Code of Conduct for Council Members
O'Connor, Ontario
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Code of Conduct
Version 2.00 (August 6, 2018)
Code of Conduct
Township of O'Connor
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Code of Conduct
Version 2.00 (August 6, 2018)
Important Disclaimer: this protocol complies with the relevant provisions of the Municipal Act,
2001, SO 2001, c 25 (the "Act"). If you have any questions or concerns about this protocol or
how to implement it, please contact Wishart Law Firm LLP. Wishart Law Firm LLP is not
responsible for the results of any edit to this protocol other than as expressly authorized or
directed by Wishart Law Firm LLP.
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Contents
1.
Principles Upon Which This Code is Based ........................................................................................... 1
2.
Application of this Code ........................................................................................................................ 2
3.
Definitions ............................................................................................................................................. 2
4.
Compliance with Declaration of Office ................................................................................................. 4
5.
Adherence to Council Policies and Procedures .................................................................................... 4
6.
Conduct at Meetings ............................................................................................................................. 4
7.
Conduct Respecting Others .................................................................................................................. 5
8.
Conduct Respecting Staff and Officers ................................................................................................. 5
9.
Gifts, Benefits and Hospitality............................................................................................................... 6
10. Confidential Information....................................................................................................................... 9
11. Use of Municipal Property, Services and Other Resources ................................................................ 10
12. Conduct of Election Campaign ............................................................................................................ 10
13. No Improper Use of Influence ............................................................................................................ 10
14. Non-Compliance with this Code of Conduct - Sanctions ................................................................... 11
15. No Reprisal or Obstruction in the Application or Enforcement of this Code ..................................... 12
16. Statutes and Policies Regulating the Conduct of Members................................................................ 12
17. Complaints Alleging Violation of This Code ........................................................................................ 13
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1. Principles Upon Which This Code is Based
1.1
A municipality is a responsible level of government. Improving the quality of municipal
governance and administration can best be achieved by encouraging high standards of
conduct on the part of all Members. In particular, the public is entitled to expect the
highest standards of conduct from the Members of its local government. In turn,
adherence to these standards will protect and promote the Municipality's reputation and
integrity.
1.2
Key statements of principle that underline this Code of Conduct are as follows:
a)
Council, and its Members are the leaders of the Municipality both inside and
outside its geographic boundaries. Especially in an age of social media and
electronic messaging, strong positive management of the reputation of the
Municipality is needed. The statements and behavior of Council affect the
Municipality's reputation as a place to live and do business. Conflict and
inappropriate conduct among Members, staff, officers and members of the public,
adversely affects the Municipality's reputation and is to be avoided. Put
differently, Council has a strong role to protect and promote the Municipality
and its reputation as an excellent place to live, work and do business;
b)
Members must serve and be seen to serve their constituents in a conscientious
and diligent manner;
c)
Members must be committed to performing their functions with integrity,
avoiding the improper use of the influence of their office, and conflicts of interest,
both real and perceived;
d)
Members are expected to conduct themselves and perform their duties in office
and arrange their private affairs in a manner that promotes public confidence and
will bear close public scrutiny;
e)
Members must recognize and act upon the principle that democracy is best
achieved when the operation of government is as transparent and accountable to
the Public as possible;
f)
Members shall seek to serve the public interest by upholding both the letter and
spirit of the laws of Parliament and the Ontario Legislature, as well as the laws
and policies adopted by the Municipal Council;
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g)
Members must not use the status of their position to inappropriately influence
the decision of another individual or body. For example, to obtain a personal
advantage for the Member, the Member's parents, children, spouse, staff, friends,
associates, business or otherwise; or to disadvantage another party.
h)
Members shall be respectful of the role of staff to provide advice with political
neutrality and objectivity and without undue influence from a Member or
Members.
2. Application of this Code
2.1
This Code of Conduct applies to every Member.
3. Definitions
3.1
In this Code of Conduct:
a)
"Benefit" means preferential treatment, privileged access, favours or other
advantage including, but not necessarily limited to, invitations to sporting,
cultural or social events, access to discounts and loyalty programs and promises
of a new employment.
b)
"Ceremonial Gift" means official gifts provided as part of the culture or practices
of communities or government within Canada or internationally, which although
they may be given to a Member, are accepted by a Member on behalf of a
municipality and become the property of a municipality.
c)
"Child" means a child born within or outside marriage and includes any adopted
child, step child, foster child and a person whom a Member has a demonstrated a
settled intention to treat as a child of his or her family;
d)
"Confidential Information" means any information in the possession of, or
received in confidence by, the Municipality that the Municipality is prohibited
from disclosing, or has decided to refuse to disclose, under the Municipal Freedom
of Information and Protection of Privacy Act or any other law. Confidential
Information also includes information of a corporate, commercial, scientific or
technical nature received in confidence from third parties; personal information;
information that is subject to solicitor-client privilege; information that concerns
any confidential matters pertaining to personnel, labour relations, litigation,
property acquisition, the security of the property of the Municipality or a Local
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Board; and any other information lawfully determined by the Council to be
confidential, or required to remain or be kept confidential by legislation or order.
e)
"Council" means the Council of the Township of O'Connor.
f)
"Gift" means free or discounted items or services and any item or service that
would, viewed in light of all the circumstances, be regarded as a gift by a
reasonable Person not including Ceremonial Gifts.
g)
"Hospitality" means the friendly reception and entertainment of guests, which
may range from light refreshments at a meeting to expensive restaurant meals
and sponsored travel or accommodation.
h)
"In-camera meeting" means a meeting, or part of a meeting, closed to the public
pursuant to section 239 of the Municipal Act, 2001.
i)
"Information" includes a record or document written or otherwise;
j)
"Integrity Commissioner" means the Person appointed by by-law in accordance
with section 223.3 of the Municipal Act, 2001 and who is responsible for
performing, in an independent manner, the functions assigned by the
Municipality with respect to the application of the Code of Conduct for
Members.
k)
"Local Board" means, for the purpose of this Code of Conduct, a local board
other than:
i. A society as defined in subsection 2(1) of the Child, Youth and Family
Services Act, 2017;
ii. A board of health as defined in subsection 1(1) of the Health Protection and
Promotion Act;
iii. A committee of management established under the Long-Term Care
Homes Act, 2007;
iv. A police services board established under the Police Services Act and/or
the Police Services Act, 2018;
v. A board as defined in section 1 of the Public Libraries Act; and
vi. A corporation established in accordance with section 203 of the Municipal
Act, 2001;
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l)
"Member" means a member of Council, which shall include the Mayor,
members of Committees and members of Local Boards, unless, with respect to
members of Local Boards, the context requires otherwise, and shall not include
staff or ratepayers.
m)
"Officer(s)" means a person who holds a position of responsibility with definite
rights and duties prescribed by statute or by-law.
n)
"Parent" means a person who has demonstrated a settled intention to treat a
child as a part of his or her family whether or not that person is the natural
parent of the child;
o)
"Person" includes a corporation, partnership, association and any other entity, as
the context allows; and
p)
"Spouse" means an individual to whom an individual is married or with whom an
individual is living in a conjugal relationship outside marriage.
q)
"Transparency" means that the municipality actively encourages and fosters
stakeholder participation and openness in its decision-making processes. It
means that the municipality's decision-making process is open and clear to the
public.
4. Compliance with Declaration of Office
4.1
Every Member shall act in accordance with his or her declaration of office sworn
pursuant to section 262 of the Municipal Act, 2001. A copy of the Declaration of Office is
attached as Schedule "A".
5. Adherence to Council Policies and Procedures
5.1
Every Member shall observe and comply with every provision of this Code of Conduct,
as well as all other policies and procedures adopted or established by Council.
6. Conduct at Meetings
6.1
Every Member shall conduct himself or herself properly and in a civil and respectful
manner at meetings, and in accordance with the provisions of the Procedural By-law,
this Code of Conduct, and other applicable law.
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6.2
Members will respect the decision-making process. Members will attempt to accurately
and adequately communicate the attitudes and decisions of Council, even if they
disagree with a majority decision of Council.
6.3
Members shall strive to attend all Council Meetings. Any Member who is unable to
attend a Council Meeting shall advise the clerk as soon as is reasonably possible of the
reason for their absence.
7. Conduct Respecting Others
7.1
7.2
7.3
Every Member has the duty and responsibility to treat members of the public, one
another and staff appropriately and without abuse, bullying or intimidation, and to
ensure that the municipal work environment is free from discrimination and
harassment. The Member shall be familiar with, and comply with, the Municipality's
Workplace Harassment/Violence Policy.
A Member shall not use indecent, abusive or insulting words, tone or expressions
toward any other Member, any municipal staff or any member of the public.
A Member shall not speak in a manner that is discriminatory to any individual, based on
any protected grounds. Protected grounds include: citizenship, race, place of origin,
ethnic origin, colour, ancestry, disability, age, creed, sex/pregnancy, family status,
marital status, sexual orientation, gender identity, and gender expression1.
8. Conduct Respecting Staff and Officers
8.1
8.2
Under the direction of the senior administrative staff, and in accordance with the
decisions of Council, staff and Officers are required to serve the municipal corporation
as a whole. Every Member shall be respectful of the role of staff and Officers to provide
advice based on political neutrality and objectivity and without undue influence from
any Member or group of Members. Accordingly, no Member shall maliciously or falsely
injure or impugn the professional or ethical reputation of any staff person or Officer.
Members shall acknowledge and respect the fact that staff carry out directions of
Council, through senior staff, including but not limited to the Clerk-Treasurer, Deputy
Clerk-Treasurer, and Road Superintendent/Leadhand, and administer the policies of
the Municipality. No Member shall perform, direct or attempt to undermine the duties
of any staff person or Officer except in accordance with the Municipality's procedural
by-law.
11 See Human Rights Code, R.S.O. 1990, c.H.19
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8.3
Every Member shall show respect for staff and Officers, and for their professional
capacities and responsibilities.
8.4
No Member shall direct, instruct or compel any staff member or Officer to engage in
partisan political activities or subject any staff member or Officer to threat or
discrimination for refusing to engage in any such activity.
8.5
No Member shall use or attempt to further his or her authority or influence by
intimidating, threatening, coercing, commanding or improperly influencing any staff
person or Officer or interfering with that person's duties, including the duty to disclose
improper activity.
9. Gifts, Benefits and Hospitality
9.1
For the purposes of this Code, Gifts, Benefits and Hospitality provided, with a
Member's knowledge, to that Member's spouse, child or parent, or to his or her staff,
that is connected directly or indirectly to the performance of the Member's duties, are
deemed Gifts, Benefits and Hospitality provided to that Member.
9.2
No Member shall accept Gifts, Benefits and Hospitality connected directly or indirectly
with the performance of his or her duties, unless permitted under one or more of the
exceptions listed below:
9.3
Each of the following is recognized as an exception:
a)
compensation authorized by law;
b)
Gifts, Benefits and Hospitality of the kind that normally accompanies the
responsibilities of office and is received as an incident of protocol or social
obligation;
c)
a political contribution otherwise authorized and reported as required by law, in
the case of a Member running for office;
d)
services provided without compensation by a Person volunteering their time in a
function that would not normally be provided for compensation;
e)
a suitable memento of a function honouring the Member;
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f)
food, lodging, transportation or entertainment lawfully provided by any
Provincial, regional or local government or board or political subdivisions of any
of them, by the Federal government, a foreign government, or by those
organizing a conference, seminar or event where the Member is speaking or
attending in an official capacity;
g)
food and beverage consumed at a banquet reception or similar event, if:
i.
attendance by the Member is for a legitimate municipal purpose;
ii.
the Person extending the invitation, or a representative of the
organization holding the event, is in attendance; and
iii.
the value is reasonable;
h)
communications to the office of a Member, even if such communication would, in
the ordinary course, require a subscription; and
i)
a sponsorship or donation for a community event organized or run by a Member,
or a third party on behalf of a Member, subject to the limitations set out in any
applicable municipal policy.
9.4
Except for exception 9.3 (c) (political contributions allowable by law), these exceptions
do not apply where Gifts, Benefits and Hospitality are provided by a lobbyist or a
lobbyist's client or employer. In this provision, a lobbyist is an individual, organization
or business who or that:
a)
lobbies, or causes the lobbying of, any public office holder of the Municipality,
the municipal council or corporation or a Local Board;
b)
the Member knows is attempting or intending to lobby the Member or any of
the public, Persons or bodies listed in paragraph (a); or
c)
is maintaining an active lobbyist registration with the Municipality, whether or
not with respect to any specific or current subject matter.
9.5
The exceptions in section 9.3 do not apply to a gift from an anonymous sender. No
Member shall accept a gift from an anonymous sender. Where a Member receives a gift
from an anonymous sender, the Member will turn the gift in to the Clerk who will
donate the gift to a charity/organization on the Municipality's approved donation list.
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9.6
In the case of any of the recognized exceptions in sections 9.3 (b), (e), (f), (h) and (i), to
enhance transparency and accountability with respect to Gifts, Benefits and Hospitality,
if the value of the Gift, Benefit or Hospitality is over $300, or if the total value of Gifts,
Benefits and Hospitality received from any one source during the course of a calendar
year exceeds $300, the Member shall file, within 30 days of receipt, or of reaching the
annual limit, a disclosure statement with the Municipality or with its Integrity
Commissioner.
9.7
The disclosure statement must set out:
a)
the nature of all Gifts, Benefits, and Hospitality;
b)
its source and date of receipt;
c)
the circumstances under which it was given and received;
d)
its estimated value or, if determinable, its exact value;
e)
what the recipient intends to do with any gift; and
f)
whether any gift will at some point be provided to the Municipality.
9.8
Every disclosure statement filed under this Code shall be made a public record
and posted in a place available for public review.
9.9
Upon receiving a disclosure statement, the Municipality or the Integrity Commissioner,
as the case may be, shall examine, or in the case of the Municipality, appoint a Person to
examine, the disclosure statement to ascertain whether the receipt of any Gifts, Benefits,
or Hospitality, in his or her opinion, acting reasonably, contravenes this Code. Making
such determination shall include providing the Member an opportunity to provide an
explanation as to why receipt of any Gift, Benefit or Hospitality at issue does not
contravene this Code.
9.10
Should a determination be made that receipt of any Gift, Benefit or Hospitality
contravenes this Code, the Member shall be directed to promptly return, dispose of, or
reimburse the person giving the Gift, Benefit or Hospitality, for the full value thereof, as
applicable or remit the value of any gift or benefit already consumed to the
Municipality.
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10. Confidential Information
10.1
No Member shall disclose, release, sell or publish by any means directly or
indirectly, to any person or to the public, any Confidential Information acquired
by virtue of his or her office, in any form including, but not limited to, written notes,
reports, oral and video recording, pictures, electronic correspondence, and any form of
social media except when required or authorized by Council or otherwise by law to do
so.
10.2
No Member shall use Confidential Information for personal or private gain or benefit,
or to disadvantage any other person or body.
10.3
Unless required by law, no Member shall disclose the substance of deliberations of
meetings held in-camera and that are authorized to be held in-camera under the
Municipal Act, 2001 or any other legislation unless or until Council discloses such
information at a meeting that is open to the public or otherwise releases such
information to the public.
10.4
Without limiting the generality of the foregoing, no Member shall, without lawful
authority, disclose or make personal use of any of the following types of Confidential
Information:
a)
Information concerning litigation, negotiation or personnel or labour matters;
b)
Information the publication of which may infringe on the rights of any person
(e.g. source of a complaint where the identity of a complainant is given in
confidence);
c)
Price schedules in any contract, tender or proposal document while such remains
Confidential Information;
d)
Information deemed to be "personal information" under the Municipal Freedom of
Information and Protection of Privacy Act; and
e)
Any other information or statistical data required by law not to be released.
10.5
No Member shall obtain access, or attempt to gain access, to Confidential Information
in the custody of the Municipality, Local Board or Committee except to the extent that
such access is necessary for the performance of his or her duties and such access is not
prohibited by Council or otherwise by law.
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11. Use of Municipal Property, Services and Other Resources
11.1
No Member shall use, or permit the use of, municipal equipment, land, facilities,
supplies, services, staff or other resource, including any municipally-owned information,
website, or funds allocated for Member expenses, for any purpose or activity other than
the lawful business of the municipal corporation. No Member shall seek or acquire any
personal financial gain from the use or sale of Confidential Information, or of any
municipally-owned intellectual property including any invention, creative writing or
drawing, computer program, technical innovation, or any other information or item
capable of being patented or copyrighted, for which property remains exclusively that of
the Municipality.
12. Conduct of Election Campaign
12.1
Every Member shall comply with all applicable requirements of the Municipal Elections
Act, 1996 and with the Municipality's municipal or board resources rules and procedures
established pursuant to section 88.18 of the Municipal Elections Act, 1996.
12.2
No Member shall use Confidential Information for any election campaign or campaign
related activity. Facilities, equipment, supplies, services, or other resources of the
Municipality, may only be utilized for any election campaign or campaign-related
activity if available to all municipal candidates. No Member shall undertake
campaign-related activities on municipal property during regular working hours
unless authorized by the Municipality.
12.3
No Member shall use the services of any person for election-related purposes during
hours in which that person receives any compensation from the Municipality.
13. No Improper Use of Influence
13.1
No Member shall use the influence of his or her office for any purpose other than for the
lawful exercise of his or her official duties and for municipal purposes.
13.2
No Member shall use his or her office or position to influence or attempt to influence
the decision of any other person, for the Member's private advantage, the private
advantage of the Member's parent, child, spouse, staff member, friend or associate,
business or otherwise or the disadvantage of others. No Member shall attempt to secure
preferential treatment beyond activities in which Members normally engage on behalf
of their constituents as part of their official duties. No Member shall hold out the
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prospect or promise of future advantage through the Member's supposed influence
within Council in return for any action or inaction.
13.3
For the purposes of this provision "private advantage" does not include a matter:
a)
That is an interest in common with electors generally as defined in the Municipal
Conflict of Interest Act;
b)
that affects a Member, his or her parents/children or spouse, staff, friends or
associates, business or otherwise, as one of a broad class of persons; or
c)
that concerns the remuneration or benefits of a Member.
13.4
This provision does not prevent a Member from requesting that Council grant a lawful
exemption from a policy.
14. Non-Compliance with this Code of Conduct - Sanctions
14.1
A Member found by the Integrity Commissioner to have contravened any provision of
this Code, may be subject to one or more of the following consequences imposed by
Council as referred to in the following:
a)
a reprimand;
b)
suspension of the remuneration paid to the Member in respect of his or her
services as a Member of the Council or Local Board, for a period of up to 90
days;
c)
Other penalties, including, but not necessarily limited to:
i. Removal from membership of a Committee or Local Board;
ii. Removal as Chair of a Committee or Local Board;
iii. Require repayment or reimbursement of moneys received;
iv. Return of property or reimbursement of its value;
v. A request for an apology;
vi. Revocation of travel or another budget;
vii. Request for resignation; and
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viii. Trespass order restricting access except for Council Meetings.
15. No Reprisal or Obstruction in the Application or
Enforcement of this Code
15.1
Every Member must respect the integrity of the Code of Conduct and inquiries and
investigations conducted under it and shall co-operate in every way possible in securing
compliance with its application and endorsement. Any reprisal or threat of reprisal
against a complainant or any other person for providing relevant information to the
Integrity Commissioner or any other person is prohibited. It is also a violation of the
Code of Conduct to obstruct the Integrity Commissioner or any other municipal official
involved in applying or furthering the objectives or requirements of this Code, in the
carrying out of such responsibilities or pursuing any such objective.
15.2 Every Member shall cooperate with the Integrity Commissioner if the Integrity
Commissioner conducts an inquiry concerning an alleged contravention of this Code.
16. Statutes and Policies Regulating the Conduct of Members
16.1
In addition to this Code of Conduct, the following Ontario legislation also governs the
conduct of Members:
a)
the Municipal Act, 2001 as amended;
b)
the Municipal Conflict of Interest Act;
c)
the Municipal Elections Act, 1996;
d)
the Municipal Freedom of Information and Protection of Privacy Act;
e)
the Ontario Human Rights Code; and,
f)
the Occupational Health and Safety Act.
16.2
The following policies govern the conduct of Members:
Procedural By-Law
December 19, 2002 2002-22
Code of Conduct for Employees
October 24, 2011
2011-14
Accountability and Transparency
December 17, 2007 2007-20
Workplace Harassment/Violence
June 28, 2010
2010-16
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Hiring Policy
December 8, 2004
2004-14
Delegation by Council of Powers and Duties
December 17, 2007 2007-19
Code of Conduct for the position of Building Official
April 10, 2006
2006-06
16.3 The Criminal Code also governs the conduct of Members.
16.4
A Member may become disqualified and lose his or her seat by operation of law,
including being convicted of an offence under the Criminal Code or being found to have
failed to comply with the Municipal Conflict of Interest Act, whether or not the conduct in
question involves contravention of this Code of Conduct. In the case of any
inconsistency between this Code and a Federal or Provincial statute or regulation the
statute or regulation shall prevail. Should any provision of the Code become or be
determined to be invalid, illegal or unenforceable, it shall be considered separate and
several from the agreement and the remaining provisions shall remain in force.
17. Complaints Alleging Violation of This Code
17.1
Where a Member, a municipal employee, Officer, or a member of the public has
reasonable grounds to believe that a Member(s) has contravened this Code, a complaint
may be submitted to the Clerk's Department in the prescribed form which will be
forwarded to the Municipality's Integrity Commissioner who will process it in
accordance with the Integrity Commissioner Inquiry Protocol attached hereto as
Schedule "B". The Complaint may also be submitted directly to the Integrity
Commissioner in the event that such office is readily accessible.
17.3
Where a Member is found not to have contravened this Code, the Municipality is
authorized to protect that Member against costs or expenses incurred by the Member as
a result of the complaint proceedings.
DECLARATION OF OFFICE
(Section 232 of the Municipal Act, 2001)
I, , having been elected or appointed to the office
(name of person)
of
(name of office)
in the municipality of
(name of municipality)
do solemnly promise and declare that:
1.
I will truly, faithfully and impartially exercise this office to the best of my knowledge and ability.
2.
I have not received and will not receive any payment or reward, or promise thereof, for the
exercise of this office in a biased, corrupt or in any other improper manner.
3.
I will disclose any pecuniary interest, direct or indirect, in accordance with the Municipal Conflict
of Interest Act.
4.
I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or the
reigning sovereign for the time being).
And I make this solemn promise and declaration conscientiously believing it to be true and knowing that
it is of the same force and effect as if made under oath.
Declared before me
)
at the ................................................................
)
.........................................................................
)
.........................................................................
)
signature of declarant
on ....................................................................
)
20......
)
Commissioner for taking Affidavits