICIPATION
AT EVENTS............................................................................................
6
PART 8: INTERACTION
WITH
THE
PUBLIC,
OTHER MEMBERS and TOWNSHIP
STAFF...................................
8
PART
9: IMPROPER
USE OF INFLUENCE.........................................................................................................
9
PART
10: CONFIDENTIAL
INFORMATION.......................................................................................................
9
PART
11: COMMUNICATIONS
AND
MEDIA
RELATIONS...............................................................................
10
PART
12:
MUNICIPAL
ELECTION CAMPAIGNS..............................................................................................
10
PART 13: CONDUCT OF FORMER MEMBERS................................................................................................
10
PART 14:
USE
OF TOWNSHIP PROPERTY......................................................................................................
11
PART15:
NEPOTISM.....................................................................................................................................
11
PART 16: OBSTRUCTION
OF INTEGRITY COMMISSIONER............................................................................
11
PART17:
REPRISALS.....................................................................................................................................
12
PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS: ................................................................
12
18. 1
REQUIREMENTS....................................................................................................................
12
18. 2
MUNICIPAL
POLICIES......................................................................................................................
12
PART19: COMPLIANCE/
ACCOUNTABILITY/
ENFORCEMENT....................................................................
13
PART 20: OTHER COMPLAINCE/ ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO THE INTEGRITY
COMMISSIONER.....................................................................................................:.......................
16
PART 21: JUDICIAL INVESTIGATION.............................................................................................................
17
PART22:
SUMMARY.....................................................................................................................................
17
COUNCILLOR
ACKNOWLEDGEMENT.........................................................................................................
22
AppendixA................................................................................................................................................
23
Appendix8................................................................................................................................................ 24
AppendixC................................................................................................................................................. 27
AppendixD................................................................................................................................................
28
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
PART
1:
PREAMBLE
Members have important obligations and responsibilities to those they represent, service,
and interact with in connection with carrying out the roles and duties attending a Member's
office.
The purpose and intent of this Code of Conduct is as follows:
i)
To establish guidelines for ethical conduct required of Members;
ii) To establish guidelines to encourage and ensure interpersonal conduct,
communications and interactions consistent with legal requirements ( i. e.
Occupational Health and Safety Act, Ontario Human
Rights Code); and
iii) To provide mechanisms to ensure accountability and compliance with the
required ethical and interpersonal
conduct standards of this Code of Conduct.
PART 2: DEFINITIONS
2. 1 "
Censure" means an official expression of disapproval or condemnation.
2. 2 "
Clerk" shall mean an Employee authorized to act as the Clerk of the Township.
2. 3 "
Closed Meeting" shall mean a meeting or part of a meeting of Council not open to
the public in accordance with the Municipal Act, 2001, S. O. 2001, Chapter 25, as
amended.
2. 4 "
Committee" shall mean a Committee established by Council.
2. 5 "
Complaint" shall mean an alleged violation of this Code.
2. 6 "
Confidential Information" includes information in the possession of the Township
that the Township is prohibited from disclosing under the Municipal Freedom of
Information and Protection of Privacy Act, the Personal Health Information
Protection Act, 2004 and
other applicable
legislation. Confidential
Information
also
means any information that is of a personal nature to Township employees or
clients or information that is not available to the public and that, if disclosed, could
result in loss or damage to the Township or could give the person to whom it is
disclosed
an advantage.
Confidential Information includes items disclosed or
discussed at closed sessions of Council and Committee meetings.
2. 7 "
Council" shall mean the elected officials who constitute municipal council for The
Corporation of the Township of Malahide.
2. 8 "
Employee" shall mean a person employed by the Township, including those
employed on personal service contracts and volunteers, but does not include
members of Council.
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2. 9 "
Gift" includes any cash or monetary equivalent fee, object of value, service,
forbearance, preferential treatment, or personal benefit received from a third party.
2. 10 "
Good Faith" shall mean accordance with standards of honesty, trust, and sincerity
as practiced and understood within the Malahide community.
2. 11 "
Integrity Commissioner" shall mean a person appointed by Council to provide
independent and consistent complaint investigation and resolution respecting the
application of the Code of Conduct, and as defined by Township of Malahide By-
law No. 19- 21 (" Integrity Commissioner By-law").
2. 12 "
Immediate Relative" shall mean a parent, child, sister, brother, sister-in- law,
brother-in- law, father- in- law, mother- in- law, as well as step -relationships.
2. 13 "
Lobby" or "lobby" shall mean to communicate with a member outside of a public
process about matters of interest or benefit to the lobbyist and their client business
organization. Communication may be about a by-law or resolution on any matter
that requires a decision by Council, a local board, or delegated decision -maker
and includes matters regarding policies or programs, the purchase of goods and
services and the awarding of contracts, applications for a service grant, planning
approval, or other licence.
2. 14 "
Media" includes any entity such as radio, television, newspaper, magazine,
websites, blogs, social media, twitter feeds, or other vehicles for the public
dissemination
of information.
2. 15 "
Member" means any member of Council, and includes the Mayor and any member
of the public appointed to a committee or advisory board.
2. 16 "
Meeting" shall mean any regular, special or other meeting of Council.
2. 17 "
Pecuniary Interest" shall mean an interest that has a direct or indirect financial
impact or as defined under the Municipal Conflict of Interest Act, as amended.
2. 18 "
Spouse" shall mean the person to whom a Member is married or with whom the
Member is living in a conjugal relationship.
PART 3: APPLICATION
3. 1
This Code of Conduct applies to the Mayor, the Deputy Mayor and all Members
of Council and members of the public appointed to committees and advisory boards.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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PART 4: PURPOSE
4. 1
A Member' s conduct and behavior in terms of ethics and interpersonal conduct and
communications are regulated by legislative acts including, but not limited to, the
following:
a)
Criminal Code of Canada;
b)
Human Rights Code;
c)
Municipal Act, 2001;
d)
Municipal Conflict of Interest Act;
e)
Municipal Freedom of Information and Protection of Privacy Act;
f)
Municipal Elections Act, 1996;
g)
Personal Health Information Protection Act, 2004;
h)
The Public Inquiry Act, and,
i)
The Occupational Health and Safety Act.
PART
5: GENERAL
DUTIES
5. 1
It shall be the duty of all Members to abide by all applicable legislation, policies,
and procedures pertaining to their position as a Member.
5. 2
Members shall at all times serve and be seen to serve their constituents in a
conscientious
and diligent manner.
5. 3
Members will conduct their dealings with each other in ways that maintain public
confidence in the position to which they have been elected or appointed.
Members will be open and honest, focus on issues rather than personalities, and
avoid aggressive, offensive, or abusive conduct.
5. 4
Members shall accurately and adequately communicate the attitudes and
decisions of the Council even if they disagree with Council' s decision, such that
respect for the decision -making processes of Council is fostered.
5. 5
Members shall conduct themselves at all Council and Committee Meetings with
decorum, in accordance with the Township of Malahide' s Procedural By-law.
5. 6
In accordance with the Municipal Act, 2001 and the Municipal Conflict of Interest
Act, every Member shall exercise his or her power and discharge his or her official
duties in accordance with the following guiding principles:
a)
Seek to advance the common good of the Township;
b)
Exercise care, diligence and skill that a reasonably prudent person would
exercise
in similar circumstances;
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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c)
Exercise his or her powers only for the purposes for which they were
intended; and,
d)
Truly, faithfully and impartially exercise his or her office to the best of his or
her knowledge and ability.
PART
6:
CONFLICT
OF INTEREST
6. 1
Members have strict obligations to avoid conflicts of interest by taking the following
steps whenever a member has a direct or indirect pecuniary interest in any matter
that is before Council in a meeting where the member is present:
i)
disclose the general nature of the member' s interest prior to any consideration
of the matter in the meeting;
ii)
refrain from participating in the discussion of the matter or in any vote on the
matter; and
iii) refrain from attempting to influence the voting on the matter or question, before,
during or after the meeting.
6. 2
All members have important ethical and statutory obligations to adhere to the steps
outlined above to ensure avoidance of any conflict of interest in connection with
carrying out the obligations
of the Member' s office. Each Member must declare the
conflict of interest and general nature thereof verbally at the beginning of each
meeting and provide the Clerk with the signed declaration in accordance with
Appendix D attached.
6. 3
While the Integrity Commissioner may provide general interpretation of the Municipal
Conflict of Interest Act ( MCIA), it is expected that members seek independent
legal
advice on a specific question of individual compliance with the Act.
6. 4
Members shall be responsible for ensuring that they are familiar with the Municipal
Conflict of Interest Act. If, upon review by the Integrity Commissioner, a complaint
is deemed to be a matter covered by the Municipal Conflict of Interest Act, the
Integrity Commissioner shall advise the complainant, with an explanation, in writing,
and an investigation may be conducted in accordance with powers and duties of
Integrity Commissioner.
PART 7: GIFTS AND PARTICIPATION
AT EVENTS
7. 1
No Member shall solicit or accept any gift or accept or receive a fee, advance, cash
or personal benefit that is directly or indirectly connected with the performance of
his or her duties of office. For the purposes of this provision any gift provided to a
Member's child, parent, or spouse with the Member's knowledge shall be deemed
to be a gift accepted by that Member.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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7. 2
The Township recognizes that moderate hospitality and participation in charitable
non- profit fundraising, and business events is an accepted facet of community
participation
and business
relationships.
Accordingly, the following types of gifts
are recognized as exceptions to the prohibition in Section 7. 1:
a)
gifts that are received as an incident of protocol or social obligation that
normally and reasonably accompany the responsibilities of office;
b)
token gifts such as souvenirs, mementoes and commemorative gifts that are
given in recognition of service on a committee, for speaking at an event, or
representing the Township at an event;
c)
food and beverages consumed at lunches, dinners, charity fundraisers,
banquets, receptions, ceremonies, or similar events, if the Member's
attendance serves a legitimate municipal purpose;
d)
communications to the offices of a Member, including subscriptions to
newspapers
and periodicals;
e)
compensation authorized by law;
f)
political contributions that are offered accepted and reported in accordance
with applicable law;
g)
services provided without compensation
by persons volunteering their time;
h)
gifts of admission to dinner, charity fundraisers, banquets, receptions,
ceremonies, cultural events, sporting events, business galas, political events,
and similar events, if the Member's attendance serves a legitimate municipal
purpose;
i)
reasonable payment for participation in or organizing any reception, dinner,
gala, golf tournament, or similar event, to support charitable causes or a
political fundraising event, and food, lodging, transportation, or entertainment
from a not for profit non -government organization.
7. 3
Within 30 days of receipt of any gift described in Section 7. 2, Members shall file a
disclosure statement, in accordance with the format set forth in Appendix A
attached, with the Integrity Commissioner
for any gift that exceeds $ 200 in value.
If the value of any gift described
in Section
7. 2 exceeds $ 500 or if the total value of
such gifts received from any one source during one calendar year exceeds
1, 000, the Member shall file a disclosure statement with the Integrity
Commissioner within
30 days of the receipt of the gift. Every disclosure statement
shall indicate:
i)
the nature of the gift;
ii)
its source and date of receipt;
iii)
the circumstances
under which
it was received;
and
iv)
its estimated value.
7. 4
Every disclosure statement to the Integrity Commissioner and as anticipated
in 7. 3
above shall be a matter of public record.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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7. 5
The Integrity Commissioner shall report to Council annually on all gifts received by
Members that are disclosed in accordance with Section 7.3.
7. 6
The Integrity Commissioner shall examine every disclosure statement filed with
him or her to ascertain whether the receipt of the gift might in her or his opinion
create a conflict between a private interest and the public duties of the Member.
7. 7
If the Integrity Commissioner makes a preliminary determination of a conflict the
Member shall be asked to justify receipt of the gift.
7. 8
If the Integrity Commissioner determines that receipt of the gift was prohibited he
or she shall report the findings to Council.
PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS and TOWNSHIP STAFF
8. 1
Members have a duty to treat members of the public, each other, and staff with
respect and dignity and without abuse, bullying, or intimidation.
8. 2
Members have a duty to ensure that the Township' s work environment is safe and
free from discrimination and harassment.
8. 3
Members are to recognize that Employees serve Council and work for the municipal
corporation
under the direction of the Chief Administrative
Officer. Council directs
Employees through its decisions as recorded in the minutes and resolutions of
Council. The role of Employees is to provide advice and services that are based on
political neutrality, objectivity, and professional judgment which may not necessarily
reflect the opinion or position of any single Member. Members have no individual
capacity to direct Employees to perform specific functions.
8. 4
Inquiries of Employees from Members should be directed to the Chief Administrative
Officer or the appropriate Department Head.
8. 5
No Member shall compel Employees to engage in partisan political activities or be
subjected to threats, discipline, or discrimination for refusing to engage in any
such activity.
8. 6
Members shall show respect for the professional capacities of Township
Employees. Some Employees have professional credentials ( examples: CGA,
CBO) which create separate legal and ethical obligations for those Employees.
Members shall refrain from any conduct which may deter, interfere, or unduly
influence Employees in such a manner as to result in them violating their
professional legal or ethical obligations.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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PART 9: IMPROPER
USE OF INFLUENCE
9. 1
No Member shall use his or her office to seek to influence any decision made, or
to be made, by Council to the Member' s private advantage or to the advantage of
another
person.
9. 2
No Member shall use his or her office to seek to influence or interfere with the
administration or enforcement of the Township's regulatory By-laws or other laws
enforced by the Township. Notwithstanding
the foregoing, it is recognized that
Members of Council may in good faith raise the concerns of residents with
Township Employees for the purpose of determining
if those concerns can be
resolved having due regard for the public interest in fair and impartial By- law
enforcement.
9. 3
All applicants for Township positions shall have an equal opportunity to obtain
such employment.
No Member shall use his or her office to seek to
inappropriately influence the hiring of specific individuals for any position within the
Township.
9. 4
Nothing in this Section prohibits a Member from providing a reference for an
applicant for any position within the Township, or offering his or her opinions and
voting on any decision to hire a Chief Administrative
Officer.
9. 5
No Member shall support any cause or third party using the Township' s corporate
logo or the Township letterhead in any communication intended to solicit funds
without a vote or resolution of Council.
PART
10: CONFIDENTIAL INFORMATION
10. 1
Members shall hold in strict confidence all Confidential Information concerning
matters
dealt with
in -camera. No Member shall release, make public, or in any
way divulge any such Confidential Information or any aspect of the in -camera
deliberations unless expressly authorized by Council or required by law.
10. 2
No Member shall release, make public, or in any way divulge any such
Confidential Information acquired by virtue of his or her office unless expressly
authorized by Council or required by law. The capacity to release Confidential
Information can only be made by a majority of Council, and no individual member
of Council has the authority to waive this privilege.
10. 3
No Member shall use information gained in the execution of his or her office that is
not available to the general public for any purpose other than his or her official
duties.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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10. 4
No Member shall access or attempt to gain access to Confidential Information in
the custody of the Township except to the extent necessary for the performance of
his or her duties as a Member and not prohibited by this Code or any other
statute, By-law, or policy.
10. 5
Members are only entitled to Confidential Information in the possession of the
Township that is relevant to matters
before the Council or Committee.
Beyond
this entitlement, Members have the same level of access to information as does
any other citizen.
PART 11:
COMMUNICATIONS
AND MEDIA RELATIONS
11. 1
In order to foster respect for the decision making process of Council, Members
shall fairly and accurately communicate the decisions of Council, even if they
disagree with
a majority
decision
of Council, and/ or voted
in the minority. Members
may publicly express disagreement with a decision, but are to do so in a respectful
manner.
11. 2
In communications
with the media, Members shall not indicate, implicitly or
explicitly, that they speak on behalf of Council, unless they have been authorized
to do so by Council.
11. 3
Members shall refrain from making disparaging
remarks about other Members,
members of the public, Employees, or Council' s process and decisions.
PART
12: MUNICIPAL ELECTION CAMPAIGNS
12. 1
Members of Council are required to comply with the Municipal Elections Act, 1996.
12. 2
No Member shall use Township property, including the Township' s logo, for any
election campaign or campaign related activities.
12. 3
No Member shall undertake campaign related activities on Township -owned lands,
with the exception of the permissible use of campaign signs along road allowances,
and in compliance with any local sign By- laws, as applicable.
12. 4
No Member shall use the services of Employees in work for his or her (re)election
during hours in which those Employees
are being paid by the Township. The
participation of Township staff with respect to municipal elections is generally
discouraged.
PART
13: CONDUCT OF FORMER MEMBERS
13. 1
The Township shall not hire or award any contract to any former Member for a
period of 12 months from the date the former Member ceased to hold office except
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
where the former Member is the successful bidder through a quote or tender
consistent with appropriate Township policies.
13. 2
A former Member may not lobby the Township or any Member for a period of 12
months from the date the former Member ceased to hold office.
PART 14: USE OF TOWNSHIP PROPERTY
14. 1
Members may only use Township property, including land, facilities, equipment,
supplies, services, staff, or other resources ( for example, Township - owned
materials, computers, networks, websites) for activities directly connected with the
discharge of their official Township duties.
14. 2
Occasional or incidental personal use of Township computers, phones, or similar
devices and communication systems is acceptable, subject to the provisions of the
Municipal Elections Act. Such use may also be subject to the Municipal Freedom
of Information and Protection of Privacy Act.
14. 3
No Member shall obtain financial gain from the use or sale of Township -developed
intellectual property including inventions, cultural materials, computer programs,
technical innovations, or other items capable of being patented, or copyrighted, as
all such property remains exclusively that of the Township.
PART
15:
NEPOTISM
15. 1
No Member shall attempt to influence the hiring or promotion of a Spouse or
Immediate
Relative.
15. 2
No Member shall make any decision or participate in the process to hire, transfer,
promote, demote, discipline, or terminate a Spouse or Immediate Relative.
15. 3
If a Spouse or Immediate Relative of a Member is an applicant for employment
with the Township or candidate for promotion or transfer, the Spouse or
Immediate Relative will proceed through the usual selection process with no
special consideration.
15. 4
No Member shall place himself or herself in a position where he or she could have
influence over their Spouse or Immediate Relative' s employment.
15. 5
No Member shall attempt to use a Spouse or Immediate Relative relationship for
financial or other gain.
PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER
16. 1
No Member shall obstruct the Integrity Commissioner in the carrying out of their
responsibilities.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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16. 2
It is a violation of this Code to obstruct any staff member acting under the
instruction of the Integrity Commissioner in applying or furthering the objectives or
requirements of this Code, in attempting to gather information or data, or in the
general conduct of duties with respect to a Code of Conduct investigation.
16. 3
Examples of obstruction under sections 16. 1 or 16. 2 include the destruction of
documents, the erasure of electronic documents, withholding or concealing the
existence of documents, and refusal to respond to inquiries from the Integrity
Commissioner
within
15 days of receipt of same.
PART 17: REPRISALS
17. 1
No Member shall seek any reprisal or threaten any reprisal against a complainant
or any other person for providing relevant information to the Integrity Commissioner
in the course of inquiry pursuant to a complaint.
PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS
18. 1
REQUIREMENTS
Members have important legal responsibilities and accountabilities in connection with the
tone and substance of interpersonal interactions, conduct or communications
pursued in
the context of carrying out the activity of a municipal Councillor.
18. 2 MUNICIPAL POLICIES
The purpose of this section of the Code of Conduct is to ensure that Members governed by
this Code of Conduct understand and comply with standards of conduct required at law in
terms of their interpersonal
interactions,
communications
and conduct.
In addition
to this
Codes of Conduct, the Council is also governed by the Respect in the Workplace policy.
The Municipal Corporation
and Members, as agents of the Municipal Corporation, share
important obligations for ensuring compliance with required standards of interpersonal
conduct and interactions. A failure to adhere to the required Standards of Conduct can
expose both the Township and individual Members to potential liabilities.
Human Rights Guarantees: The Obligation to Treat Every Person with Dignity,
Understanding and Respect and Avoid Harassment and Discrimination
The Ontario Human Rights Code extends equality rights guarantees in the context of
employment
and the delivery of services. A Municipal
Government
is both an employer
and service provider.
As a result, the interactions and conduct of Members governed by this Code of Conduct
generally occur in the context of providing services or interacting with employees.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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In connection
with such interactions, Members have a legal obligation to ensure
adherence
to equality
rights guarantees.
Members have an obligation to ensure that all
individuals dealt with are treated with dignity and respect, and not exposed to
harassment or discrimination as prohibited by the Human Rights Code.
As a Member, your obligations in this regard extend to anyone you deal with in the
context of employment or delivery of services, including but not necessarily limited to, the
following: other Members of Council, Committee Members, Local Board Members,
Corporate Employees, individuals providing services, contractors, students, and the
public.
PART 19: COMPLIANCE / ACCOUNTABILITY / ENFORCEMENT
The Township has important obligations and interests in ensuring compliance with the
ethical and interpersonal conduct standards required of Members by this Code of
Conduct.
The Township has an interest and obligation to respond to all allegations, complaints, or
incidents of alleged conduct inconsistent with the standards outlined
in this Code of
Conduct in a manner consistent with the interests and legal obligations of the Township.
The Township recognizes that the Township and the Members have a mutual interest in
providing and encouraging access to compliance/ enforcement mechanisms in connection
with the conduct required by this Code that deliver objective, independent, skilled, and
efficient determinations in connection with alleged misconduct by any Member.
The Township shall appoint an Integrity Commissioner, pursuant to Section 223. 3 of the
Municipal Act, to inquire into and determine any alleged non- compliance with the
standards of conduct defined in the Code of Conduct and to investigate
and advise on
the ( MICA) in March, 2019 and thereafter by a Member.
In all circumstances where the Township becomes aware of an allegation that a Member
has engaged in any prohibited activity or breached any standard of conduct outlined in
this Code of Conduct, whether by informal communications or formal complaints, the
matter will be addressed as follows:
i)
The " informal" complaint procedure attached as Appendix
1 may be followed
but is not mandatory;
ii)
Any issue of non- compliance with the Code of Conduct shall be referred to the
Integrity Commissioner through the Complaint Protocol attached as Appendix 3;
iii)
The Integrity Commissioner shall conduct an Inquiry to determine whether the
Member has engaged in conduct in contravention of the Code of Conduct (except
as specified below in ' Complaints or Reports Prior to an Election');
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iv)
In planning and pursuing the relevant inquiry, the Integrity Commissioner may
proceed consistent with the procedural aspects of any policies addressing the
subject of the alleged infringement
and exercise his/ her powers under Section 33
and Section 34 of the Public Inquiries Act;
v)
The inquiry pursued by the Integrity Commissioner shall be an independent
inquiry; independent of the Township or any of its agents, employees, or
members;
vi)
Where the Integrity Commissioner determines that he/ she has reasonable
grounds to believe that there has been a contravention
of any other act or the
Criminal Code, the Integrity Commissioner shall refer the matter to the appropriate
authority; suspend
his/ her inquiry, and report the suspension
to Council.
In these
circumstances, Council will pursue the necessary steps to ensure that the matter
is addressed consistent with the Township's obligations at law and any relevant
Township policies;
vii) Where the Integrity Commissioner completes an inquiry and determination of
the matter, he/ she shall prepare a written report of his/ her findings as to
whether
a Member has contravened
the Code of Conduct. In preparing the
report, the Integrity Commissioner may disclose such matters as are necessary
for the reporting
to Council. The Report
shall be delivered to Council.
Where
a
contravention of the Code is substantiated, Council may impose the Penalty;
viii) The Township shall consider written reports/ findings of the Integrity Commissioner
in open session unless otherwise prohibited by another Act ( eg. MFIPPA or
regulation);
ix)
Where the Integrity Commissioner determines that a Member has contravened the
Code of Conduct, the Integrity Commissioner shall recommend the penalty; such
penalty shall be within the remedial parameters defined in the Municipal Act;
x)
Where a Code of Conduct breach is alleged,
i)
the Member may take part in the discussion of the matter, including
making submissions to Council or the local board, as the case may be,
and may attempt to influence the voting on any question in respect of the
matter, whether before, during, or after the meeting. However, the
Member is not permitted to vote on any question in respect of the matter.
ii)
In the case of a meeting that is not open to the public, the Member may
attend the meeting or part of the meeting during which the matter is under
consideration.
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CODE OF CONDUCT
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OF THE TOWNSHIP
OF MALAHIDE
Penalties
xi)
Where a Member is found to have breached any standard of conduct required by
the Code of Conduct, the penalty will be determined
by the Council, on the advice
of the Integrity Commissioner. In determining the penalty, the Council shall take
into consideration the nature and degree of the current breach of the Code and
any prior non-compliance with the Code of Conduct by the Member.
Penalties imposed in connection with breaches of the Code of Conduct pursuant
to the Code may include:
A written reprimand; and/ or
2.
Suspension of remuneration paid to a Member with respect to services up
to 90 days; and/ or;
3.
Remedial measures as recommended
by the Integrity Commissioner ( ie.
apology and sensitivity training).
Refusal
to Conduct
Investigation
1.
If the Integrity Commissioner is of the opinion that the referral of a matter to him
or her is frivolous, vexatious, or not made in good faith, or that there are no
grounds or insufficient grounds for an investigation, the Integrity Commissioner
shall not conduct an investigation, or where that becomes apparent in the
course of an investigation, terminate the investigation.
2.
Complaints
referred that are repetitious
in nature, not germane to the Code of
Conduct in the opinion of the Integrity Commissioner, deemed frivolous and
without substance in the opinion of the Integrity Officer, OR, where the complaint
is deemed vexatious in the opinion of the Integrity Commissioner, such
complaints
shall not be advanced
to an investigation
stage.
3.
Other than in exceptional
circumstances, the Integrity Commissioner will not
report to Council or a local board on any complaint described in subsections ( 1)
and ( 2) except as a part of an annual or other periodic report.
4.
An application for investigation may only be made within six weeks after the
applicant became aware of the alleged contravention.
Complaints or Reports Prior to an Election
No complaint regarding a Member who is a candidate in an election may be
accepted by the Integrity Commissioner for review and/ or investigation
between
Nomination Day for a regular election and the ending of voting day in any year in
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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which
a regular
municipal
election will be held. The Integrity Commissioner shall
hold such complaint in abeyance until after voting day in a regular election year and
advise the complainant of the process.
PART 20: OTHER COMPLAINCE/ ENFORCEMENT
RIGHTS BEYOND THE REFERRAL
TO THE INTEGRITY COMMISSIONER
While the Township encourages complainants, Members, and all parties to access and
support the use of the Integrity Commissioner as the means of addressing any issues of
non-compliance with the Code of Conduct by Members, the Township has an obligation
and commitment to support complainants or potential complainants access to the
following processes in connection with allegations of prohibited activity, conduct, or
communications.
1.
Complaints of Harassment ( Code or Personae, Discrimination, Violence by
Employees, Members of Council
Access to the procedures committed to in the Township' s relevant Policies (i.e.
informal resolution, mediation, complaint procedures);
Complainants also have a right to file complaints with the Ontario Human Rights
Tribunal ( in connection with human rights allegations) and complaints with the
Ministry of Labour ( in connection with allegations of violence, threats of violence,
or personal harassment);
2.
Complaints Regarding Allegations of Conduct Regulated by the Criminal Code
Complaints can be directed to the Elgin County Detachment of the Ontario
Provincial Police to pursue an investigation under Section 122 of the Criminal
Code of Canada where allegations of fraud or breach of trust are made in
connection with a Member carrying out the duties of the office;
Complaints can be directed to the Elgin County Detachment of the Ontario
Provincial Police to pursue an investigation under Section 122 of the Criminal
Code of Canada regarding allegations of a Member's involvement in demands
for, acceptance of, offering, or agreement to accept a loan, reward, benefit, or
their advantage from any person, in connection with the performance of the
duties of the Member in the office;
3.
Complainant's Direct Dealings with Members in Connection with Concerns of
Non -Compliance with the Code of Conduct
Any person who believes that a Member has infringed any standard under this
Code of Conduct can advise the Member of the concern directly ( verbally or in
writing) that their activity infringes the Code of Conduct;
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Such person ( complainant) may directly encourage the Member to stop the
offending activity;
Such person ( complainant) should keep a record of the incident, including date,
time, location, persons present, and any other relevant information.
PART 21:
JUDICIAL
INVESTIGATION
In circumstances where liability is denied and the alleged misconduct is serious in nature,
Council may pass a resolution, pursuant to s. 274( 1) of the Municipal Act, requesting a
judicial investigation into the Member of Council, or Council' s Local Board or Committee
Member' s conduct.
PART 22: SUMMARY
The Township and all Members of Council share an important interest and responsibility
in ensuring that the standards of conduct required under this Code of Conduct are
understood, maintained and where necessary enforced by holding Members
accountable.
The standards reflect the ethical and legal context in which the Township and Members
must deliver
services
to the community
served by the Council and Members.
Deviations
from the standards of conduct outlined in this Code of Conduct leave the Township,
Council and individual Members exposed to the following:
Reputational
risk;
Loss of credibility in the community; and
Risks of significant liabilities.
All Members of Council are expected to be knowledgeable
of the contents of this Code of
Conduct and to adhere to the standards of conduct defined in the Code of Conduct and
Policies.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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Appendix
1
INFORMAL COMPLAINT
PROCEDURE
Individuals ( for example, Municipal employees, members of the public, members of
Council or local boards or organizations who have identified or witnessed behaviour or
an activity by a member of Council or a local board that they believe is in contravention of
the Code of Conduct for Members of Council and Local Boards, the " Code of Conduct"
would address the prohibited behaviour or activity themselves as follows:
1)
advise the member that the behaviour or activity contravenes the Code of
Conduct;
2)
encourage the member to stop the prohibited behaviour or activity;
3)
keep a written record of the incidents including dates, times, locations, other
persons present, and any other relevant information;
4)
tell someone else ( for example, a senior staff member or an officer of the
organization) about your concerns, your comments to the member, and the
response of the member;
5)
if applicable, confirm to the member's satisfaction with the response of the
member; or, if applicable, advise the member of your dissatisfaction with the
response; and
6)
consider the need to pursue the matter in accordance with the formal complaint
procedure outlined
in Appendix B, or in accordance
with another applicable
judicial or quasi-judicial process or complaint procedure.
Individuals and organizations are encouraged to initially pursue this informal complaint
procedure as a means of stopping and remedying a behaviour or activity that is
prohibited by the Code of Conduct. With the consent of the complaining individual or
organization and the member, the Integrity Commissioner may be part of any informal
process.
However, it is not a precondition or a prerequisite that those complaining
pursue the informal complaint procedure prior to pursing the formal complaint procedure.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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OF THE TOWNSHIP OF MALAHIDE
Appendix 2
DUTIES OF A MUNICIPAL INTEGRITY COMMISSIONER
The Integrity Commissioner shall perform the duties and have the powers provided
for in the Act, including but not limited to the following:
1) Advisory. Upon proper request, provide written and/ or verbal advice to individual
members of Council respecting the application of the Code of Conduct and/ or any
other procedures, rules, and policies relating to and reflecting upon their ethical
behavior, including but not limited to, general interpretation of the Municipal
Conflict of Interest
Act ( Ontario); and furthermore and when appropriate, providing
the full Council with specific and general opinions and advice respecting
compliance by elected officials in respect of the provisions of governing statues
the Code of Conduct and any other applicable procedures, rules, and policies.
2) Compliance Investigation/ Determinations: Upon proper request from a member of
Council or local board, municipal administration, or one or more members of the
public, to conduct an inquiry and make a determination as to any alleged
contravention
of the Code of Conduct or applicable procedures, rules, and policies
by a member of Council or local board and, thereafter, to report the details and
results of such inquiry to Council.
3) Educational:
Provide the Chief Administrative Officer or as directed with an annual
report of activities during the previous calendar year as Integrity Commissioner,
including but not necessarily limited to advice given to Council or individual
members of Council and a summary of inquiry results and determinations;
furthermore, provide outreach programs to members of Council and local boards
and relevant staff on legislation, protocols, and office procedures emphasizing the
importance of compliance with a Code of Conduct for public confidence in
Municipal Government; and, furthermore, dissemination of information available to
the public on the website operated by Malahide.
Notwithstanding that set forth above, the parties acknowledge and agree that the
function of the Integrity Commissioner is to provide advice and opinion to Council
and members thereof, to provide independent complaint prevention, investigation,
adjudication, and resolution to members of Council and the public, and education
respecting adherence with the Code of Conduct for members of Council and other
procedures, rules, and policies governing ethical behavior.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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Appendix 2 (continued)
1)
The parties hereto also acknowledge and agree that the Integrity Commissioner,
will perform services, and in particular those services relating to advisory and
educational duties, in a manner so as to avoid duplicated advice, opinion, and cost
in respect of identical
requests
and inquiries -- for example, the Integrity
Commissioner shall decline to provide individualized
advice and opinion to more
than one member of Council or a local board on identical issues but should choose
to provide general advice to Council or such local board as a whole to answer all
such inquiries. In addition, it is recognized that the Integrity Commissioner, will likely
receive requests for advice on matters involving compliance with the Municipal
Conflict of Interest Act ( the " MCIA") -- while the Integrity Commissioner
may provide
general interpretation
of the MCIA, it is expected that individual members of Council
or local boards will seek independent
legal advice on a specific question of
individual
compliance
with such legislation. ( See Appendix B)
4) The application of sections 5, 5. 1, and 5. 2 of the Municipal Conflict of Interest Act
to members of Council and of local boards will become the responsibility of the
Integrity Commissioner effective March 1, 2019.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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Appendix
3
COMPLAINT PROTOCOL
2)
Any member of Council, staff, or the public that believes they have experienced or
witnessed conduct in contravention
with the Code of Conduct may file a complaint
and request an investigation.
3)
All complaints shall be in writing and signed by an identifiable individual.
4)
A complaint shall set out reasonable and probable grounds for the allegation that
the member as contravened
the Code of Conduct and include a support affidavit
that sets out the evidence in support of the complaint.
5)
The complaint protocol information
package shall be available at the Township
Clerk' s office. (
See Appendix
B)
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CODE OF CONDUCT
FOR MEMBERS
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FOR
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TQWNSHIP. y
1 DR , .
A proud traditicm a brietfurum
Subject:
Code of Conduct for Members of Municipal Council and Council' s Local
Board
and Committee
Members ( hereinafter referred
to as " Members")
MEMBER ACKNOWLEDGEMENT
The preceding Code of Conduct has been explained to me and
I have received, read, and
understood the Code of Conduct for The Corporation of the Township of Malahide.
Member Name ( Please Print)
Member Signature
Date
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
TOWN s H I P' l
AAA"
mIDR
A proud traditiom a brightfutuis. IV
Appendix
A
Council Code of Conduct Disclosure Statement
TOWNSHIP OF MALAHIDE
Council
Code of Conduct
Part 7 of the Council
Code of Conduct
regarding
the acceptance
of gifts and benefits,
requires members to disclose the receipt of certain gifts and benefits if the dollar value of
a single gift or
benefit
exceeds $ 200.00 or if the total value of gifts and benefits received
from
one source
in
a
calendar
year exceeds $
1, 000. 00. This Disclosure
Statement
is to
be used to report on such gifts and benefits and shall be filed with the Clerk within 30 days
of receipt of such gift or benefit, or
upon
reaching
the annual limit. Disclosure Statements
are a matter of public record.
Nature of Gift or Benefit Received:
Source of Gift or Benefit:
Circumstances under Which Gift or Benefit Received:
Estimated Value of Gift or Benefit: $
Date Gift or Benefit Received:
Signature of Member:
Date Statement Received by Clerk:
Date:
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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OF THE TOWNSHIP OF MALAHIDE
O.- rowlaSHIP ]
IDR
A proud tradition,
a brkhtJature 16
Appendix B
Council Code of Conduct -- Formal Complaint Form/ Affidavit
TOWNSHIP OF MALAHIDE
Council
Code of Conduct
AFFIDAVIT
OF
I,
Town
etc.) of
Province of Ontario.
MAKE OATH AND SAY ( or AFFIRM):
full name), of the
full name)
City,
municipality of residence) in the
1.
1 have personal knowledge of the facts as set out in this affidavit, because
insert reasons - e. g. I work for... , I attended a meeting
at which... , etc.)
2.
1 have reasonable and probable grounds to believe that a member of the Township of
Malahide Council (
specify name of
member) h as contravened
section( s)
specify
section( s) of the Council Code of Conduct of the Township of Malahide. The particulars
of which are as follows:
Set out the statements of fact in consecutively numbered paragraphs in the space below, with each
paragraph being confined as far as possible to a particular statement of fact. If you require more space
please use the attached Schedule A form and check the appropriate box below. If you wish to include
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
exhibits to support this complaint, please refer to the exhibits as Exhibit A, B, etc. and attach them to this
affidavit.)
This affidavit is made for the purpose of requesting that this matter be reviewed by the
Township of Malahide appointed Integrity Commissioner and for no other purpose.
SWORN ( or AFFIRMED) before me at the
City, Town, etc.) Of
in the
Province of Ontario
on the
day of ,
20
Signature
Signature of Commissioner)
A Commissioner for taking affidavits etc.
Please note that signing a false affidavit may expose you to prosecution under
Sections 131 and 132 or 134 of the Criminal Code, R.S. C. 1985, c. C-46 and also to
civil liability for defamation.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION
OF THE TOWNSHIP
OF MALAHIDE
TOWNSMIPq
A yruuct tradition, o brrgtzf firtum.
Schedule
A ( Additional Information)
TOWNSHIP OF MALAHIDE
Council
Code of Conduct
To the affidavit required
under
Part 18 Procedure -- Formal Complaint of the Council Code
of Conduct.
If more than one page is required, please copy this blank page and mark each additional
page as 2 of 2, 2 of 3, etc. at the top right comer.)
This Schedule A referred
to in the affidavit of (
full name).
SWORN (OR AFFIRMED) before me on this
day of ,
20
A Commissioner for taking affidavits, etc.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
o. TQWNSHIP. 1
MA"
K10E4
10
A proud tradition, a brightfutum
Appendix
C
Council Code of Conduct -- Request for Advice Form
TOWNSHIP OF MALAHIDE
Council
Code
of Conduct
Name of Member:
Telephone
No.:
Email Address:
Advice
Requested: (
Please
provide as much detail
as possible.
Attach additional pages
if required.)
Signature of Requestor
Date Received by Integrity Commissioner
Date
Date Reply Issued
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
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Name of Member:
Date:
Meeting:
Agenda item number and name:
General Nature of the Conflict of Interest:
Signature of Member
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Date Received by Clerk