Code of Conduct for Members of Council and Local Boards By-law 19-016
Quinte West, Ontario
· adopted 2019-03-04
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The Corporation Of The Gity Of Quinte West
By-Law Number l9-016
Being A By-Law To Adopt A Code of Conduct For Members Of Council And
Local Boards For The Gity of Quinte West.
Whereas Section 10 of the Municipal Act, 2001 , as amended, authorizes a
single-tier municipality to pass by-laws regarding the accountability and
transparency of the municipality and its operations and of its local boards and
their operations;
And Whereas Section 223.2 (1) of the Municipal Act, 2001 , as amended,
conveys a municipality shall establish codes of conduct for members of the
Council of the municipality and of its local boards;
And Whereas the Council of the Corporation of The City of Quinte West deems
it expedient to establish a Code of Conduct for Members of Council and Local
Boards;
Now Therefore The Gouncil Of The Gorporation Of The City Of Quinte West
Hereby Enacts As Follows:
1. That this By-law shall be entitled the "Code of Conduct for Members of
Gouncil and Local Boards By-law".
2. That the Code of Conduct for Members of Council and Local Boards as set
out in Schedule 'A' attached hereto, is hereby adopted for the City of Quinte
West.
3. This By-law shall take effect upon the final date of passing
Read A First, Second And A Third Time And Finally Passed This 4th Day Of
March,2019.
Harrison, Mayor
"*d*
Xóin Heath, City Clerk
A Natural Attraction
Policy Number: CFS-19-01
Last Revision Date: March 4,2019
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Coverage: Members of Council and
Local Boards
Code of Conduct
For Members Of Council and Local Boards
Date of lssue: March 4,2019
Approved By: Council
1.0 PURPOSE AND POLICY STATEMENT
2.0
The Corporation of the City of Quinte West is committed to achieving the highest
quality of munícipal administration and governance by encouraging high
standards of conduct on the part of all elected officials and members of its Local
Boards and Committees. A code of conduct aims to ensure public trust and
confidence in the Municipality's decision making and operations. The public
should expect the highest standards of conduct from the members they elect to
local government, as well as members serving on Local Boards and Committees.
In turn, adherence to these standards will protect and maintain the Municipality's
reputation and the integrity of its decision-making process.
STATUTORY PROVISIONS REGARDING CONDUCT
ln addition to the Council Code of Conduct, Members are required to comply with
existing provincial and federal legislation, including but not limited to:
a) MunicipalAct, 2001;
b) Municipal Conflict of lnterest Act;
c) Municipal Elections Act, 1996;
d) Municipal Freedom of lnformation and Protection of privacy Act;
e) Provincial Offences Act;
f) Ontario Human Rights Code;
g) Ontario Occupational Health and Safety Act;
h) Criminal Code of Canada; and
i) The Accessibility for Ontarians with Disabilities Act.
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SUBJECT: CODE OF CONDUCT
FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
3.0 APPLICATION
This Code of Conduct applies to all Members of Council, including the Head of
Council. lt also applies equally to all Members of Local Boards and Committees
of the Municipality, whether or not a Member of that Local Board or Committee is
also a Member of Council.
DEFINITIONS
ln this Code of Conduct, the following terms have the meanings set out below:
a) "Chief Administrative Officernn shall mean the employee who is responsible for
exercising general control or management of the administration and affairs of the
Municipality and other duties as directed by Council.
b) 'oGhild" includes a child born within or outside of marriage and includes an
adopted child and a person to whom the Member has demonstrated a settled
intention to treat as a child of his or her family.
c) "Glosed/ln-Gamera Meeting" means any meeting of Council, Committee of the
Whole, Standing Committee or Board that is closed to the public in accordance
with the Municipal Act,2001.
d) "Confidential lnformation" includes information in the possession of, or
received in confidence by the Municipality, that the Municipality is prohibited from
disclosing, that the Municipality is required to refuse to disclose, or that the
Municipality chooses not to disclose, under the Municipal Freedom of Information
and Protection of Privacy Act (MFIPPA), or other legislation or policy of the
Municipality. Without limiting the generality of the foregoing, Confidential
lnformation also includes all information concerning matters dealt with at Closed
Meetings, information that is marked as "confidential", information obtained by
the Member by virtue of their position as a Member that is not in the public
domain, or information that is othenruise determined to be confidential by the
Chief Administrative Officer, Clerk or as specifically declared by Council.
e) "Department Head" means the person or persons in charge of managing a
department and the Staff of that department.
Ð "Gouncil" means the Council of the Corporation of the City of Quinte West.
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SUBJECT: CODE OF CONDUCT
FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
g) "Ethically" means behaving in a manner characterized by honesty, fairness and
equality in interpersonal relationships and with respect for the dignity and rights
of other people.
h) "Family Member" includes:
i. A Spouse of the Member;
ii. A Child of the Member;
i¡¡. A Parent of the Member;
iv. A Sibling of the Member, whether by birth, marriage or adoption;
v. A Grandchild, grandparent, aunt, uncle, niece or nephew of the Member;
vi. A Parent-in-law of the Member; and
vii. Any person who lives with the Member on a permanent basis.
i) "G¡ft" means any cash or monetary equivalent, fee, object of value, service,
personal benefit, travel and accommodation or entertainment. A gift does not
include remuneration.
j) "Harassment" includes, but is not limited to, engaging in a course of vexatious
or unwanted comment or conduct that is known or ought reasonably to be known
to be unwanted and includes Sexual Harassment as defined in the Occupational
Health and Safety Acf, as amended from time to time.
k) "Local Board" means a local board other than those excluded under section
223.1 of the Municipal Act, as amended from time to time.
l) "Member" includes an elected member of the Municipal Council and all
members of Boards and Committees of the Municipality, subject only to section
a(k) of this Code of Conduct.
m) "Municipality" means the Corporation of the City of Quinte West.
n) "Parent" includes those persons who demonstrated a settled intention to treat as
a Child the Member, whether or not the Member is their natural child.
o) "Spouse" means a person to whom the Member is married or with whom the
Member is living in a conjugal relationship outside of marriage.
p) "Staf includes anyone employed by the Municipality, including full-time, part-
time, temporary, casual or seasonal Staff, contract Staff, students and volunteers
(in accordance with the Municipal Act, Council Members are not considered
employees of the Municipality).
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SUBJECT: CODE OF CONDUCT
FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
5.0 CONFIDENTIALITY
5.1
Every Member must hold in strict confidence all Confidential lnformation
acquired as a direct or indirect result of the Member's role with the
Municipality. Confidential information shall not be disclosed except when
required by law, or when authorized by Council or the Chief Administrative
Officer.
5.2
Every
a)
Member shall keep confidential any information:
disclosed or discussed at a meeting of Council, Committee of the
Whole or Committee, Board meeting or part thereof, that was
closed to the public;
that is circulated to members of Councilthat is marked confidential
Any documentation marked confidential shall be kept secure until
no longer required in the course of business and shall at that time
be destroyed by the member of Council or returned to the office of
the Chief Administrative Officer for destruction; and
that is received in confidence verbally in preparation for an In-
Camera meeting.
b)
c)
5.3
The obligation to keep information confidential applies even if the Member
ceases to be a Member for any reason.
6.0 GENERAL CONDUCT
6.1
Every Member has the duty and responsibility to treat members of the
public, Staff and each other in a respectful manner, without abuse,
bullying, Harassment or intimidation.
6.2 A Member shall not use indecent, abusive, or insulting words or
expressions toward any other Member, any member of Staff, or any
member of the public. A Member shall not speak in a manner that is
discriminatory to any individual based on that person's race, ancestry,
place of origin, creed, gender, sexual orientation, age, colour, marital
status, or disability.
6.3 Every Member shall abide by the following principles
a) Members shall at all times act Ethically;
b) Members shall perform their functions with integrity, accountability and
transparency;
c) Members shall comply with all applicable legislation, by-laws and
Municipal policies, including this Code of Conduct;
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SUBJECT: CODE OF CONDUCT
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d) Members acknowledge that the public has a right to open government
and transparent decision-making ;
e) Members shall at all times serve the interests of their constituents and
the Municipality in a conscientious and diligent manner and shall
approach decision-making with an open mind; and
f) Members shall not extend preferential treatment to any individual or
organization.
7.0 CONDUCT AT MEETINGS
Every Member shall conduct themselves with decorum and professionalism at all
Council, Committee, Board and other meetings in accordance with the provisions
of the applicable Procedure by-law, this Code, and other applicable law.
8.0 CONDUCT AT PUBLIC EVENTS
Members may be requested to make public presentations outside of Council,
Committee, Board and other meetings or to attend public events as
representatives of the Municipality. At any such event, every Member shall
conduct themselves with dignity and decorum, in a manner befitting of a
representative of the Municipality.
9.0 CONFLICT OF INTEREST
9.1
Members must be familiar with and comply with the Municipal Conflict of
Interest Act, as amended. lt is the responsibility of each Member, not
Staff, to determine whether they have a direct or indirect pecuniary
interest with respect to matters arising before Council, a Board or
Committee. Each Member shall determine whether he or she has a direct
or indirect pecuniary interest and shall at all times comply with the Act.
9.2
For purposes of this Code, a pecuniary interest, direct or indirect, of a
Family Member of the Member shall be deemed to also be the
personal/pecuniary interest of the Member. All Members shall declare a
conflict of interest where they or their Family Member has a pecuniary
interest in a matter and shall take all of the actions prescribed in the
Municipal Conflict of lnterest Act as if the Act applied to that interest.
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SUBJECT: CODE OF CONDUCT
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9.3
ln addition to pecuniary interests, Members must perform their duties
impartially, such that an objective, reasonable observer would conclude
that the Member is exercising their duties objectively and without undue
influence. Each Member shall govern their actions using the following as a
guide:
in making decisions, always place the interests of the
taxpayers and the Municipality first and, in particular, place
those interests before your personal interests and the
interests of other Members, Staff, friends, business
colleagues or Family Members;
interpret the phrase "conflict of interest" broadly and with the
objective of making decisions impartially and objectively;
if there is doubt about whether or not a conflict exists, seek
the advice of the lntegrity Commissioner or legal counsel;
do not make decisions that create an obligation to any other
person who will benefit from the decision;
do not make decisions or attempt to influence any other
person for the purpose of benefitting yourself, other
Members, Staff, friends, business colleagues or Family
Members, or any organization that might indirectly benefit
such individuals;
do not put yourself in the position where a decision would
give preferential treatment to other Members, Staff, friends,
business colleagues or Family Members, or any organization
that might indirectly benefit such individuals; and
do not promise or hold out the prospect of future advantage
through your influence in return for a direct or indirect
personal interest.
9.4 Direct or indirect personal interests do not include:
a)
f)
s)
b)
c)
d)
e)
a)
b)
c)
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a benefit that is of general application across the
Municipality;
a benefit that affects a Member or his or her Family
Members, friends or business colleagues as one of a broad
class of persons; or
the remuneration of Council, a Member or benefits available
to Council or Members.
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9.5 Every Member has the following obligations
a)
To make reasonable inquiries when there is reason to
believe that a conflict of interest may exist;
b)
To make Council or the Board or Committee aware of the
potential conflict of interest and where appropriate declare
the conflict of interest;
c)
To refuse to participate in the discussion of Council, the
Board or Committee and to not vote on the matter or seek to
influence the vote of any other Member where a conflict of
interest exists;
d)
To refuse to be involved in any way in the matter once the
conflict is identified, including without limitation participating
in meetings, facilitating meetings or introductions to Staff or
Members or providing advice to any person that would
materially advance the matter; and
e)
lf the matter which creates the conflict of interest is
discussed in an ln-Camera session, the Member may not
attend that portion of the ln-Camera session where that
matter is discussed.
IO.O COMMUNIGATIONS AND MEDIA RELAT¡ONS
10.1 Members, when communicating with the public and media, will accurately
and adequately communicate the attitudes and decisions of the Council,
Board or Committee, even if a Member disagrees with a majority decision,
so that there is respect for and integrity in the decision making process.
10.2 lnformation related to decisions and resolutions of Council, a Board or
Committee, as the case may be, will normally be communicated to the
community by the head of Council, the Board or the Committee, as the
case may be, or his or her designate.
10.3 lt is not the intent of this Code of Conduct to restrict the ability of a
Member to express a personal opinion on matters of general interest. ln
such cases, the Member must make it clear that the comment is being
made in their capacity as a private citizen, and not as a representative of
the Municipality. ln no event should a Member express a position that is
disrespectful of the decision of the majority of Council, a Board or a
Committee.
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10.4 Any use of social media in any form by a Member constitutes
communication with the public that is governed by this section. Members
shall identify in any social media communication that the views expressed
by the Member are the views of that Member personally, and do not
represent the views of the Municipality.
10.5 lf Council has taken a position in a Local Planning Appeals Tribunal, or
other tribunal or court, and instructed the Municipal Solicitor to appear at a
hearing in support of such position, no Member who disagrees with such
position shall give evidence at such hearing or otherwise work against the
will of Council expressed in its direction to the Municipal Solicitor in such
matter.
1I.O INTERACTION WITH STAFF
11.1 The Municipality has worked diligently at creating a positive working
relationship between Members and Staff. To a large degree this has been
successful due to a mutual respect for each other's' roles and
responsibilities.
11.2 Members shall not:
a)
b)
c)
maliciously or falsely injure the professional or ethical reputation of
Staff;
compel Staff to engage in partisan political activities or be
subjected to threats of discrimination for refusing to engage in such
activities; or
use their authority or influence for the purpose of intimidating,
threatening, coercing, commanding, or influencing any Staff
member with the intent of interfering with Staff duties.
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11.3 Operational inquiries and complaints received from the public will be
addressed by Members as follows:
a)
Members who are approached by the public with
inquiries/complaints regarding operational matters should
encourage the party to contact the appropriate department for
review/resolution;
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b)
where the Member of the public is reluctant to contact the
department directly, the Member should take the person's name,
phone number and details of the inquiry/complaint and advise them
that the matter will be referred to the Chief Administrative Officer for
revieWresolution;
members of the public should be encouraged to provide their
issue/matters of concern in writing to the appropriate department;
where the inquiry/complaint is not resolved to the satisfaction of the
member of the public, then the Member shall refer the member of
the public to the Municipality's complaint policy for any further
action.
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c)
d)
11.4 Members shall recognize and respect that many members of Staff are
bound by professional associations to a code of ethics and professional
conduct and that they provide their reports and recommendations
objectively, in the best interests of the Municipality and within the
requirements of their profession.
11.5 Municipal Council, acting as a body, can dictate that Staff perform such
duties as are necessary for the efficient management of the affairs of the
community, and/or research such matters as the Council deems
necessary. Individual Council members do not have authority to direct
Staff or the Chief Administrative Officer. Council shall direct Staff through
the Chief Administrative Officer.
11.6
Local Board and Committee Members do not have the authority to direct
Staff, with the limited exception of any Staff member assigned by Council
to that Board or Committee. Ultimately, Council retains the discretion to
assign, remove and direct Staff who provide assistance to any Board or
Committee. Requests for Staff changes shall be directed to the Chief
Administrative Officer who shall make Staffing determinations, and consult
with Council as necessary.
11.7 The role of the Chief Administrative Officer and Department Heads is to
direct the day to day management of the Municipality and assign duties to
the Staff placed under their supervision. To encourage the efficient
management of the Municipality, individual Members must be cognizant of
that fact and are advised of the following:
a)
Members will respect and adhere to the Policies set by Council,
and will under no circumstances take it upon themselves,
individually, to circumvent established Policies.
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b)
Council, as a body, and Members, as individuals, will liaise only
with the Chief Administrative Officer or Department Heads. This
requirement is not designed to interfere with the normalflow of
information with those Staff members (Administrative Assistants,
Clerk, Committee Secretaries) who have been assigned the
responsibility of providing information to Members such as meeting
times, copies of documents, information on standard operating
procedures, etc.
Questions or issues surrounding operational concerns or
complaints, excluding the basic issues covered in s. 11.3 above,
should be directed to the Department Head.
Members who still have concerns about operational issues, after
addressing them with the Department Head, should raise these
concerns with the Chief Administrative Officer.
Members who still have concerns about operational issues after
addressing them with the Chief Administrative Officer should raise
these concerns with Council.
Should information be required by individual Members, a request
must be made of the appropriate Department Head who will then
decide which Staff member will obtain the data. ln the extended
absence of the Department Head, or in the case of an urgent
matter where the Department Head is not available, inquiries
should be directed through the Chief Administration Officer.
Members should respect the fact that Staff are busy and should not
engage them in conversations, emails or phone calls that may take
an excessive amount of time or othenryise divert Staff from their
duties.
c)
e)
12.0 USE OF MUNICIPAL PROPERTY
12.1 No Member shall for personal purposes or profit, use or permit the use of
any Municipal property, equipment, services, or supplies other than for
purposes connected with the discharge of Municipal duties or associated
community activities of which Council has been advised, unless the use is
reasonable and incidental personal use of equipment such as computers,
fax machines, cell phones, blackberries, etc., where the Municipality
incurs no additional costs relating to such use, and the use is of limited
duration and frequency.
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d)
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SUBJECT: CODE OF CONDUCT
FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
12.2 This policy does not apply to the use of Municipal property and facilities
where such use is universally known to be available to other residents
upon request and on equal terms.
12.3 No Member shall obtain financial gain from the use of Municipally
developed i ntellectual property, com puter prog rams, tech nolog ical
innovations or other patentable items, while an elected official or
thereafter. All such property remains the exclusive property of the
Municipality.
12.4 Municipal property and resources, including facilities, purchasing
provisions, equipment, supplies, Staff and services will not be used for any
election campaign activities, before or after Nomination Day.
12.5 Members will not undertake campaign-related activities on municipal
property unless permitted by the Returning Officer or their designate.
12.6 Members will not use the services of Staff for election-related purposes
during hours in which those persons receive compensation from the
Municipality. For purposes only of this provision, Staff shall include any
person under contract with the Municipality or receiving remuneration from
the Municipality for anY service.
127 Members shall comply with the City's Corporate Resource Use Policy For
Election Purposes.
I3.O EXPENSES
13.1 Members are required to adhere to any relevant policies, procedures and
guidelines with respect to any expenses included in the budget (such as,
but not limited to: mileage reimbursement, conference and seminar
attendance, and corporate promotional products).
13.2 Falsifying of receipts or signatures by a Member is a serious breach of this
Code of Conduct and the Criminal Code of Canada and could lead to
prosecution.
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SUBJECT: CODE OF CONDUCT
FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
14.0 GIFTS AND HOSPITALITY AND OTHER BENEFITS
14.1 The objective of the Gift provisions is to ensure that Members make
Council decisions based on impartial and objective assessments of each
situation, free from influence of Gifis, favours, hospitality or entertainment.
14.2 The term Gifts, commissions, hospitality, rewards, advantages or benefits
of any kind, may be used interchangably and shall be deemed to include
all of the aforementioned.
14.3 Any stipend paid to a Member is intended to fully remunerate the Member
for service to the Municipality.
14.4 Members are prohibited from soliciting, accepting, offering or agreeing to
accept any Gifts, commissions, hospitality, rewards, advantages or
benefits of any kind, personally or through a Family Member or associate
(business or othenruise), that is connected directly or indirectly with the
performance of duties of office or could reasonably be construed as being
given in anticipation of future, or recognition of past, special consideration
by the Member.
14.5 Members are prohibited from accepting, directly or indirectly, any Gifts,
hospitality or other benefits that are offered by persons, groups or
organizations having dealings with the Municipality.
14.6 The above policy does not preclude Members from accepting:
a)
Token gifts, souvenirs, mementoes or hospitality received in
recognition for service on a committee, for speaking at an event or
for representing the Municipality at an event;
b)
Political contributions that are othenruise offered accepted and
reported in accordance with applicable law;
c)
Food and beverages at meetings, banquets, receptions,
ceremonies or similar events;
d)
Food, lodging, transportation, entertainment provided by other
levels of governments, by other local governments or by local
government boards or commissions;
e)
A stipend from a board or commission that the Member serves on
as a result of an appointment by Council;
f)
Reimbursement of reasonable expenses incurred in the
performance of office;
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Reimbursement of reasonable expenses incurred and honorariums
received in the performance of activities connected with municipal
associations;
Gifts of a nominal value that are received as an incident of protocol
or social obligation that normally and reasonably accompany the
responsibility of the office;
Services provided without compensation by persons volunteering
their time for election campaign, provided the services are properly
valued in accordance with the Municipal Elections AcL
147 Where it is not possible to decline unauthorized Gifts, hospitality or other
benefit, Members shall report the matter to the Chief Administrative
Officer. The Gift shall become the property of the Municipality and the
Chief Administrative Officer may require that the Gift be retained by the
Municipality or be disposed of for charitable purposes in the Chief
Administrative Officer's sole discretion.
15.0 ADVICE AND OPIN¡ONS
15.1 Members may request advice or opinions from the lntegrity Commissioner
with respect to:
a)
The obligations of the Member under lhe Municipal Conflict of
lnterest Act:
b)
The obligations of the Member under this Code; or
c)
The obligations of the Member under a procedure, rule or policy of
the Municipality governing the ethical behavior of the Member.
15.2 Every request for advice or opinion shall be submitted in writing to the
Clerk, who shall fonryard the request to the Integrity Commissioner for a
response.
15.3 The lntegrity Commissioner shall not provide to any Member any advice or
opinion with respect to the obligations of another Member.
15.4 Members shall be mindful of the cost to the Municipality to obtain the
advice or opinion of the lntegrity Commissioner and shall not abuse this
entitlement.
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s)
h)
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SUBJECT: CODE OF CONDUCT
FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
15.5 The advice and opinions received by any Member are personal to the
Member and are considered confidential. No opinion or advice may be
shared by the Integrity Commissioner without the written permission of the
Member who requested the opinion or advice. The Member may grant
permission to share part of an opinion or advice, but in circumstances
where the Member shares only a portion of an opinion or advice the
Integrity Commissioner may release all or a part of the opinion or advice
without the consent of the Member.
15.6 Council may require any Member to undertake training with the lntegrity
Commissioner where Council determines that the Member has requested
opinions and advice more frequently than is reasonable in the
circumstances. The nature of the training will be to better explain the
Member's obligations under this Code and the Municipal Conflict of
lnterest Actto better enable the Member to govern his or her conduct
without seeking advice unnecessarily.
I6.0 ROLE OF THE ¡NTEGRITY COMMISSIONER
16.1 The lntegrity Commissioner shall be appointed by By-law of the
Municipality.
16.2 The lntegrity Commissioner shall operate independently of Council in
accordance with all of the authority and powers granted by the Municipal
Act and the Public lnquiries Ací
16.3 The lntegrity Commissioner may delegate his or her duties and powers to
any person, other than a Member. The delegation shall be in writing, shall
be disclosed to the Clerk and shall set out the precise delegation,
including the duration of the delegation.
16.4 Any delegation shall be at the sole discretion of the lntegrity
Commissioner, provided that the delegate is qualified and capable of
independently undertaking the work.
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16.5 The lntegrity Commissioner shall make an assessment prior to
undertaking any investigation as to whether the complaint gives rise to the
need for another entity to undertake an investigation. ln those
circumstances where the allegations disclose a potential Criminal Code
offence or the breach of other legislation (other than the Municipal Conflict
of lnterest Acf), the lntegrity Commissioner shall refer the investigation to
the appropriate entity and shall not conduct his or her own investigation
unless the entity determines that no investigation is required.
16.6 The lntegrity Commissioner shall prepare and submit to Council an Annual
Report that shall include at a minimum:
a)
A break-down of costs incurred for the following categories of work
performed (advice/investigations/d ispute resolution/trai n i ng) ;
b)
A summary of the nature of requests made and the resolution of the
matters, without providing any Confidential lnformation in the
Report; and
c)
Any recommendations for improvements to this Code or processes
or any procedure, rule or policy of the Municipality governing the
ethical behavior of the Member.
17.0 ENFORCEMENT AND SANCTIONS
17.1 Every Member shall comply with this Code. Any breach of this Code may
be investigated by the lntegrity Commissioner in accordance with this
Code and Council shall determine whether to impose any penalty or
sanction on a Member found to have breached any provision of this Code
17.2 Every Member has an obligation to cooperate with any investigation
17.3
The Municipal Act authorizes Council to impose one or more of the
penalties listed below, if so desired, on a Member that has contravened
this Code of Conduct:
a) A reprimand; or
b) Suspension of the remuneration paid to the Member in respect to
his or her services as a Member of Council, local Board or
Committee, as the case may be, for a period of up to 90 days.
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SUBJECT: CODE OF CONDUCT
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17.4 The Integrity Commissioner may also recommend that Council impose
any of the following sanctions:
)
a
b)
c)
d)
e)
Written and/or verbal public apology;
Return of property or reimbursement of its value or of monies
spent;
Removal from membership of any Committee or Board;
Removal as chair of a Committee or Board;
Other sanctions that are reasonably connected to the breach of this
Code of Conduct and which the lntegrity Commissioner believes in
his or her sole discretion are necessary to modify the behavior of
the Member.
I8.O NO REPRISAL OR OBSTRUCTION IN THE ENFORCEMENT OF THE CODE
Every Member must respect the integrity of this 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 enforcement. 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. lt is
also a violation of this Code of Conduct to obstruct the Integrity Commissioner in
the carrying out of any of his or her responsibilities, including without limitation
destroying relevant communications.
19.0 COMPLAINT PROTOCOL
Any person who has reasonable grounds to believe that a Member has breached
this Code may proceed with a complaint and request an investigation.
Complaints must be submitted within ninety (90) days after the alleged violation
occurred or the alleged violation came to the attention of the complainant. No
complaint may be filed under any circumstances where the alleged violation
occurred more than six (6) months prior to the complaint being filed.
Appendix I outlines the informal and formal complaint procedure that shall be
followed.
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APPENDIX I
COMPLAINT PROTOCOL FOR COUNCIL AND LOCAL BOARD CODE OF
CONDUCT
Part A: lnformal Complaint Procedure
lnformal complaints can be addressed by any person who believes that the
activity of a Member has breached this Code of Conduct or the Municipal Conflict
of Interest Acf, but the person does not want to initiate a formal complaint. Any
person may:
a) Advise the Member that his or her behavior or activity appears to
constitute a contravention ;
b) Encourage the Member to acknowledge and agree to stop the prohibited
behavior or activity and avoid future occurrences of the prohibited behavior
or activity;
c) Where the Member agrees to cease the behavior, confirm in writing that
the agreement is satisfactory;
d) Where the Member's response is not satisfactory, advise the Member of
your dissatisfaction with the response; and
e) Consider the need to pursue the matter in accordance with the formal
complaint procedure outlined in Part B.
Individuals are encouraged to pursue the informal complaint procedure as the
first means of remedying behavior or an activity that they believe violates the
Code of Conduct.
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Paft B: Formal Complaint Procedure
Formal Complaints
Any individual who identifies or witnesses behavior or an activity by a Member
that they believe is in contravention of this Code of Conduct or the Municipal
Conflict of Interest Act, may file a formal complaint.
Any person may file a complaint with the Municipality by submitting in writing the
prescribed Complaint Form to the Clerk. The form must contain an attestation
from the complainant that they believe that the facts as set out in the complaint
are true to the best of their knowledge and belief and that they make those
statements as if they were under oath.
Every complaint must be accompanied by the prescribed fee in the amount of
$100.00.
ln the event that the lntegrity Commissioner determines that a complaint is
frivolous, vexatious or does not disclose a breach of this Code of Conduct or the
Municipal Conflict of lnterest Act, al any point after the submission of the
complaint, the complainant shall forfeit the fee. lf the result of the complaint is a
negotiated resolution or a finding that the Member breached this Code of
Conduct or the Municipal Conflict of lnterest Acf, the fee shall be refunded in
part, up to 50%, based on the recommendation of the lntegrity Commissioner.
5.
Every complaint shall include the following
a) The complaint must set out reasonable and probable grounds for the
allegation that the Member has contravened this Code of Conduct or the
Municipal Conflict of lnterest Ací
b) Any witnesses in support of the allegation must be identified in the
complaint.
c) The lntegrity Commissioner may request additional information from the
complainant prior to making an assessment.
The complaint shall be filed with the Clerk, who shall forward the matter to the
lntegrity Commissioner. The Clerk shall also provide notice to Council by way of
confidential internal communication that a complaint has been filed, but no details
of the complaint shall be provided other than the fact of a complaint and whether it
is a complaint under this Code of Conduct, the Municipal Conflict of Interest Act or
other policy.
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lf the complaint is not, on its face, a complaint with respect to non-compliance with
this Code of Conduct or the Municipal Conflict of lnterest Act or the complaint is
covered by other legislation or complaint procedure under another policy, the
lntegrity Commissioner shall refer the complaint to the appropriate entity for
investigation, advise the complainant in writing, suspend the investigation until
after the matter has been finally disposed of, and report the suspension of the
investigation to Council.
Refusal to Gonduct lnvestigation
lf the lntegrity 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 lntegrity Commissioner shall not
conduct an investigation and, where this becomes apparent in the course of an
investigation, shall terminate the investigation. The Integrity Commissioner shall
communicate this position in writing to the complainant and the Member identified
in the complaint.
Opportunities for Resolution
Following receipt and review of a formal complaint, or at any time during the
investigation, where the lntegrity Commissioner believes that an opportunity to
resolve the matter may be successfully pursued, and both the complainant and the
Member agree, efforts may be pursued to achieve an informal resolution at the
discretion of the lntegrity Commissioner.
lnvestigation
10. The lntegrity Commissioner will proceed as follows, except where othenruise
required by the Public lnquiries Act:
a) Provide the complaint and supporting material to the Member whose
conduct is in question within 10 business days of the determination that an
investigation will proceed. A request will be included that the Member
provide any written response to the Integrity Commissioner within 10
business days;
b) Provide a copy of any response from the Member to the complainant
within 10 business days. A request will be included that the complainant
provide any written response to the Member's response within 10
business days;
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c) Provide a copy of any response from the complainant to the Member with
within 10 business days. A request will be included that the complainant
provide any written response to the complainant's response within 10
business days;
d) lf necessary, after reviewing the submitted materials, the lntegrity
Commissioner may speak to anyone, access and examine any other
documents or electronic materials and may enter any work location of the
Municipality relevant to the complaint for the purpose of investigation and
potential resolution;
e) The lntegrity Commissioner may make interim reports to Councilwhere
necessary and as required to address any instances of interference,
obstruction, delay or retaliation encountered during the investigation;
0 The lntegrity Commissioner shall retain all records related to the complaint
and investigation;
g) The lntegrity Commissioner may extend deadlines at his discretion.
Timing of Complaints in Relation to Municipal Elections
11. The report for completed investigations must be submitted to Council on or before
Nomination Day in the year of a municipal election.
12. lnvestigations of complaints that are not completed as of Nomination Day in an
election year shall be terminated on Nomination Day.
13. The complainant or the Member or former Member whose conduct was at issue
may re-commence the complaint within six (6) weeks of Voting Day by submitting
a written request to the lntegrity Commissioner, who shall, provided the request is
received on or before six (6) weeks from Voting Day, recommence the
investigation.
14. ln addition, on or after Nomination Day until the end of Voting Day in the year of a
municipal election:
a) no complaint shall be filed;
b) the lntegrity Commissioner shall not report to the Municipality about an
ongoing investigation; and
c) the Municipality shall not consider whether to impose any penalty on a
Member subsequent to an investigation.
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Gomplaints Under the Municipal Gonflict of lnterest Act
15. After March 1,2019, an elector as defined in section 1 of the Municipal Conflict of
lnterest Act, or a person demonstrably acting in the public interest, may submit a
request to the lntegrity Commissioner to conduct an investigation concerning an
alleged contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of lnterest
Actby filing with the Clerk a completed and signed complaint form and paying the
prescribed fee of $100.00.
16. No request may be submitted more than six (6) weeks after the complainant
became aware of the alleged contravention.
17. A request for an investigation in an election year may only be submitted prior to
Nomination Day or after Voting Day.
18. ln the event that a complainant becomes aware of the alleged contravention within
the period of time starting six (6) weeks before Nomination Day in an election year,
the complainant may apply to the lntegrity Commissioner within six (6) weeks after
the day after Voting Day, provided that the complainant includes in their written
request for an investigation a statutory declaration attesting to the fact that the
complainant became aware of the contravention not more than six (6) weeks
before the date of the request, or in the case where a complainant became aware
of the alleged contravention prior to Nomination Day, a declaration that the facts
were not known to the complainant more than six (6) weeks prior to Nomination
Day.
19. The lntegrity Commissioner has all the powers set out in the MunicipalAcf and the
Public lnquiries Acf when undertaking an investigation under this section and shall
follow the investigation process established in paragraph 10 above.
20. Where an investigation has not been completed before Nomination Day in an
election year, the Integrity Commissioner shallterminate the investigation on that
day.
21. An investigation terminated pursuant to paragraph 20 above shall not be
recommenced unless the person who made the request, or the Member whose
conduct is at issue, applies in writing to the lntegrity Commissioner to re-
commence the investigation.
22. The lntegrity Commissioner shall complete the investigation within 180 days of
receipt of the complaint, unless the investigation is terminated in accordance with
paragraph 20 above.
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23. The lntegrity Commissioner may, after completing an investigation, apply to a
judge in accordance with the Municipal Conflict of lnterest Actfor a determination
under the Act. Prior to making an application to court, the lntegrity Commissioner
shall present to Council a request to make the application and allow Council to
provide recommendations to the lntegrity Commissioner as to whether such an
application should be made. The lntegrity Commissioner is not bound by the
advice or recommendation of Council and shall refer the matter to a judge in his or
her sole discretion.
Recommendation Report
24. The lntegrity Commissioner shall report to the complainant and the Member
generally no later than 90 days after the official receipt of the complaint (180 days
in the case of a compliant under the Municipal Conflict of lnterest,4cf). lf the
investigation process takes more than 90 (180) days, the lntegrity Commissioner
shall provide an interim report and must advise the parties of the date the report
will be available.
25. After completing the investigation, the lntegrity Commissioner shall prepare a
report which shall make findings of fact and conclusions as to whether a breach of
this Code of Conduct or the Municipal Conflict of lnterest Acf occurred, as the case
may be, make recommendations to Council, and in the case of a Municipal Conflict
of lnterest Acf investigation, make a determination as to whether or not the matter
will be referred to the court, and include written reasons for the decision.
26. The report of the lntegrity Commissioner shall be published by posting the report
on the Municipalwebsite and making a copy available to all Members of Council
and the Members of the Board or Committee, as applicable.
Member Not Blameworthy
27. lf the lntegrity Commissioner determines that there has been no contravention of
this Code of Conduct or the Municipal Conflict of lnterest Act, or that a
contravention occurred although the Member took all reasonable measures to
prevent it, or that a contravention occurred that was trivial or committed through
inadvertence or an error of judgment made in good faith, the lntegrity
Commissioner may so state in the report and may make appropriate
recommendations.
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28. Where a Member has sought and followed advice from the lntegrity Commissioner
and is subsequently the subject of a complaint, the lntegrity Commissioner may
refer to the earlier advice and, provided that the facts as set out in the earlier
advice are still applicable, determine in a summary manner that there has been no
breach of this Code of Conduct or the Municipal Conflict of lnterest Act.
Public Disclosure
29. The Integrity Commissioner and every person acting under his or her jurisdiction
shall preserve confidentiality where appropriate and where this does not interfere
with the course of any investigation, except as required by law and as required by
this complaint protocol.
30. The lntegrity Commissioner shall retain all records related to the complaint and
investigation.
31. At the time of the lntegrity Commissioner's report to Council, the identity of the
person who is the subject of the complaint shall not be treated as Confidential
lnformation if the lntegrity Commissioner finds that it is necessary to disclose that
person's identity.
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