This is the exact embedded text of the captured official document.
Snapshot 5bed20b597eb · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE TOWNSHIP OF SOUTHGATE
CODE OF CONDUCT FOR MEMBERS OF COUNCIL,
COMMITTEES AND LOCAL BOARDS
1.0
Application
1.1
This Code of Conduct applies to all Members of the Council of the Township
of Southgate, including the Mayor and, unless specifically provided, with
necessary modifications to all Township committees, agencies, boards and
commissions, which are defined as local boards in the Municipal Act, 2001.
1.2
The purpose of this Code of Conduct is to establish a general standard to ensure
that all Members share a common basis for acceptable conduct, and to which all
Members are expected to adhere to and comply with. This Code of Conduct
augments other laws which Members are governed by and which requires
Members to follow the Procedural By-law and other sources of applicable law,
including but not limited to:
- Municipal Act, 2001
- Municipal Conflict of Interest Act
- Municipal Elections Act, 1996
- Municipal Freedom of Information and Protection of Privacy Act
- Human Rights Code
- Occupational Health and Safety Act
- Provincial Offences Act
- Criminal Code
2.0
Statement of Principles
2.1
This Code of Conduct is intended to set a high standard of conduct for Members
in order to provide good governance and a high level of public confidence in the
administration of the Township by its Members as duly elected public
representatives to ensure that they each operate from a foundation of integrity,
transparency, justice, truth, honesty and courtesy.
2.2
The following key statements of principle are intended to guide Members and
assist with the interpretation of the Code of Conduct:
- Members shall serve and be seen to serve the public in a conscientious and
diligent manner;
- Members shall observe and act with the highest standard of ethical conduct
and integrity;
- Members shall avoid the improper use of the influence of their office and act
without self-interest;
- Members shall act and are expected to perform their functions with honesty,
integrity, accountability and transparency;
- Members shall perform their duties and arrange their private affairs in a manner
that promotes public confidence and that will bear close public scrutiny;
- Members shall be cognizant that they are at all times representatives of the
Township and of Council, recognize the importance of their duties and
responsibilities, take into account the public character of their function, and
maintain and promote the public trust in the Township; and
- Members shall seek to uphold the laws of Canada, Ontario and the laws and
policies adopted by Council.
The above statements are key principles that are intended to facilitate an
understanding, application and interpretation of the Code of Conduct - they are
not operative provisions of the Code of Conduct and cannot be enforced as such.
3.0
Definitions
3.1
The following terms shall have the following meanings in this Code of Conduct:
(a)
"CAO" means the Chief Administrative Officer of the Township;
(b)
"child" means a child born within or outside marriage and includes an
adopted child and a person whom a parent has demonstrated a settled
intention to treat as a child of his or her family;
(c)
"confidential information" means information or records that are in the
possession, in the custody or under the control of the Township that the
Township is either precluded from disclosing under the Municipal Act,
2001 or other applicable legislation, its Procedural By-law or any of its
other by-laws, policies, rules or procedures, or that it is required to refuse
to disclose under the Municipal Freedom of Information and Protection of
Privacy Act or other legislation;
(d)
"conflict of interest" means a situation in which a Member has competing
interests or loyalties between the Member's personal or private interests
and his or her public interests as an elected representative such that it might
influence his or her decision in a particular matter;
(e)
"Council" means the council for the Township;
(f)
"Councillor" means a person elected to be a member of the Council of the
Township of Southgate for a period of (4) years;
(g)
"fiduciary" means the obligation of a person in a position of authority to act
on behalf of another, assuming a duty to act in good faith and with care,
candour and loyalty in fulfilling this obligation;
(h)
"frivolous and vexatious" means a claim that has no merit whatsoever, while
a vexatious claim is made for the sole purpose of harassing or injuring
another party, through, for instance, continuously bringing claims against
them, or bringing various claims for different issues that are not based on
facts or have no merit;
(i)
"Mayor" means the head of council for the Township;
(j)
"meeting" means a regular, special or other meeting of Council where:
(i)
a quorum of Members is present, and
(ii) Members discuss or otherwise deal with any matter in a way that
materially advances the business or decision-making of the Council;
(k)
"Member" means a Member of the Council for the Township;
(l)
"non-pecuniary interest" means a private or personal interest that a Member
may have that is non-financial in nature and that would be considered by a
reasonable person, apprised of all the circumstances, as being likely to
influence the Member's decision in any matter in which the non-pecuniary
interest arises, and may include, but is not limited to, an interest that arises
from a relationship with a person or entity;
(m)
"parent" means a person who has demonstrated a settled intention to treat
a child as a member of his or her family whether or not that person is the
natural parent of the child;
(n)
"spouse" means a person to whom the person is married or with whom the
person is living in a conjugal relationship outside marriage;
(o)
"staff" means the CAO and all officers, directors, managers, supervisors and
all non-union and union staff, whether full-time, part-time, contract, seasonal
or volunteer, as well as agents and consultants acting in furtherance of the
Township's business and interest;
(p)
"Township" means The Corporation of the Township of Southgate.
4.0
General Obligations
4.1
In all respects, a Member shall:
(a)
make every effort to act with good faith and care;
(b)
conduct them self with integrity, courtesy and respectability at all meetings
of the Council or any committee and in accordance with the Township's
Procedural By-law or other applicable procedural rules and policies;
(c)
seek to advance the public interest with honesty;
(d)
seek to serve their constituents is a conscientious and diligent manner;
(e)
respect the individual rights, values, beliefs and personality traits of any
other person;
(f)
refrain from making statements known to be false or with the intent to
mislead Council or the public;
(g)
accurately communicate the decisions of Council and respect Council's
decision-making process even if they disagree with Council's ultimate
determinations and rulings; and
(h)
refrain from making disparaging comments about another Member or
unfounded accusations about the motives of another Member.
5.0
The Role of Staff
5.1
Council as a whole approves the budget, policies and governance of the Township
through its by-laws and resolutions. Individual Members do not direct or oversee
the functions of the staff of the Township.
5.2
The Township's staff serve Council and work for the Township as a body
corporate under the direction of the CAO. Inquiries of staff from Members should
be directed to the CAO or to the appropriate senior staff as directed by the CAO.
5.3
A Member shall not publicly criticize staff. Should a Member have any issue with
respect to staff such issue shall be referred to the CAO who will direct the matter
to the particular staff member's appropriate superior.
5.4
A Member shall respect the role of staff in the administration of the business affairs
of the Township and acknowledge and appreciate that staff:
(a) provide advice and make policy recommendations in accordance with
their professional ethics, expertise and obligations and that a Member must
not falsely or maliciously injure the reputation of staff members whether
professional or ethical or otherwise;
(b) work within the administration of the Township and that a Member must
not make requests, statements or take actions which may be construed as
an attempt to influence the independent administration of justice and,
therefore, a Member shall not attempt to intimidate, threaten, or influence
any staff member from carrying out that person's duties, including any duty
to disclose improper activity; and
(c) carry out their duties based on political neutrality and without undue
influence from any individual Member and, therefore, a Member must not
invite or pressure any member of staff to engage in partisan political
activities or be subjected to discrimination or reprisal for refusing to engage
in such activities.
6.0
Township Property
6.1
Council is the custodian of the assets of the Township. The community places its
trust in Council and those it appoints to make decisions for the public good in
relation to these assets.
6.2
By virtue of their office or appointment, a Member must not use or permit the use
of the Township's land, facilities, equipment, supplies, services, staff or other
resources for activities other than the business of the Township. No Member shall
seek financial gain for themselves, family or friends from the use or sale of
Township-owned intellectual property, computer programs, technological
innovations, or other patent, trademarks or copyright held by the Township.
7.0
Gifts and Benefits
7.1
Gifts to a Member risk the appearance of improper influence. Gifts may improperly
induce influence or create an incentive for a Member to make decisions on the
basis of relationships rather than in the best interests of the Township. A Member
shall not accept a fee, advance, gift, gift certificate, cash, hospitality or any form
of personal benefit connected directly or indirectly with the performance of his or
her duties except as provided in Section 7.2. A gift, benefit or hospitality provided
with the Member's knowledge to a Member's spouse, child, or parent, or to a
Member's staff that is connected directly or indirectly to the performance of the
Member's duties is deemed to be a gift to that Member. Any doubt concerning the
propriety of the gift should be resolved by the Member not accepting or keeping
it.
7.2
For greater clarity, despite Section 7.1, a Member is entitled to accept any
compensation, remuneration or benefits authorized by law and shall not accept
any gift or benefit in their public capacity other than in the following circumstances:
(a)
such gifts or benefits that normally accompany the responsibilities of office
and are received as an incident of protocol or social obligation;
(b)
a political contribution otherwise reported by law, in the case of Members
running for office;
(c)
services provided without compensation by persons volunteering their time;
(d)
nominal tokens, mementos or souvenirs received as an incident of protocol
or social obligation that normally accompanies the responsibilities of elected
office or at a function honouring the Member;
(e)
food, lodging, transportation and entertainment provided by provincial,
regional and local governments or any agencies or subdivisions of them or
by the federal government or by a foreign government within a foreign
country, or by a conference, seminar or event organizer where the Member
is either speaking or attending in an official capacity;
(f)
entrance fees or food and beverages consumed at banquets, receptions or
similar events, if:
(i)
attendance serves a legitimate municipal business purpose related to
the normal business of the Township,
(ii)
the person extending the invitation or a representative of the
organization is in attendance, and
(iii) the value is reasonable, and the invitations are infrequent;
(g)
gifts of nominal value (for example, a baseball cap, t-shirt, flash drive, book,
etc.) not having a value no greater than $150; and
(h)
any gift or benefit, if the Integrity Commissioner is of the opinion, before the
gift or personal benefit has been accepted, that it is unlikely that receipt of
the gift or benefit gives rise to a reasonable presumption that the gift or
benefit was given in order to influence the Member in the performance of
his or her duties.
7.3
A Member who has received and accepted a gift or benefit pursuant to Section 7.2
shall file a disclosure of the gift or benefit indicating the person, body or entity from
which it was received together with the estimated value of the gift or benefit in
accordance with the Disclosure Statement set out in Appendix "A". The list shall
be provided to the Township's Clerk on a quarterly basis commencing on March
31 of every year and shall be a matter of public record and posted to the
Township's website.
7.4
A Member shall not seek or obtain by reason of his or her office any personal
privilege or advantage with respect to municipal services not otherwise available
to the general public and not connected directly or indirectly to the performance of
the Member's duties.
8.0
Confidential Information
8.1
Members receive confidential information from a number of sources as part of
their work as elected officials. This includes information received in confidence
by the Township that falls under the privacy provisions of the Municipal Freedom
of Information and Protection of Privacy Act and other applicable privacy laws
and information received during closed meetings of Council. Examples of types
of information that a Member must keep confidential, unless expressly authorized
by Council or as required by law, include, but are not limited to:
(a)
matters related to ongoing litigation or negotiation, or that is the subject of
solicitor-client privilege;
(b)
information provided in confidence, for example the identity of a
complainant where a complaint is made in confidence;
(c)
price schedules in contract tender or Request for Proposal submissions if
so specified;
(d)
personnel matters about an identifiable individual;
(e)
"personal information" as defined in the Municipal Freedom of Information
and Protection of Privacy Act; and
(f)
any census or assessment data that is deemed confidential.
8.2
A Member shall not disclose the content of any confidential information, or the
substance of deliberations, of a closed meeting. A Member has a duty to hold
any information received at closed meetings in strict confidence for as long and
as broadly as the confidence applies. All confidential documents received at a
closed meeting are to be turned into the Clerk at the end of the closed meeting. A
Member shall not, either directly or indirectly, release, make public or in any way
divulge any such information or any confidential aspect of the closed deliberations
to anyone, unless authorized by Council or as required by law.
8.3
A Member shall not disclose, use or release confidential information in
contravention of applicable privacy laws. Members are only entitled to
information in the possession of the Township that is relevant to matters before
the Council, or a committee. Otherwise, Members enjoy the same access rights
to information as any other member of the community or resident of the
Township and must follow the same processes as any private citizen to obtain
such information.
8.4
A Member shall not misuse confidential information in any way or manner such
that it may cause detriment to the Township, Council or any other person, or for
financial or other gain for themselves or others.
8.5
A Member shall respect the right to confidentiality and privacy of all clients,
volunteers and staff, and should be aware of their responsibilities under applicable
legislation, Township policies, procedures and rules, ethical standards and, where
appropriate, professional standards.
8.6
A Member shall not disclose any confidential information received by virtue of his
or her office, even if the Member ceases to be a Member.
9.0
Discrimination and Harassment
9.1
A Member shall treat all members of the public, one another and staff with respect
and without abuse, bullying or intimidation and ensure that their work environment
is free from discrimination and harassment.
9.2
A Member shall not use indecent, abusive or insulting words, phrases or
expressions toward any member of the public, another Member or staff. A Member
shall not make comments or conduct themselves in any manner that is
discriminatory to any individual based on the individual's race, colour, ancestry,
citizenship, ethnic origin, place of origin, creed or religion, gender, sexual
orientation, marital status, family status, disability, age or record of offences for
which a pardon has not been granted.
9.3
A Member shall comply with the Township's "Respect in the Workplace:
Harassment and Violence Policy" - Policy # 33 B.
10.0 Improper Use of Influence
10.1 A Member shall not use the influence of their office or appointment for any purpose
other than the exercise of his or her official duties in the public interest.
10.2 A Member shall not use the status of their position to influence the decision of
another person to the private advantage or non-pecuniary interest of themselves,
their parents, children or grandchildren, spouse, or friends or associates, or for the
purpose of creating a disadvantage to another person or for providing an
advantage to themselves.
11.0 Conflicts of Interest
11.1 A Member shall avoid conflicts of interest, both pecuniary and non-pecuniary. A
Member shall take proactive steps to mitigate conflicts of interest in order to
maintain public confidence in the Township and its elected officials. Members are
encouraged to seek guidance from the Integrity Commissioner when they become
aware that they may have a conflict between their responsibilities to the public as
a Member and any other interest, pecuniary or non-pecuniary.
12.0 Council Policies and Procedures - include Resolutions of Council
12.1 A Member shall observe and adhere to the policies, procedures, rules and
resolutions established by Council.
13.0 Election Activity
13.1 A Member is required to conduct themselves in accordance with the Municipal
Elections Act, 1996 and any Township policies, including "Use of Corporate
Resources During an Election Policy" - Policy # 70. The use of the Township's
resources, both property and staff time, for any election-related activity is strictly
prohibited. Election-related activity applies to the Member's campaign and any
other election campaigns for municipal, provincial or federal office.
14.0 Respect for the Code of Conduct
14.1 A Member shall respect the process for complaints made under the Code of
Conduct or through any process for complaints adopted by the Township. A
Member shall not act in reprisal or threaten reprisal against a person who makes
a complaint or provides information to the Integrity Commissioner during an
investigation. A Member shall interact courteously and respectfully with the
Integrity Commissioner and with any person acting under the direction of the
Integrity Commissioner.
14.2 A Member shall cooperate with requests for information during any investigations
or inquiries under the Code. A Member shall not destroy documents or erase
electronic communications or refuse to respond to the Integrity Commissioner
where a complaint has been lodged under the Code or any process for complaints
adopted by the Township.
15.0 Penalties for Non-Compliance with the Code of Conduct
15.1 Where Council receives a report from the Integrity Commissioner that there has
been a violation of the Code of Conduct by a Member, Council may impose the
following penalties on the Member:
(a)
a reprimand; or
(b)
a suspension of the remuneration paid to the Member in respect of his or
her services as a Member for a period up to 90 days.
15.2 Council may, on the basis of a recommendation from the Integrity Commissioner,
also take any or all of the following corrective measures or actions in furtherance
of a reprimand, and require that the Member:
(a)
provide a written or verbal apology;
(b)
return property or make reimbursement of its value or of money spent;
(c)
be removed from or not be appointed to the membership on a committee of
Council;
(d)
be removed from or not be appointed as chair of a committee of Council.
16.0 Complaint Protocol
16.1 The Complaint Protocol - Code of Conduct is Appendix B to the Code of Conduct.
APPENDIX A
DISCLOSURE STATEMENT FOR GIFTS OR BENEFITS
Member's Name:_______________________________________________________
Gift Received or Nature of Benefit:_______________________________________
______________________________________________________________________
Received From:_________________________________________________________
Date of Receipt:____________________ Value or Estimate of Gift:________________
Please describe the circumstances under which the Gift or Benefit was received:
______________________________________________________________________
______________________________________________________________________
Please describe your intentions with respect to the Gift or Benefit:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Do you anticipate transferring the Gift or Benefit described above to the municipality?
Yes, immediately_____________ Yes, eventually _____________ No _____________
_______________________________________
_____________________
Member's Signature
Date
31344348.2
Appendix B
Complaint Protocol
Code of Conduct
COMPLAINT PROTOCOL
Council Code of Conduct - Appendix B
PART A - INFORMAL COMPLAINT PROCEDURE
1.
Any individual who identifies or witnesses behaviour or activity by a Member that they
believe contravenes the Code of Conduct may seek to address the prohibited behaviour
or activity themselves in the following manner by following the Informal Complaint
Procedure:
(a)
document the incident(s) where the Member may have contravened the Code of
Conduct including dates, times, locations, other persons present, and any other
relevant information;
(b)
advise a third party about the concerns regarding the Member's actions;
(c)
advise the Member that the behaviour or activity appears to contravene the Code
of Conduct;
(d)
identify to the Member the specific provision(s) of the Code of Conduct that may
have been contravened;
(e)
encourage the Member to acknowledge and agree to stop the prohibited
behaviour or activity and to undertake to refrain from future occurrences of the
prohibited behaviour or activity;
(f)
request the Integrity Commissioner to assist in informal discussion of the alleged
complaint with the Member in an attempt to settle or resolve the issue;
(g)
if applicable:
(i)
confirm to the Member that his or her response is satisfactory, or
(ii)
advise the Member that his or her response is unsatisfactory;
(h)
consider the need to pursue the matter in accordance with the Formal Complaint
Procedure set out in Part B, or in accordance with any other applicable judicial or
quasi-judicial process or complaint procedure.
2.
Individuals are strongly encouraged to pursue the Informal Complaint Procedure as the
first means of remedying behaviour or activity of a Member that they believe violates the
Code of Conduct.
3.
With the consent of both the complaining individual and the Member, the Integrity
Commissioner may participate in any informal process. The parties involved are
encouraged to take advantage of the Integrity Commissioner's potential role as a
mediator/conciliator of issues relating to a complaint.
4.
The Informal Complaint Procedure is not a precondition or a prerequisite to pursuing the
Formal Complaint Procedure set out in Part B.
- 2 -
PART B - FORMAL COMPLAINT PROCEDURE
Formal Complaints
1.(1)
Any individual who identifies or witnesses behaviour or activity by a Member that they
reasonably believe contravenes the Code of Conduct may file a formal complaint to
request an inquiry by the Integrity Commissioner as to whether a Member has
contravened the Code of Conduct in accordance with the following requirements:
(a)
all complaints shall be in writing on the prescribed form 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 and must be
accompanied by a supporting sworn affidavit setting out the evidence in full in
support of the allegation; and
(c)
Council may also file a complaint against any of its Members by passing a
resolution requesting the Integrity Commissioner to undertake an inquiry.
(2)
Individuals filing a formal complaint must provide a full and complete record of evidence
to the Integrity Commissioner who is under no obligation whatsoever to, but may, seek
additional information to supplement or complete the evidentiary record to substantiate
or support the allegation set out in the complaint.
Filing of Complaint and Classification by Integrity Commissioner
2.(1)
The complaint may be filed with the Clerk by hard copy or directly with Integrity
Commissioner by a sealed hard copy or by e-mail to the email address(es) set out on
the Township's website.
(2)
The Integrity Commissioner shall initially classify the complaint to determine if the matter
is, on its face, a complaint with respect to non-compliance with the Code of Conduct and
not covered by other legislation or other Council procedures, policies or rules as set out
in Section 3.
Complaints Outside Integrity Commissioner's Jurisdiction
3.
If the complaint, including the supporting affidavit, is not, on its face, a complaint with
respect to non-compliance with the Code of Conduct or the complaint relates to matters
addressed by other legislation or complaint procedure under another Township
procedure, policy or rule, the Integrity Commissioner shall advise the complainant in
writing as follows:
Criminal Matter
(a)
if the complaint is, on its face, an allegation of a criminal nature consistent with
the Criminal Code, the complainant shall be advised that:
- 3 -
(i)
the Integrity Commissioner will refer it to the appropriate police service, or
(ii)
the complainant may pursue it with the appropriate police service if the
complainant wishes to pursue any such allegation;
Municipal Freedom of Information and Protection of Privacy Act
(b)
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 Clerk to deal with under its access and privacy
policies under the statute;
Other Procedure, Policy or Rule Applies
(c)
if the complaint appears to fall within the scope of another procedure, policy or
rule of the Township, the complainant shall be advised to pursue the matter
under such procedure, policy or rule with the appropriate Township official;
Lack of Jurisdiction
(d)
if the complaint is, for any other reason not within the jurisdiction of the Integrity
Commissioner (for example, it relates to a decision of Council or a local board as
a whole and not one or more individual Members), the complainant shall be so
advised and provided with any additional reasons and referrals as the Integrity
Commissioner considers appropriate;
Matter Already Pending
(e)
if the complaint is in relation to a matter which is subject to an outstanding
complaint under another process such as a court proceeding, a human rights or
workplace harassment complaint or similar process, or to a civil matter that is
pending before the courts, the Integrity Commissioner may, in his/her sole
discretion and in accordance with legislation, suspend any investigation, in whole
or in part, pending the result of the other process;
Similar Matter Already Pending
(f)
if the complaint is in relation to a similar matter which is subject to an outstanding
complaint before the Integrity Commissioner, the Integrity Commissioner may, in
his/her sole discretion, consider the matter in conjunction with the similar matter
or deal with it separately, including not undertaking an inquiry if the matter can be
adequately addressed in any report and/or recommendations made with respect
to the complaint in the similar matter; and
Other Ethical Code Applies
(g)
if the complaint is in relation to a matter which is governed by a code of conduct,
ethical code or similar procedure or policy of another body or entity which also
governs the Members (for example, another board to which the Member has
been appointed), the Integrity Commissioner shall consider the most appropriate
- 4 -
forum for the complaint and may, in his/her sole discretion, defer consideration of
the matter pending any determination made by the other body or entity and shall
so advise the complainant and, if necessary, the Member.
Limitation Period
4.
The Integrity Commissioner shall not accept a complaint for which the event giving rise
to the complaint occurred or came to the attention of the complainant more than six (6)
months prior to the date of the filing of the complaint. The complainant must establish
that the event giving rise to the complaint occurred and/or came to the complainant's
attention within six (6) months of the complaint being filed in accordance with Section 2.
Refusal to Conduct Investigation
5.
The Integrity Commissioner has a discretion as to whether to carry out an investigation.
If the Integrity Commissioner is satisfied, after considering the information contained in
the complaint, that a complaint:
(a)
is frivolous or vexatious,
(b)
is not made in good faith,
(c)
constitutes an abuse of process,
(d)
discloses no grounds or insufficient grounds for an investigation, or
(e)
does not warrant a full investigation,
the Integrity Commissioner shall not be required to conduct an investigation and, where
this becomes apparent in the course of an investigation, the Integrity Commissioner shall
terminate the inquiry and provide notice to the complainant and, if necessary, to the
Member.
Opportunities for Resolution
6.
Following receipt and review of a formal complaint or at any time during the investigation
where the Integrity Commissioner, in his or her discretion, believes that an opportunity to
resolve the matter may be successfully pursued without a formal investigation, and both
the complainant and the Member agree, efforts may be pursued to achieve an informal
resolution.
Investigation
7. (1) The Integrity Commissioner may proceed as follows, except where the Integrity
Commissioner has a full factual record and believes, in his or her discretion, that no
additional information is required, or where otherwise required by the Public Inquiries
Act, 2009, or where the Integrity Commissioner has not otherwise terminated the inquiry:
- 5 -
(a)
provide the Member with an outline of the complaint with sufficient particularity to
allow the Member to understand the complaint against him or her but shall not
have any obligation to disclose:
(i)
the identity of the complainant, or
(ii)
the identity of any witnesses set out in the complaint or that are
questioned/interviewed by the Integrity Commissioner,
unless it is essential for the Member to adequately respond to the complaint,
which determination shall be made in the Integrity Commissioner's sole and
absolute discretion;
(b)
request that the Member provide a written response to the allegations in the
complaint to the Integrity Commissioner within ten (10) business days; and
(c)
provide a copy of the Member's response to the complainant with a request that
any written reply be provided by the complainant to the Integrity Commissioner
within ten (10) business days.
(2)
If necessary, after reviewing the submitted materials, the Integrity Commissioner may
contact and speak to or correspond with any other persons, access and examine any
other documents or electronic materials, including any materials on the Township's
computers and servers, and may enter any Township work location relevant to the
complaint for the purpose of investigation and potential resolution.
(3)
The Integrity Commissioner may, but is under no obligation, to provide the Member with
a draft of the proposed draft report on the complaint.
(4)
The Integrity Commissioner shall not issue a report finding a violation of the Code of
Conduct on the part of any Member unless the Member has had an opportunity either in
person or in writing to comment to the Integrity Commissioner on the proposed
finding(s).
(5)
The Integrity Commissioner may, but is under no obligation, to advise either the Member
or the complainant of any proposed sanction or recommendation the Integrity
Commissioner may include in the report to Council.
(6)
The Integrity Commissioner may make interim reports to Council where necessary and
as required to address any instances of interference, obstruction, intimidation, delay,
reprisal or retaliation by the Member or by any other person encountered during the
formal complaint investigation.
(7)
The Integrity Commissioner shall retain all records related to the complaint and
investigation but may provide copies of certain records, in confidence, to Township
administrative staff who are required to ensure that any such records are securely and
confidentially retained.
No Complaint Prior to Municipal Election
- 6 -
8. (1) Notwithstanding any other provision of this Complaint Protocol, no complaint may be
filed with the Integrity Commissioner, no report shall be made by the Integrity
Commissioner to Council and Council cannot consider the imposition of penalties
pursuant to subsection 223.4(5) of the Municipal Act, 2001 during the period of time
starting on nomination day for a regular municipal election year, as set out in section 31
of the Municipal Elections Act, 1996 and ending on the voting day in a regular election
as set out in section 5 of the Municipal Elections Act, 1996.
(2)
If the Integrity Commissioner has received a complaint and has commenced an inquiry
but has not completed the inquiry before nomination day in a regular municipal election
year, the Integrity Commissioner shall terminate the inquiry on nomination day but may
commence an inquiry in respect of the same complaint if within six (6) weeks after the
voting day in a regular municipal election the individual who made the request makes a
written request to the Integrity Commissioner in accordance with subsection 223.4(8) of
the Municipal Act, 2001.
Advice Provided to Member by Integrity Commissioner
9. (1) Subject to Section 9(2), a Member is entitled to rely upon any written advice given by the
Integrity Commissioner to the Member respecting the Code of Conduct in any
subsequent consideration of the conduct of the Member in the same matter provided
that the Member fully disclosed in writing all relevant facts known to him or her to the
Integrity Commissioner and acted in accordance with the written advice provided by the
Integrity Commissioner.
(2)
A Member under investigation by the Integrity Commissioner shall not request advice
from the Integrity Commissioner as to the Member's rights under the Code of Conduct or
generally at law, nor is the Member entitled to rely upon any statement(s) made by the
Integrity Commissioner during the course of the investigation that may impact the
Member's rights under the Code of Conduct or at law.
Investigation Report
10. (1) The Integrity Commissioner shall report to the complainant and the Member no later
than ninety (90) days after the official receipt of any complaints. If the investigation
process is anticipated to or takes more than ninety (90) days, the Integrity Commissioner
shall provide an interim report to Council and must advise the parties of the approximate
date the report will be available. The Integrity Commissioner may also, at his or her
discretion, advise any witnesses or other persons of the approximate date the report will
be available.
(2)
Where the complaint is sustained in whole or in part, the Integrity Commissioner shall
report to Council outlining the findings, the terms of any settlement and/or any
recommended remedial or corrective action.
(3)
The Integrity Commissioner may provide a copy of the report to the complainant and the
Member whose conduct has been investigated in advance of the public release of the
report, in strict confidence until the report is publicly released. The Member shall have
the right to address the report when it is considered by Council but cannot vote on the
matter.
- 7 -
(4)
Where the complaint is not sustained, the Integrity Commissioner is not obligated to
report to Council on the result of the investigation or any findings but may do so at his or
she discretion and may also include such information as he or she deems necessary in a
report or as part of an annual or other periodic report by the Integrity Commissioner.
Findings
11.
If the Integrity Commissioner determines that:
(a)
there has been no contravention of the Code of Conduct, or
(b)
a contravention occurred but:
(i)
the Member took all reasonable measures to prevent it,
(ii)
it was trivial,
(iii)
it was committed through inadvertence, or
(iv)
it resulted from an error of judgment made in good faith,
the Integrity Commissioner may so state in the report and may make appropriate
recommendations pursuant to the Municipal Act, 2001, including but not limited to, a
recommendation of no penalty.
Report to Council
12.
Upon receipt of a report from the Integrity Commissioner, the Clerk shall place the report
on the next regular agenda of Council for consideration by Council and Council must
consider the report at that meeting and may accept or refuse the recommendations set
out in the report and accept, refuse or vary any penalties or sanctions contained in the
report. A report from the Integrity Commissioner may also be considered by Council in
advance of its next regular meeting should Council agree to hold a special or other
meeting before its next regular meeting to consider the report.
Duty of Council
13.
Council shall consider and make a determination on the Integrity Commissioner's report
at the same meeting at which the report is tabled.
Public Disclosure
14.(1) The Integrity Commissioner and every person acting under his or her jurisdiction shall
preserve confidentiality where appropriate and where it does not interfere with the
course of any investigation, except as required by law and as required by this Complaint
Protocol.
(2)
The Integrity Commissioner shall retain all records related to the complaint and
investigation although copies may be provided to the Township's administrative staff,
subject to the duty of confidentiality under subsection 223.5 of the Municipal Act, 2001.
- 8 -
(3)
The identity of the Member who is the subject of the complaint shall not be treated as
confidential information in the Integrity Commissioner's report to Council. The identity of
the complainant may be disclosed if deemed appropriate and necessary by the Integrity
Commissioner or if consented to by the complainant.
(4)
All reports from the Integrity Commissioner to Council shall be made available to the
public by the Clerk.
Periodic Reports to Council
15.(1) The Integrity Commissioner shall provide an annual report to Council summarizing his or
her activities in accordance with section 223.6 of the Municipal Act, 2001, including a
report on all complaints received and on their disposition (including complaints deemed
and ruled not to be within the jurisdiction of the Integrity Commissioner and complaints
not investigated and/or terminated).
(2)
Notwithstanding Section 15(1), Council may by resolution request that the Integrity
Commissioner provide a periodic report more frequently than once a year.
Delegation
16.
The Integrity Commissioner may delegate in writing to any person, other than a Member
of Council, any of the Integrity Commissioner's powers and duties under Part V.1 of the
Municipal Act, 2001.
- 9 -
Code of Conduct -- Formal Complaint Form
AFFIDAVIT
I, ___________________________________________________ (first and last name), of the
municipality of ______________________________________ in the Province of Ontario.
MAKE OATH AND SAY (or AFFIRM):
1.
I have reasonable and probable grounds to believe that:
_______________________________________________________
(specify
name
of
Member),
a member of the Council of The Corporation of the Township of Southgate, has contravened
section(s) _______________________________________________________________ of the
Code of Conduct of the Township of Southgate. The particulars of which are are attached
hereto.
2.
Facts constituting the alleged contravention (use separate page if required)
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
This affidavit is made for the purpose of requesting that this matter be reviewed and/or
investigated by the Township of Southgate's appointed Integrity Commissioner and for no other
improper purpose.
SWORN (or AFFIRMED) before me at the )
the Township of Southgate on
)
___________________________ (date) )
)
________________________________
(Signature)
A Commissioner for taking affidavits etc.
Please note that signing a false affidavit may expose you to prosecution under ss. 131 and 132 or 134 of the Criminal
Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation.