2007-29 By-law to Establish Code of Conduct for Council & Deal with Complaints

THE CORPORATION OF THE TOWNSHIP OF GORDON

BY-LAW NO. 2007-29

Being a by-law to adopt a Code of Conduct Policy for Members of Council to ensure accountability and transparency to the public and to provide a process for complaints and investigations regarding meetings under Section 239.2 of the Municipal Act 2001

WHEREAS the Municipal Act R.S.O. 2001, Section 270 provides that all municipalities shall have adopted policies under this section;

NOW THEREFORE BE IT RESOLVED THAT the attached policy (referred to as Schedule A) forms the Code of Conduct for Members of Council.

AND WHEREAS the Corporation of the Township of Gordon does not deem it cost effective to appoint a meeting investigator (Section 239.2);

NOW THEREFORE The Council will refer individuals to the Ombudsman Ontario website which will provide the process for an investigation to the complaint.

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 4th day of December, 2007

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REEVE

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CLERK

Schedule ‘A’

Code of Conduct for Elected Officials of Municipal Council in the Township of Gordon & Allan West

Purpose: The purpose and intent of this Policy is to establish guidelines for ethical and interpersonal standards of conduct for Member of Council.

A. STANDARDS OF CONDUCT
- Members of Council shall at all times seek to advance the common good of the community which they serve.
- Members of Council shall truly, faithfully and impartially exercise the office to the best of their knowledge and ability.

B. CONDUCT TO BE OBSERVED
1. Foster Respect for Decision-Making Process
All members of Council shall accurately and adequately communicate the attitudes and decisions of the Council, even if they disagree with Council’s decision, such that respect for the decision-making processes of Council is fostered.

2. Release of Confidential Information Prohibited
Members of Council have a duty to hold in strict confidence all information concerning matters dealt with at in-camera meetings. A Member of Council shall not, either directly or indirectly, release, make public or in any way divulge any such information or any aspect of the in-camera deliberations to anyone, unless expressly authorized by Council or required by law to do so.

Members of Council shall not release information in contravention of the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

Members of Council shall not release information subject to solicitor-client privilege, unless expressly authorized by Council or required by law to do so.

Members of Council shall not misuse confidential information (information that they have knowledge of by virtue of their position as Councillor that is not in the public domain, including e-mails and correspondence from other Members of Council or third parties) such that it may cause detriment to the Corporation, Council or others, or benefit or detriment to themselves or others.

3. Release of Information to Public or Media
Members of Council acknowledge that official information related to decisions and resolutions made by Council will normally be communicated to the community and the media by the Council as a whole or the Mayor as Head of Council or by his or her designate.

4. Acceptance of Gifts Prohibited
The stipend paid to each Member of Council is intended to fully remunerate Members of Council for service to the Corporation. Members of Council shall not solicit, accept, offer or agree to accept a commission, reward, gift, advantage or benefit of any kind, personally or through a family member or friend, which is connected directly or indirectly with the performance or duties of office.

Members of Council are not precluded from accepting:
a) personal gifts, benefits, rewards, commissions or advantages from any person or organization not connected directly or indirectly with the performance or duties of office;
b) political contributions that are otherwise offered, accepted and reported in accordance with applicable law;
c) food and beverage at banquets, receptions, ceremonies or similar events;
d) services provided without compensation by persons volunteering their time;
e) food, lodging, transportation and entertainment provided by other levels of governments or by other local governments, boards or commissions;
f) a reimbursement of reasonable expenses incurred in the performance of duties or office;
g) a reimbursement of reasonable expenses incurred and honorariums received in the performance of activities connected with municipal associations;
h) token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee, for speaking at an event or representing the Corporation at an event; and
i) gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibility of office.

Members of Council shall return any gifts or benefits which exceed these limits, along with an explanation why the gifts or benefits cannot be accepted.

5. Engaging in Incompatible Activity Prohibited
Members of Council shall not engage in any activity, financial or otherwise, which is incompatible or inconsistent with the ethical discharge of official duties in the public interest.

Without limiting the generality of the foregoing, Members of Council shall not:
a) use any influence of office for any purpose other than official duties;
b) act as an agent before Council or any committee, board or commission of Council;
c) solicit, demand or accept the services of any corporate employee, or individual providing services on a contract for service, for re-election purposes during hours in which the employee, or individual providing service under a contract for service, is in the paid employment of the Corporation;
d) use any information gained in the execution of office that is not available to the general duties;
e) place themselves in a position of obligation to any person or organization which might reasonably benefit form special consideration or may seek preferential treatment;
f) give preferential treatment to any person or organization in which a Member or Members of Council have a financial interest;
g) influence any administrative or Council decision or decision-making process involving or affecting any person or organization in which a Member or Members of Council have a financial interest; and
h) use Corporate materials, equipment, facilities or employees for personal gain or for any private purpose.

6. Avoidance of Waste
Members of Council shall avoid waste, abuse and extravagance in the provision or use of public resources, and shall expose fraud and corruption of which the Member of Council is aware.

C. INTERPERSONAL BEHAVIOURS OF MEMBERS OF COUNCIL
1. Conduct at Council

Members shall conduct themselves with decorum at Council in accordance with the provisions of the Council procedures by-law.

2. Conduct Respecting Staff

Only Council as a whole has the authority to approve budget, policy, Committee processes and other such matters. Accordingly, members shall direct requests outside of Council approved budget, process or policy, appropriately.
Staffs direction is from Council as a whole, and the combined interests of all members as evidenced through the decisions of Council. Members shall be respectful of the role of staff to advise based on political neutrality and objectivity and without undue influence form any individual member or faction of the Council. Accordingly, no member shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of staff, and all members shall show respect for the professional capacities of the staff of the Municipality.

3. Treat Every Person with Dignity, Understanding and Respect

Members of Council shall abide by the provisions of the Human Rights Code and, in doing so, shall treat every person, including other Members of Council, corporate employees, individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect for the right to equality and the right to an environment that is safe and free from harassment and discrimination.

4. Not to Discriminate

In accordance with the Human Rights Code, Members of Council shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability. “Age”, “disability”, “family status”, “record of offences”, “same sex partnerships status” shall be as defined in the Human Rights Code.

5. Not to Engage in Harassment

In accordance with the Human Rights Code, harassment shall mean engaging in a course of vexatious comment or conduct that is know or ought reasonable to be known to be unwelcome.

Without limiting the generality of the foregoing, Members of Council shall not:
a) make racial, homophobic, sexist or ethnic slurs;
b) display pornographic, homophobic, sexist, racist or other offensive or derogatory material;
c) make leering (suggestive staring) or other offensive gestures;
d) make written or verbal abuse or threats;
e) vandalize the personal property of others;
f) commit physical or sexual assault;
g) make unwelcome remarks, jokes, innuendos or taunting statements about a person’s physical appearance, racial background, colour, ethnic origin, place of origin, citizenship, ancestry, creed (religion or belief), sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, disability (physical or mental);
h) make unwelcome remarks, insulting gestures or jokes which cause embarrassment or awkwardness;
i) refuse to converse or interact with anyone because of their racial or ethnic background, colour, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability;
j) make unnecessary or unwanted physical contact, including touching, patting, or pinching; and
k) demand sexual favours or requests.

Harassment which occurs in the course of or related to the performance of duties by Members of Council is subject to this policy.

A good faith exercise of performance management with respect to corporate employees for legitimate purposes by Council is not harassment.

D. COMPLIANCE WITH THE CODE OF CONDUCT

Members of Council are accountable to the public through the four-year election process. Between elections they may, for example, become disqualified and lose their seat if convicted of an offence under the Criminal Code of Canada or for failing to declare a conflict of personal interest under the Municipal Conflict of Interest Act.

E. ALLEGATIONS OF PROHIBITED ACTIVITY

Organization or individuals (including the public, Members of Council, and corporate employees) who have:
• identified or witnessed any prohibited activity by a Member of Council under this policy;
• witnessed or been subject to discriminatory treatment by a Member of Council under this policy; or
• witnessed or been subject to harassment by a Member of Council under this policy
may address the prohibited behaviour or activity by 1) Informal Resolution in the form of a Complaint Resolution meeting with Council; 2) Lodge a Complaint to the Ontario Human Rights Commission; 3) Take action in the form of contacting the Ontario Provincial Police. Each of the three above where applicable; based on the nature or form of the complaint.

F. JUDICIAL INVESTIGATION

In circumstances where liability is denied and the alleged misconduct is serious in nature, Council may pass a resolution, pursuant to x. 274(1) o the Municipal Act, requesting a judicial investigation in to the Member of Council’s conduct.

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