Innisfil Code of Conduct for Members of Council

TOWN OF INNISFIL 

Code of Conduct for Members of Council  

COUNCIL APPROVAL DATE: February 20, 2013 RES.

NO.: CR-029-11.13

1. POLICY STATEMENT

Members of Council of the Town of Innisfil are committed to the discharge of their duties as elected officials in a respectful and ethical manner. The Code of Conduct for Members of Council is the instrument through which Council will establish and maintain standards for appropriate conduct. Members of Council understand their responsibility to protect and maintain public trust through adherence to established standards.

The quality of municipal administration and governance is best achieved through the establishment of high standards of conduct. The parameters established in this Code of Conduct will ensure that the integrity of the Town of Innisfil is upheld.

Key principles which underline the intent of this Code of Conduct are:

. a)  Members of Council must serve and be seen to serve their constituents in a conscientious and diligent manner; 

. b)  Members of Council must be committed to performing their duties with integrity, without improper use of the influence of their office and conflicts of interest, both perceived and real; 

. c)  Members of Council are expected to perform their duties in office and manage their private affairs in a manner that promotes public confidence and will bear close public scrutiny; 

. d)  Members of Council must recognize and act upon the principle that democracy is best achieved when the operation of government is made as transparent and accountable to members of the public as possible; and 

. e)  Members of Council shall seek to serve the public interest by upholding both the letter and spirit of the laws of Parliament and the Ontario Legislature, as well as the laws and policies adopted by Council. 

2. SCOPE

The Code of Conduct for Members of Council applies to each member of Council, in fulfilling their obligation in service to the citizens of the Town of Innisfil.

3. PURPOSE OF CODE OF CONDUCT

Encouraging and preserving the highest standards of conduct by members of Council promotes an environment of integrity appropriate for their fiduciary role. Honesty and integrity are paramount in the fulfillment of the role of elected officials, and as such, this Code of Conduct sets expectations for members and requires them to conduct themselves in a way that generates community trust and confidence, and also enhances the image of the Town of Innisfil.

The Code of Conduct for Members of Council identifies the Town’s expectations of Council members and provides direction with respect to the underlying principles of the Code by reinforcing that:

. a)  decisions are made in an open, accessible, and equitable forum; 

. b)  decisions are made through appropriate channels; 

. c)  elected office is not used for personal gain; 

. d)  interactions between members is respectful and fair, and exemplifies a spirit of ?goodwill and cooperation; 

. e)  there is a high regard for the integrity of the office. 

4. DEFINITIONS

In this Code of Conduct:

“child” means a child born within or outside marriage and includes an adopted child and a person whom a member has demonstrated a settled intention to treat as a child of his or her family;

“Council” means the Council of the Town of Innisfil, inclusive of Mayor and Deputy Mayor;

“fiduciary” means a person who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, trust, confidence and candor;1

“information” includes a record or document;?“member” means a member of the Council, unless the context otherwise requires;

“parent” means a person who has demonstrated a settled intention to treat a child as a part of his or her family whether or not that person is the natural parent of the child;

“person” includes a corporation, partnership, association and any other entity, as the context allows; and

“spouse” means a person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage.

Every member of Council shall act in accordance with his or her declaration of office (see Appendix “A”).

6. ADHERENCE TO COUNCIL POLICIES AND PROCEDURES

Every member of Council shall observe and comply with every provision of this Code of Conduct, as well as all other policies and procedures adopted or established by Council and affecting the Councillor while acting in his or her capacity as a member of Council.

7. APPOINTMENT OF INTEGRITY COMMISSIONER

The Council shall appoint an Integrity Commissioner to investigate alleged breaches of this Code pursuant to Subsection 223.3 of the Municipal Act, 2001.

8. GENERAL CONDUCT OF COUNCIL

Every member of Council has the duty and responsibility to treat members of the public, staff, and each other in an appropriately respectful manner, without abuse, bullying or intimidation. Every member shall take measures to ensure that the municipal work environment is free from discrimination and harassment.

A member of Council 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 of Council 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.

9. CONDUCT AT MEETINGS

Every member of Council shall conduct himself or herself in an appropriate and civil manner at Council, committee and other meetings, pursuant to Subsection 168 of Procedural By-law No. 077-11, this Code of Conduct, and other applicable law.

10. CONDUCT AT PUBLIC EVENTS

Member of Council are occasionally requested to make public presentations outside of Council meetings or attend public events as representatives of the Town of Innisfil. As such, every member shall conduct himself or herself with dignity and decorum, in a manner befitting public expectation.

Every member of Council shall be respectful of the working relationships and reporting responsibilities between staff members. Municipal staff work under the direction of the Municipal head, and are required to carry out the decisions of Council in service of the municipal corporation as a whole. Municipal staff are also required to advise Council on legislative and administrative policy with political neutrality and objectivity and without undue influence from any individual member or any faction of the Council.

Accordingly, no member shall maliciously or falsely injure or impugn the professional or ethical reputation of any member of staff. Every member shall show respect for staff, and for their professional capacities and responsibilities.

No member of Council shall use indecent, abusive or insulting words or expressions toward any other member, any member of staff or any member of the public, either directly or by innuendo.

No member shall compel any member of staff to engage in partisan political activities, or subject any member of staff to threat or discrimination for refusing to engage in any such activity.

No member shall use or attempt to further his or her authority or influence by intimidating, threatening, coercing, commanding or influencing improperly any staff member or interfering with the person’s duties, including the duty to disclose improper activity.

12. CONDUCT DURING ELECTION CAMPAIGN

Every member shall comply with all applicable requirements of the Municipal Elections Act, 1996. No member shall use confidential information, facilities, equipment, supplies, services or other resources of the municipality, including any Councillor newsletter or website linked through the municipality’s website, for any election campaign or campaign-related activity (see also Section 15). No member shall undertake campaign- related activities on Town property unless authorized by the municipality. No member of Council shall use the services of any person for election-related purposes during hours in which that person receives any compensation from the municipality.

13. NO IMPROPER USE OF INFLUENCE

No member of Council shall use the influence of his or her office for any purpose other than for the lawful exercise of his or her official duties and for municipal purposes.

No member of Council shall use his or her office or position to influence or attempt to influence the decision of any other person, for the member’s private advantage or that of the member’s parent, child, spouse, staff member, friend or associate, business or otherwise. No member shall attempt to secure preferential treatment beyond activities in which members normally engage on behalf of their constituents as part of their official

For the purposes of this provision, “private advantage” does not include a matter:

. a)  That is of general application; 

. b)  That affects a member of Council, his or her parents, children or spouse, staff ?members, friends or associates, business or otherwise, as one of a broad class ?of persons; or 

. c)  That concerns the remuneration or benefits of a member of Council. 

This provision does not prevent a member of Council from requesting that council grant a lawful exemption from a policy.

14. CONFIDENTIAL INFORMATION

In this Code, “confidential information” includes any information in the possession of, or received in confidence by, the municipality that the municipality is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act, or any other law. “Confidential information’ also includes information of a corporate, commercial, scientific or technical nature received in confidence from third parties; personal information; information that is subject to solicitor-client privilege; information that concerns any confidential matters pertaining to personnel, labor relations, litigation, property acquisition or disposition, the security of the property of the municipality or local board; and any other information lawfully determined by the Council to be confidential, or required to remain or be kept confidential by legislation or order.

No member shall disclose, release or publish by any means to any person or to the public any confidential information acquired by virtue of his or her office, in any form, except when required or authorized by Council or otherwise by law to do so.

Any matter and information pertaining to that matter which has been discussed or debated at a meeting which has been closed to the public, shall remain confidential unless, and until such time as Council, a judicial order, or other legislation authorizes its release.

A member may disclose the content of any matter which has been discussed or debated at an in-camera meeting only after Council has discussed or otherwise released the information to the public.

No member shall use confidential information for personal or private gain or benefit ,or for the personal or private gain or benefit of any other person or body. Without limiting the generality of the foregoing, no member shall, without lawful authority, disclose, or make personal use of, any of the following types of confidential information:

. a)  Information concerning litigation, negotiation or personnel matters; 

. b)  Information which infringes on the rights of any person, such as publication of the 

identity of a complainant when such information was given in confidence;

. d)  Information deemed to be “personal information” under the Municipal Freedom of Information and Protection of Privacy Act; and 

. e)  Any other information or statistical data required by law to remain confidential. 

No member of Council shall obtain access, or attempt to gain access, to confidential information in the custody of the municipality except to the extent that such access is necessary for the performance of his or her duties and such access is not prohibited by Council or otherwise by law.

15. USE OF TOWN PROPERTY, SERVICES AND RESOURCES

No member of Council shall use, or permit the use of, municipal land, facilities, equipment, supplies, services, staff or other resource(s), including any municipally- owned information, website, Council transportation delivery service or funds allocated for member of Council expenses, for any purpose or activity other than the lawful business of the municipal corporation.

No member shall seek or acquire any personal financial gain from the use or sale of confidential information, or of any municipally-owned intellectual property including any invention, creative writing or drawing, computer program, technical innovation, or any other information or item capable of being patented or copyrighted, or which property remains exclusively that of the municipality.

16. INCOMPATIBLE ACTIVITY

A member of Council may not engage in any outside work or business activity which is incompatible or inconsistent with the ethical discharge of official duties in the public interest. Members of Council shall not engage in outside activity which uses their knowledge of confidential information about the holdings of the corporation.

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 on behalf of another party, before Council or any committee, ?board or commission of Council; 

. c)  Solicit, demand or accept the services of any corporation, employee, or individual ?providing services to the municipality at a time in which said person or ?corporation is being paid by the municipality; 

. d)  Use any information gained in the execution of office that is not available to the ?general public for any purpose other than for official duties; 

. e)  Place themselves in a position of obligation to any person or organization which ?might benefit from 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. 

17. GIFTS AND HOSPITALITY

For the purposes of this Code, a gift or extension of hospitality with the member’s knowledge, to a member’s spouse, child or parent, or to his or her staff, that is connected directly or indirectly to the performance of the member’s duties is deemed to be a gift or extension of hospitality to that member.

No member shall accept a fee, advance, gift or offer of hospitality that is connected directly or indirectly with the performance of his or her duties of office, unless permitted under one or more of the exceptions listed below.

Each of the following is recognized as an exception:

. a)  Compensationauthorizedbylaw; 

. b)  A gift or hospitality of the kind that normally accompanies the responsibilities of ?office and is received as an incident of protocol or social obligation; 

. c)  A political contribution otherwise authorized and reported as required by law, in ?the case of a member running for office; 

. d)  Services provided without compensation by a person volunteering his or her ?time; 

. e)  Asuitablemementoofafunctionhonouringthemember; 

. f)  Food, lodging, transportation or entertainment lawfully provided by any ?Provincial, Regional or local government or board or political subdivisions of any of them, by the Federal government, a foreign government, or by those organizing a conference, seminar or event where the member is speaking or attending in an official capacity; 

. g)  Food and beverages consumed at a banquet, reception or similar event, if: 

i. Attendance by the member is or a legitimate municipal purpose; 

ii. The person extending the invitation, or a representative of the organization holding the event, is in attendance; and 

iii. The value is reasonable; 

. h)  Communications to the office of a member, including subscriptions to ?newspapers and periodicals; and 

In the case of any of the recognized exceptions b), e), f), and h), if the value of the gift or hospitality exceeds $300.00, or the total value of gifts or hospitality from one source exceeds $300.00 per calendar year, the member shall file, by March 31 for the previous year, a disclosure statement with the municipality, as prescribed by the Integrity Commissioner.

Every disclosure statement filed under this Code shall be made a public record.

In the event that the Integrity Commissioner makes such a determination, he or she shall call upon the member to justify receipt of the gift or hospitality.

Should the Integrity Commissioner determine that receipt of any gift or hospitality was inappropriate, he or she may direct the member to return the gift, reimburse the donor for the value of any gift or hospitality already consumed, forfeit the gift or remit the value of any gift or hospitality already consumed, to the municipality.

Except in the case of exceptions a), c), and f), no member shall accept a gift or hospitality worth in excess of $600.00, or gifts or hospitality from one source during a calendar year which together are worth in excess of $600.00.

18. SPONSORSHIPS OR DONATIONS FOR COMMUNITY EVENTS

Selling tickets for a community event is not considered solicitation for the purposes of this Policy.

Members shall, by March 31 for the previous year, including a municipal election year, provide a financial disclosure form to the Integrity Commissioner, listing the sponsorships and donations for each community event for which the member solicited such sponsorships or donations in excess of $1000 for a member solicited sponsorship or donation from in excess of $500 per individual or corporation. That form shall be a public record.

Sponsorships or donations on behalf of the Corporation of the Town of Innisfil shall be undertaken in accordance with Corporate Donation Policy (CP.08-05), as amended.

19. COMMUNICATIONS AND MEDIA RELATIONS

Official information relating to decisions and resolutions of Council shall normally be communicated to the media and the community through the Communications Officer.

In some instances, members of Council are requested to comment on policy, procedure and decisions of Council. In those instances, Council members shall convey the information openly and accurately, unless confidentiality regulations apply.

When making statements to the media or the public, members shall remain focused on issues, avoiding statements which provoke or challenge another Councillor, or which might damage the reputation of another Council member.

Council members shall not make accusatory statements or lay blame. In the event that a Council decision has not unfolded the way Council intended, the information shall be communicated to the public in a forthright manner which identifies the problem and the corrective action.?Members of Council shall accurately and adequately communicate the attitudes and decisions of the Town of Innisfil Council, even if they don’t agree with a decision reached on a particular matter showing respect for the democratic process, and showing sense of teamwork within the membership.

Nothing in this section is intended to prevent a member of Council from outlining their rationale for voting in a particular manner, which may have been contrary to the final Council decision.

20. PROFESSIONAL DEVELOPMENT

Members of Council have an obligation to promote, support, pursue and participate in opportunities for professional development. Council members are required to remain informed on issues and trends in order to serve the public efficiently and effectively in the fulfillment of their duties.

Expenses and approvals for “Business Expenses” are governed by the Business Expense Policy for Elected Official and Committee Members, as amended.

21. ATTIRE AND APPEARANCE

As representatives of the Town of Innisfil, it is expected that every member of Council will take appropriate care in dress and appearance, which at meetings is business dress.

During the summer months, commencing on the first Council meeting following Victoria Day and ending on the last Council meeting before Thanksgiving Day, the dress code is relaxed. As such, it is appropriate during that time for members of Council to attend Council meetings in business casual dress, which is more relaxed than business dress.

Dress for committee meetings is generally more relaxed, and will follow a business casual dress standard.

Special events and special occasions will require that members of Council gage what attire is appropriate for the event.

22. STATUTES REGULATING THE CONDUCT OF COUNCILLORS

In addition to this Code of Conduct, the following Ontario legislation also governs the conduct of member of Council:

The Municipal Act, 2001, as amended;?The Municipal Conflict of Interest Act;?The Municipal Elections Act, 1996; and?The Municipal Freedom of Information and Protection of Privacy Act.

A member may become disqualified and lose his or her seat by operation of law, including being convicted of an offence under the Criminal Code of Canada or being found to have failed to comply with the Municipal Conflict of Interest Act, whether or not the conduct in question involves contravention of this Code of Conduct.

In the case of any inconsistency between this Code and a Federal or Provincial statute or regulation, the statute or regulation shall prevail.

23. CODE OF CONDUCT BREACHES

A member found by Council to have contravened any provision of this Code, is subject to one or more of the following consequences imposed by Council, as referred to in the following two paragraphs:

The Municipal Act, 2001 authorizes the Council, where it has received a report by its Integrity Commissioner that, in his or her opinion, there has been a violation of the Code of Conduct, to impose upon the offending member of Council:

1. Areprimand; 

2. suspension of the remuneration paid to the member in respect of his or her ?services as a member of Council for a period of up to 90 days. 

The integrity Commissioner may also recommend that Council take one or more of the following actions:

1. removal from membership from a local Board or a committee of Council; 

2. removal as Chair of a committee of Council; 

3. repayment or reimbursement of monies received; 

4. return of property or reimbursement of its value; 

5. request an apology to Council, the complainant or both; and 

6. any other additional action deemed by Council to be appropriate, and which is ?within its power to take. 

24. COMPLAINT PROTOCOL

Any individual, organization, employee, Member of Council, Council as a whole or member of the public who has reasonable grounds to believe that a member has breached this Code, may proceed with a complaint and request an inquiry. Complaints must be submitted within 6 months after the alleged violation occurred or submission of the relevant disclosure documentation. No action will be taken on a complaint received beyond this deadline.

A request for an investigation into an alleged breach may be made in writing to the Integrity Commissioner for the Town of Innisfil, setting out the name of the Council Member who breached the Code of Conduct, the date of the alleged breach, and a description of how the Code was violated.

The appointed Integrity Commissioner for the Town of Innisfil will commence an independent investigation and provide a written report to Council. The Integrity Commissioner and every person acting under the Commissioner’s jurisdiction shall preserve confidentiality with respect to all matters that become known in the course of the investigation.

The summary report provided to Council by the Integrity Commissioner will contain recommendations and advice without disclosing confidential information. The report will also contain a decision about the alleged contravention, and provide remedial action to be taken.

26. NO REPRISAL OR OBSTRUCTION IN THE ENFORCEMENT OF THIS CODE

Every member of Council must respect the integrity of the Code of conduct and inquiries and investigations conducted under it, and shall co-operate in every way possible in securing compliance with its application and 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. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner, or any other municipal official involved in applying or furthering the objectives or requirements of this Code, in the carrying out of such responsibilities, or pursuing any such objective.

27. NO APPEAL OF INTEGRITY COMMISSIONER’S DECISION

There is no appeal from the decision of the Integrity Commissioner.

28. IMPLEMENTATION

At the outset of each term of Council, members shall receive and acknowledge two copies of the Code of Conduct for Members of Council. One copy shall be retained by the member, and one copy shall be provided to the Clerk.

Code of Conduct training shall comprise a portion of the new Council orientation program.

Council members are expected to formally and informally review their adherence to the provisions of the Code on a regular basis or when requested by Council.

Corporate Policy CP.01-13-02 Page 13 of 13

 

Clerk Services will provide candidates running for a position on Council with a copy of this Policy when they submit their nomination package.

29. COMMITMENT AND ACKNOWLEDGEMENT

Two Copies of the Code of Conduct are to be acknowledged; one copy to be retained by the Clerk, and one copy to be provided to the member of Council.

I____________________________________, agree to abide by the requirement of this Code of Conduct in the discharge of my duties as an elected official.

I acknowledge that I have read and accept the expectations and responsibilities outlined in this Code of Conduct. I will act with honesty and integrity and conduct myself in a manner which generates public trust and confidence and enhances the image of the Town of Innisfil.

_________________________________ _______________________________

Signature of Member of Council Date of Signature

   

DECLARATION OF OFFICE (Section 232 of the Municipal Act, 2001)

I, xxx(name), having been elected as xxxx(position) in the municipality of The Corporation of the Town of Innisfil, do solemnly promise and declare that:

1. I will truly, faithfully and impartially exercise this office to the best of my knowledge and ability. 

2. I have not received and will not receive any payment or reward, or promise thereof, for the exercise of this office in a biased, corrupt or in any other improper manner. 

3. I will disclose any pecuniary interest, direct or indirect, in accordance with the Municipal Conflict of Interest Act. 

4. I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being). 

And I make this solemn promise and declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

 

Declared before me at the?Town of Innisfil, County of Simcoe, this ___ day of ______, ______.

_________________________________

Jason Reynar, Town Clerk Commissioner for taking Affidavits

__________________________ (name), (postion)

 

 APPENDIX “B”?TO CODE OF CONDUCT FOR MEMBERS OF COUNCIL 

(To be used pursuant to Section 17. of CP.01-13-02)?Recipient’s Name:_______________________________________________________ 

Item Received or Nature of Hospitality:_______________________________________

______________________________________________________________________ 

Received From:_________________________________________________________ 

Date of Receipt:____________________ 

Value or Estimate of Item:________________ 

Please describe the circumstances under which the Item or Hospitality was received: ______________________________________________________________________ ______________________________________________________________________

Please describe your intentions with respect to the Item or Hospitality: ______________________________________________________________________

______________________________________________________________________ ______________________________________________________________________ 

Do you anticipate transferring the gift or hospitality described above to the municipality? 

Yes, immediately_____________ 

Yes, eventually _____________ 

No _____________

_______________________________________ _____________________ 

Recipient’s Signature Date