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S C H E D U L E " A " T O B Y - L A W 1 6 4 4 - 1 6
CORPORATION OF THE TOWN OF RAINY RIVER
Human Resources Department
Code of Conduct -
Members of Council
Policy No.
HR-8
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1) Policy Statement and Rationale
The Code of Conduct for Council Members ("Member or Members") and related policies
identify the Town of Rainy River's expectations of Members and establishes guidelines
for appropriate conduct to ensure that:
1.1 Rainy River residents have confidence in the integrity of their elected Members and
local government;
1.2 The decision-making process of Council is open, transparent, equitable and
accountable; and decisions are made through appropriate channels of government
structure;
1.3 Public office is not used for personal gain;
1.4 There is fairness and respect for differences and a duty to work together for the
common good of the community and the residents;
1.5 Members will be committed to performing their duties with integrity, honesty and
accountability, avoiding the improper use of the influence of their office, and
conflicts of interest, both real and apparent;
1.6 Members will behave in a manner that is ethically responsible at all times in
upholding the public interest, serving and seen to be serving constituents in a
conscientious and diligent manner that will withstand public scrutiny;
1.7 Members are provided with and able to obtain information on the ethical propriety of
conduct in different situations that they may demonstrate an understanding of the
fundamental rights, privileges and obligations of their elected position;
1.8 Members are to seek to serve the public interest at all times, by upholding both the
letter and the spirit of the laws and policies established by the Federal Parliament,
Ontario Legislature, and the Town of Rainy River.
2) Definitions
For the purpose of this Code of Conduct:
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"Clerk" means the Clerk or his/her designate of the Town of Rainy River.
"Code" means this Council Code of Conduct as it applies to members of Council of the
Town of Rainy River.
"Complaint" means an alleged contravention of the Code.
"Confidential Information" means any information that is not available to the public and
that, if disclosed, could result in loss or damage to the Town or could give the person to
whom it is disclosed an advantage, as further described in Part 2 of this Code.
"Corporate Resources" includes but is not limited to Town equipment, supplies, services,
tools, property (both physical and intellectual), systems, software systems, website,
domain name, logo, cell phone, phone, address, voice-mail, email address, email, facility
and staff while undertaking duties as an employee.
"Council" means the Council of the Town of Rainy River.
"Committee Member" means citizens and/or staff appointed by Town Council to
Committees of Council.
"Corporation" means Corporation of the Town of Rainy River.
"Employee" means a person employed by The Corporation of the Town of Rainy River
or Local Board, including those employed on a personal services contract, and
volunteers, but does not include Members of Council.
"Gifts and Benefits" means any cash or monetary equivalent, fee, object of value, service,
travel and accommodation, or entertainment.
"Good Faith" means in accordance with standards of honesty, trust and sincerity.
"Hospitality" means instances where there is entertainment of or by outside parties for
the furtherance of municipal business.
"Local Board" means a local board as defined in section 223.1 of the Municipal Act,
2001.
"Member" means a member of Council of the Town of Rainy River.
"Member of Council" means the Mayor or Councillor of The Corporation of the Town of
Rainy River.
"Office" means the authority and duties attached to the position of being an elected
member of Council.
"Official Duties" means the public duties of a Member and includes functions performed
by Members necessary to demonstrate responsible and accountable government with
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respect to matters within the Town or Local Board's jurisdiction, and which are done for
the purpose of providing good government with respect to those matters.
"Pecuniary Interests" are interests that have a direct or indirect financial impact or as
defined under the current Municipal Conflict of Interest Act as amended from time to
time, including:
i)
Any matter in which the member has a financial interest;
ii)
Any matter in which the member is a shareholder, director or senior
officer of or holds a controlling interest in a corporation that does or does
not offer its securities to the public, and such corporation has a financial
interest;
iii)
Any matter in which the member is a partner of a person or is in the
employment of a person that has a financial interest; and
iv)
Any matter in which a parent, spouse, same sex partner or any child of the
member has a financial interest, if known to the member.
"Personal Benefit" means forms of advantage other than financial such as seeking an
appointment, promotion or transfer within the Corporation on behalf of a family member
and includes the private interests of a Member.
"Staff" means all full-time and part-time persons hired by the Town including the CAO,
members of C.U.P.E. Local 65, Administrative staff, contract and temporary employees,
students and co-op placement staff.
"Town" means the Corporation of the Town of Rainy River.
"Town Property" means items, services or resources which are the property of the Town
including but not limited to: materials, equipment, facilities, technology, Town-
developed computer programs of technological innovations, databases, intellectual
property and supplies.
"Vexatious" means without reasonable or probable cause or excuse.
3) Roles and Obligations
3.1 Members must recognize their responsibility to:
Represent the diversity of community views in a fair and equitable manner, while
developing an overall strategy for the future of the Town;
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Endeavour to demonstrate sound financial management, planning and
accountability;
Be aware of and understand statutory obligations imposed upon individual
Members and Council as a statutory body.
3.2 The onus is on Members to ensure that they adhere to and uphold the Code.
4) Confidentiality
4.1 Confidential Information includes any information that is of a personal nature to
Town employees and/or clients, or information in the custody or under the control
of the Town that is not available to the public and that, if disclosed, could result in
loss or damage to the Town or could give the person to whom it is disclosed an
advantage.
4.2 Members shall not disclose or release by any means to any member of the public,
any confidential information acquired by virtue of their office, in either oral or
written form, or by means of electronic technology, except when required by law or
authorized by Council.
4.3 Members shall not disclose the content of a matter that has been discussed or the
substance of deliberations of a closed session, except for content that has been
authorized by Council to be released to the public.
Examples of the types of content that Members must keep confidential under this
section include but are not limited to:
- items under litigation, negotiation, or personnel matters;
- the source of a complaint;
- price schedules in contract tenders or Request for Proposal submissions if so
specified;
- information deemed to be personal information under the Municipal Freedom of
Information and Protection of Privacy Act;
- statistical data required by law not to be released (e.g., certain census or
assessment data).
4.4 Members shall not access or attempt to gain access to confidential information in
the possession of the Town unless it is necessary for the performance of their duties
and not prohibited by law or Council policy.
4.5 The obligation to keep information confidential is a continuing obligation even after
the Member ceases to be a Member.
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5) Respect, Truth, Honesty and Integrity
5.1 Members shall respect the values of truth, honesty and integrity in all Town of
Rainy River matters, issues and activities.
5.2 Members shall not impose their personal, moral or religious standards on others.
5.3 Every Member is an individual with specific rights, values, beliefs and personality
traits to be respected at all times.
5.4 Members shall respect the right to confidentiality and privacy of all clients,
volunteers and employees and be aware of their responsibilities under relevant
legislation, corporate and departmental policies, ethical standards and where
appropriate, professional standards. No discussion regarding clients, volunteers or
employees will be conducted other than with authorized persons in accordance with
corporate and department policies.
6) Communications/Media Relations/Promotion
6.1 Members shall show respect for the decision making process of Council.
Information concerning adopting policies, procedures and decisions of the Council
shall be conveyed openly and accurately.
6.2 Members shall accurately communicate the decisions of Council even if they
disagree with the decision.
6.3 Confidential information may be communicated only when and after determined by
Council.
6.4 Members shall not use his/her office to promote or sponsor commercial products or
events other than Town sponsored products or events.
7) Relations with Employees
7.1 Members are elected legislators for the municipality. Employees are accountable
only to the Chief Administrative Officer ("CAO") or his/her designate and are
responsible for implementing the decisions of Council, ensuring the efficient and
effective operation of municipal services.
7.2 Members shall acknowledge and respect the fact that employees work for the Town
as a corporate body and are responsible for making recommendations that reflect
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their professional expertise and corporate objectives, without undue influence from
any Members.
7.3 In addition, Members shall acknowledge and respect the fact that Town employees
carry out directions of Council as a whole and administer the policies of the Town.
Members shall refrain from using their position to improperly influence employees
in their duties or functions to gain an advantage for themselves or others.
7.4 Members shall refrain from publicly criticizing employees, in any way that casts
aspersions on their professional competence and credibility.
7.5 Members shall not compel employees to engage in partisan political activities.
7.6 Employees will provide support to Council required by Provincial statutes, Town
By-laws and special meetings when approved by Council.
7.7 In the event that a Member desires a public meeting, which supplements a public
meeting required by Provincial statute, or a municipal by-law, a Member shall make
the request through Council or the CAO.
8) Gifts, Hospitality and Benefits
8.1 The Town recognizes that moderate hospitality is an accepted courtesy of a
business relationship. However, Members shall not accept any gift, benefit, service,
entertainment or hospitality which could be seen to compromise their decision on a
matter, or create any obligation or special consideration by an individual, group or
organization.
8.2 This section does not apply to tokens, mementoes, souvenirs, or perishable gift.
Members may only receive a gift, hospitality or entertainment that is received as an
incident of protocol or social obligation that normally accompanies the
responsibilities of elected office.
8.3 Members shall submit to the Town any gift received which:
a) is not an incident of protocol or social obligation; or
b) is not a token of appreciation for attending or speaking at an event.
8.4 The Town will then donate the gift to a registered Rainy River charity. The CAO
will log the gifts received and a letter of appreciation will be sent to the donor,
where appropriate, advising their gift will benefit a Rainy River charity.
8.5 No Member shall seek or obtain by reason of her or his office any personal
privilege or advantage with respect to Municipal services not otherwise available to
the general public and not consequent to her or his official duties.
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8.6 Members may claim expenses normally incurred in the conduct of their
responsibilities in accordance with the current Council Expense Policy.
9) Conflict of Interest
9.1 A conflict of interest is a set of circumstances that creates a risk that professional
judgement or actions regarding a primary interest will be unduly influenced by a
secondary interest. Conflict of interest rules in the public sphere mainly focus on
financial relationships since they are relatively more objective, fungible, and
quantifiable, and usually involve the political, legal, and medical fields.
9.2 Primary interest refers to the principal goals of the profession or activity, such as
the protection of clients, the integrity of research, and the duties of public office.
9.3 Secondary interest includes personal benefit and is not limited to only financial gain
but also such motives as the desire for professional advancement, or the wish to do
favours for family and friends. These secondary interests are not treated as wrong
in and of themselves, but become objectionable when they are believed to have
greater weight than the primary interests.
9.4 Members will recognize their obligations to follow and respect the provisions of the
Municipal Conflict of Interest Act. Members must publicly declare their direct or
indirect pecuniary interest.
9.5 When a pecuniary interest exists, Members must withdraw from direct involvement
and refrain from any comment at any time, whether in a Council or Committee
meeting, or elsewhere, on the issue which might influence the decision.
9.6 Said Members must refrain from influencing and discussing the matter. They are
not eligible to vote on the matter.
9.7 Members shall vacate the Council table when the matter on which they have
declared a direct or indirect pecuniary interest is debated.
9.8 If the matter is of a confidential nature, Members shall retire from the closed
meeting for the duration of the discussion and voting on the matter.
10) Conduct at Meetings
10.1 During Council, Committee or any other advisory committee meeting, or a working
group meeting, Members shall conduct themselves with decorum and in accordance
with the Town's Procedural By-law. Respect for a delegate, a fellow Member,
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employees and for the public requires Members to be courteous and not disrupt
business during any portion of the meeting, including presentations and when
another individual has the floor.
10.2 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.
10.3 A Member shall not speak in a manner that is discriminatory to any individual
based on the person's race, ancestry, place of origin, creed, gender, sexual
orientation, age, colour, marital status or disability.
10.4 Further to the provisions contained in the Town's Procedural By-law, cell phones or
similar devices shall be on vibrate or silent while in open session, and turned off
while in closed session.
11) Use of Corporate Resources
11.1 Members may only use Corporate Resources for:
a) activities connected with the discharge of their official duties;
b) associated community activities having the sanction of Council or its
committees; and
c) where applicable in accordance with the Town Council's Expense Policy.
12) Compliance with the Code: Complaint Protocol
12.1 Members, Town employees or members of the public who have reasonable grounds
to believe that a Member has contravened the Code may proceed through an
Informal Complaint Procedure.
12.2 An individual is encouraged to initially pursue the informal complaint procedure as
a means of stopping and remedying a behaviour or activity that is prohibited by the
Code. However, it is not a precondition or a prerequisite that the informal
complaint procedure be initiated or completed prior to pursing a formal complaint
procedure.
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13) Option A: Informal Complaint Procedure
13.1 Any individual who identifies or witnesses behaviour or activity by a sitting Member
of Council, that appears to be in contravention of the Code of Conduct for
Members of Council may address the prohibited behaviour or activity themselves in
the following manner:
The Complainant shall:
a) Advise the Member of the alleged contravention that his/her behaviour or
activity appears to contravene the Code;
b) Request that the Member immediately discontinue the prohibited behaviour or
activity and to avoid future occurrences of the prohibited behaviour or activity;
c) Keep a written record of the incident including date, time, location, other
persons present and any other relevant information;
d) If applicable, advise the Member regarding his/her satisfaction with the
response, or, if applicable; advise the Member of his/her dissatisfaction with the
response;
e) Consider the need to pursue the matter in accordance with the formal
complaint procedure outlined in Option B, or in accordance with an applicable
judicial process.
14 ) Option B: Formal Complaint Procedure
14.1 Any individual who identifies or witnesses behaviour or an activity by a sitting
Member of Council, that they believe is in contravention of the Code of Conduct for
Members of Council, may file a formal complaint in accordance with the CAO with
the following conditions:
a) All complaints shall be made in writing and shall be dated and signed by an
identifiable individual.
b) The complaint must set out reasonable and probable grounds for the allegation
that the Member has contravened the Code of Conduct. A supporting affidavit
setting out the evidence in support of the allegation must also be included
c) If the complainant is a Member of Council, their identity shall not be protected if
it is found that the complaint was not made in good faith.
d) Recommend that the appropriate Committee or local board remove the
Member as Chair of a Committee or local board.
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15) Non-Compliance with the Code
15.1 If the complaint, on its face, is regarding non-compliance with the Municipal
Conflict of Interest Act as opposed to the Code of Conduct, the complainant shall
be advised to review the matter with the complainant's own legal counsel.
15.2 If the complaint is more appropriately addressed under the Municipal Freedom of
Information and Protection of Privacy Act, the complainant shall be advised that the
matter must be referred to the CAO for Access and Privacy review.
15.3 If it is determined that there has been no contravention of the Code of Conduct 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 CAO may so state in
the report and may make appropriate recommendations pursuant to the Municipal
Act, 2001.
15.4 If it is determined that there has been a contravention of the Code of Conduct, the
CAO shall give a copy of her/his report to the Council, to the complainant, and to
the Member whose conduct is causing concern. Said Member shall have the right
of reply when the report is considered by Council.
15.5 Where it is decided that a Member has contravened this Code the CAO is to make
a recommendation to the Council to:
a) censure the Member;
b) reprimand the Member;
c) recommend that Council remove the Member from an advisory committee or
local board;
d) recommend that the appropriate Committee or local board remove the Member
as Chair of a Committee or local board;
e) require the Member to repay or reimburse monies received;
f) require the Member to return the property or item, or reimburse the value;
g) request the Member to apologize to Council, the complainant, or both;
h) suspend the remuneration paid to the Member in respect of their services as a
Member for a period of up to ninety (90) days.
16) Copy of the Report
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The CAO shall provide a copy of the final report to the complainant and the Member
whose conduct it has addressed.
17) Report to Council
The CAO shall submit the final resolution of the complaint to Council at it's next meeting
and the report shall be listed with matters considered in an "in-camera" session.
18) Annual Report
The CAO shall report annually to Council on complaints filed.
19) Policy Review
Members are expected to formally and informally review the provisions of this Code on a
regular basis or when so requested by Council.
This Policy shall be reviewed once during each term of Council.
ADOPTION & REVIEW GUIDELINES
Approved by By-Law 1644-16 on October 11, 2016
Reviewed/Revised by By-Law #
Approximate date of next review October 11, 2019
REFERENCES:
POLICY AREA
POLICY NUMBER
Human Resources
Section HR-8
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