08 - May 8, 2012 County Council Agenda Package includes delegation handouts
ORDERS OF THE DAY
FOR TUESDAY, MAY 8, 2012 – 9:00 A.M.
ORDER
1st Meeting Called to Order
2nd Adoption of Minutes – April 24, 2012
3rd Disclosure of Pecuniary Interest and the General Nature Thereof
4thPresenting Petitions, Presentations and Delegations
DELEGATIONS:
9:00 a.m.
John Martyn & Ron Casier with presentation on Roadside Spraying
Presentation to Central Elgin Council (attached)
“Pesticides OK or not OK”
PowerPoint Presentation titled (attached)
11:00 a.m.
Barbara Arbuckle, Director of Ontario Works & Social Housing, with
report titled “Transition Study Impact of Full Day Kindergarten”
(attached)
11:30 a.m.
Barbara Humphrey, BGH, Barbara G. Humphrey Professional
Corporation – Code of Conduct
5th Motion to Move Into “Committee Of The Whole Council”
6th Reports of Council, Outside Boards and Staff
7th Council Correspondence
1) Items for Consideration
2) Items for Information (Consent Agenda)
OTHER BUSINESS
8th
1) Statements/Inquiries by Members
2) Notice of Motion
3) Matters of Urgency
9th Closed Meeting Items
10th Recess
11th Motion to Rise and Report
12th Motion to Adopt Recommendations from the Committee Of The Whole
13th Consideration of By-Laws
14th ADJOURNMENT
LUNCH WILL BE PROVIDED
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Human Resources Boardroom – 3 floor
NOTICE:
Deputy Warden for May – Cameron McWilliam
Deputy Warden for June – Dave Marr
May 8, 2012 1:00 p.m. – Code of Conduct Session
(tentative)
May 22, 2012 9:00 a.m. – County Council
6:00 p.m.
June 12, 2012 – County Council
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June 13, 2012 4 Annual Warden’s Charity Golf Tournament
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DRAFT
COUNTY COUNCIL MINUTES
Tuesday, April 24, 2012
The Elgin County Council met this day at the Administration Building at 9:03 a.m. with all
members present except Councillor Marr who sent his regrets as he is attending to other
business.
Warden Walters in the Chair.
ADOPTION OF MINUTES
Moved by Councillor Jenkins
Seconded by Councillor Ens
THAT the minutes of the meeting held on April 10, 2012 be adopted.
- Carried.
DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
–
Warden Walters and Councillors Couckuyt and Wiehle declared, at the appropriate time, a
conflict of interest with regard to the Closed Meeting report concerning the Health Unit, 99
Edward Street, St. Thomas, as it might prejudice their position as Council appointees on the
Elgin St. Thomas Public Health Board. At the appropriate time, they vacated the Council
Chambers and refrained from discussing and voting on the item.
DELEGATIONS
Erica Arnett and Nicole Ooms of the Healthy Communities Partnership presented a PowerPoint
on ‘Our Local Active Transportation Initiative Project’.
Moved by Councillor Wiehle
Seconded by Councillor Mennill
THAT the presentation titled “Our Local Active Transportation Initiative Project” dated April 24,
2012 be received and filed.
- Carried.
Debra Mountenay of the Elgin Middlesex Oxford Workforce Planning and Development Board
presented a PowerPoint on the Labour Force Development Strategy.
Moved by Councillor McIntyre
Seconded by Councillor McWilliam
THAT the presentation titled “St. Thomas-Elgin Labour Force Development Strategy 2012”
dated April 24, 2012 be received and filed.
- Carried.
Moved by Councillor Wiehle
Seconded by Councillor Couckuyt
THAT we do now move into Committee Of The Whole Council.
- Carried.
REPORTS
Statutory Public Meeting for the Elgin County Official Plan – Manager of Planning
The Chief Administrative Officer presented the report, requesting confirmation of a date for the
public meeting. It was suggested that Council’s regular meeting would commence at 6:00 p.m.
on June 12, 2012, instead of 9:00 a.m. to accommodate the public meeting.
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Moved by Councillor Wiehle
Seconded by Councillor Ens
THAT a public meeting be held by Elgin County Council on June 12, 2012 at 7:00 p.m. in the
Council Chambers.
- Carried.
Horse Racing Industry Update - Proposed Provincial Budget 2012 – Administrative
Services Coordinator
The coordinator presented the update on the horse racing industry as it relates to the proposed
provincial budget. It was noted that the provincial budget, expected later this morning, may
have allocated some transitional assistance to the industry.
Moved by Councillor Mennill
Seconded by Councillor Wiehle
THAT the report titled “Horse Racing Industry Update – Proposed Provincial Budget 2012”
dated April 17, 2012 be received and filed.
- Carried.
Award of Tenders - Engineering – Deputy Director of Engineering Services
The Director of Engineering Services presented the list of tenders awarded recently for projects.
Moved by Councillor Jenkins
Seconded by Councillor Ens
THAT McCann Paving Inc. be selected for the Granular A Shouldering Tender, Contract No.
6250-12B at a total price of $157,033.50 exclusive of HST; and,
THAT Coco Paving Inc. be selected for the Hot Mix Asphalt Tender, Contract No. 6220-12 at a
total price of $2,156,995.99, inclusive of a $50,000 contingency allowance exclusive of HST;
and,
THAT Duncor Enterprises Inc. be selected for the Microsurfacing Type 3 Tender, Contract No.
6250-12 at a total price of $584,530 inclusive of a $25,000 contingency allowance exclusive of
HST; and,
THAT Niagara Crack Sealing be selected for the Asphalt Crack Sealing Tender, Contract No.
6290-12-01 at a total price of $123,900 exclusive of HST; and,
THAT Birnam Excavating Limited be selected for the Culvert Sliplining Tender, Contract No.
6290-11-01 at a total price of $194,229.08 exclusive of HST; and,
THAT if the cost increases above the tender amount approved by Council by more than 10 per
cent, the director will prepare a further report to Council outlining the expenditures; and,
THAT the Warden and Chief Administrative Officer be authorized to sign the contracts.
- Carried.
Speed Zone Amendment - Pioneer Line – Deputy Director of Engineering Services
The Director of Engineering Services presented the report recommending a speed zone be
established on Pioneer Line.
Moved by Councillor McWilliam
Seconded by Councillor McIntyre
THAT the existing speed zone by-law be amended to include a 60 km/hr reduced speed zone
on Pioneer Line (County Road #2) from the west property line of Currie Road westerly 870
metres; and,
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THAT the OPP be notified of the establishment of the reduced speed zone.
- Carried.
Ambulance and Emergency Response Vehicle Laptop Computer Replacement – Director
of Engineering Services
The director presented the report, recommending purchase of computer equipment for
emergency responders.
Moved by Councillor Mennill
Seconded by Councillor Wiehle
THAT project 2800-12-01 Ambulance Purchase and efficiencies from other engineering services
projects, fund the purchase of 12 laptops at an estimated cost of $65,000 and a new project be
identified for the purchase of 12 computers for emergency medical services purposes.
- Carried.
Purchase of Ambulances - Director of Engineering Services
The director presented the report on the proposed purchase of ambulances.
Moved by Councillor McIntyre
Seconded by Councillor Jenkins
THAT the Warden and Chief Administrative Officer be authorized and directed to purchase two
ambulance vehicles from Crestline Coach Limited at their quoted price of $223,464, inclusive of
trade-in allowance and exclusive of taxes, which has been approved in the 2012 Capital
Budget; and,
THAT the County accept the trade-in allowance of $17,000 offered by Crestline Coach Limited
for: a) 2006 Chevrolet Express with 191,345 km and 5,209 hours; and,
b) 2006 Chevrolet Express with 221,617 km and 6,606 hours, recorded as of April 1, 2012.
- Carried.
Electronic Patient Call Report – Director of Engineering Services
The director presented the report recommending purchase of electronic patient call reports for
Emergency Medical Services personnel.
Moved by Councillor McWilliam
Seconded by Councillor Couckuyt
THAT the single source purchase of the cPCR Software to Interdev Technologies be approved,
provided the cost is within the budget estimate.
- Carried.
Acute Stroke By-Pass and Medical Redirect: Memo of Understanding – Director of
Engineering Services
The director presented the report, requesting approval for a bypass protocol in emergency
situations regarding strokes. Randy Denning, president of Thames EMS, was in attendance to
speak to the report.
Moved by Councillor McIntyre
Seconded by Councillor Couckuyt
THAT the Director of Engineering Services be authorized and directed to sign a Memorandum
of Understanding for the Acute Stroke Bypass and Medical Redirector for the Southwest Ontario
Regional Stroke Centre.
- Carried.
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Oil and Gas Lease: Lots 26 & 27, Concession. 4, Township of Yarmouth – Director of
Engineering Services
The director presented the report on a request for a lease of property commonly known as
Snake Pitt.
Moved by Councillor Mennill
Seconded by Councillor McWilliam
THAT the report titled “Oil and Gas Lease: Lots 26 &27, Concession 4, Township of Yarmouth”
dated April 5, 2012 be received and filed.
- Carried.
Library Guidelines Performance – Director of Community & Cultural Services
The director presented the report on the guidelines for rural and urban library systems, as
established by the Administrators of Rural and Urban Public Libraries of Ontario.
Moved by Councillor Couckuyt
Seconded by Councillor Ens
THAT the report titled “Library Guidelines Performance” dated April 5, 2012 be received and
filed.
- Carried.
Elimination of Federal Funding for Community Access Program – Director of Community
& Cultural Services
The director presented the report noting the federal government was no longer planning to fund
the Community Access Program (CAP). The director read out loud a letter from the Canadian
Library Association expressing concerns over the elimination of CAP.
Moved by Councillor McIntyre
Seconded by Councillor Couckuyt
THAT the Warden, on behalf of Elgin County Council, issue a letter to the Federal Minister of
Industry to restore sustainability funding to the Community Access Program effective
immediately and with a commitment to longer-term, sustainable funding, citing the program’s
on-going relevancy and critical importance to rural Canadians; and,
THAT the Warden write a letter to Joe Preston, M.P., Elgin-Middlesex-London, the Federation of
Canadian Municipalities and the Western Ontario Wardens’ Caucus to also lobby the Minister to
reinstate funding; and,
THAT the letter from the Canadian Library Association expressing their dismay with the
proposed elimination of CAP be endorsed.
- Carried.
Council recessed at 10:00 a.m. and reconvened at 10:17 a.m.
Psychiatric Admissions to Long Term Care – Director of Homes and Seniors Services
The director presented the report outlining concerns around psychiatric patients being admitted
to homes for seniors. A clip from the television show W5 was played for council. Michele
Harris, Administrator of Elgin Manor & Bobier Villa, spoke to the presentation.
Moved by Councillor Mennill
Seconded by Councillor Couckuyt
THAT the Minister of Health and Long Term Care be strongly encouraged to examine the
appropriateness of placing former psychiatric patients in long term care facilities as a means of
discharging patients from psychiatric hospitals scheduled to close in Ontario; and,
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THAT, should the Minister insist on the replacement of psychiatric patients in Long Term Care
Homes, that the Ontario Association of Non-Profit Homes and Services for Seniors be requested
to advocate for greater resources to enable these facilities to be properly resourced in order to
meet the care requirements of their residents; and,
THAT until such time that this issue is addressed by the Minister of Health, the Homes’
Administration be authorized and directed to protect residents’ rights and employee safety (Bill
168) by denying admission from potential residents with conditions that the Homes are unable
to care for in a safe and appropriate manner; and,
THAT Joe Preston, M.P., Elgin-Middlesex-London, Jeff Yurek, M.P.P., Elgin-Middlesex-London,
the Western Ontario Wardens’ Caucus and the City of St. Thomas be copied on the letter.
- Carried Unanimously.
CORRESPONDENCE
Items for Information (Consent Agenda)
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1. Heather Jackson, Mayor, City of St. Thomas thanking Council for support of the 2 Annual
Mayor’s Charity Hockey Game and the donation for St. Thomas-Elgin United Way.
2. Bruce Babcock, Chair, Board of Governors, St. Thomas Elgin General Hospital expressing
disappointment for the Provincial Government’s budget decision to rescope the STEGH
Capital Redevelopment Project.
3. Maria Konefal, Assistant to the City Clerk, City of St. Thomas with a resolution to the Premier
of Ontario regarding the St. Thomas Elgin General Hospital Redevelopment Project.
4. Hon. Bob Chiarelli, Minister of Transportation noting Ontario’s 2012 Budget Infrastructure
highlights.
5. Steve Knipe, President, STEGH Foundation Board of Directors, St. Thomas Elgin General
Hospital, with an explanation and background information regarding the capital campaign.
(Circulated to council separately on Friday, April 20, 2012.)
Moved by Councillor Mennill
Seconded by Councillor Jenkins
THAT Correspondence Items #1 – 5 be received and filed.
- Carried.
OTHER BUSINESS
Statements/Inquiries by Members
Councillor Couckuyt noted his mother-in-law, a resident at Terrace Lodge, had recently passed
away at the age of 98 and thanked the Terrace Lodge staff for being professional, warm and
courteous regarding her care.
Warden Walters updated council on the Warden’s annual charity golf tournament and fund-
raiser for the St. Thomas Elgin United Way on June 13, 2012. He encouraged council to
participate and support the event.
Notice of Motion
– None.
Matters of Urgency
– None.
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Closed Meeting Items
Moved by Councillor McIntyre
Seconded by Councillor Mennill
THAT we do now proceed into closed meeting session in accordance with the Municipal Act,
Section 240.2 (a) the security of the property of the municipality or local board – Ford Property
Assessment; and, Section 240 2 (c) a proposed or pending acquisition of disposition of land by
the municipality or local board – Update on the Potential Sale of 99 Edward Street.
- Carried.
The Director of Financial Services presented the report on the Ford Property Assessment.
Warden Walters and Councillors Couckuyt and Wiehle vacated the Council Chambers at 10:55
a.m., following discussion of the report.
Deputy Warden McWilliam in the Chair.
The Director of Financial Services presented a verbal report on 99 Edward Street, along with a
copy of the proposed extension amendments.
Motion to Rise and Report
Moved by Councillor Jenkins
Seconded by Councillor McIntyre
THAT we do now rise and report.
- Carried.
Moved by Councillor Ens
Seconded by Councillor Mennill
THAT staff be authorized and directed to extend the closing date on the sale of 99 Edward
Street in order to accommodate the buyer’s timeline for disposition.
- Carried.
Warden Walters and Councillors Couckuyt and Wiehle returned to the Council Chambers at
11:06 a.m.
The Deputy Warden vacated the Chair. The Warden took the Chair.
Moved by Councillor McIntyre
Seconded by Councillor Jenkins
THAT the confidential report titled “Ford Property Assessment” dated April 13, 2012 be received
and filed.
- Carried.
Motion to Adopt Recommendations of the Committee of the Whole
Moved by Councillor Mennill
Seconded by Councillor Ens
THAT we do now adopt recommendations of the Committee Of The Whole.
- Carried.
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County Council 7 April 24, 2012
BY-LAWS
Moved by Councillor McWilliam
Seconded by Councillor Couckuyt
THAT By-Law No. 12-11 “Being a By-Law to Confirm Proceedings of the Municipal Council of
the Corporation of the County of Elgin at the April 24, 2012 Meeting” be read a first, second and
third time and finally passed.
- Carried.
ADJOURNMENT
Moved by Councillor Mennill
Seconded by Councillor McIntyre
THAT we do now adjourn at 11:08 a.m. and meet again on May 8, 2012 at the County
Administration Building Council Chambers at 9:00 a.m.
- Carried.
Mark G. McDonald, Bill Walters,
Chief Administrative Officer. Warden.
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Presentation to Central Elgin Council
The Proposal
It is our understanding that it is proposed to spray the roadsides in the municipality with the
herbicide Estaprop (contains Dichloroprop and 2,4-D emulsifiable concentrate) in the very near
future. It is proposed to spray some 50 kilometres of roadside each year until all the road
allowances are covered. It is also proposed to continue to mow two swaths along the travelled
portion of the roads. We have serious reservations regarding the spray programme.
1. The proposal is not in accord with up-to-date science, especially natural science. Blanket
spraying of this nature has little regard for the ecosystem. Nature abhors a monoculture and
endeavours to remedy this anomaly. Much of our approach to ecosystem science in the last 40
years has been an attempt to reduce blanket solutions to weed problems by more nuanced
responses. Biologists are especially concerned with ecosystem destruction. The proposal as
envisaged would probably leave only grasses.
2. Water quality is a great concern at present. The provincial government does not wish to see
pollution of our water and is devoting a great deal of time and money to cope with this issue.
Blanket spraying would affect adjacent wetlands as well. The polluted water from roadside sprays
would rapidly find its way into the drainage ditches and drains and contribute further to reduce the
water quality. For example, the Armstrong Drain off Roberts Line flows directly to Lake Erie; a
few miles to the west lies the water purification plant that not only supplies parts of Central Elgin
but also St. Thomas and London. Water quality in Lake Erie is still a considerable problem. There
are still a great many unresolved water quality issues with that lake.
3. Tourism is now a major source of revenue for Central Elgin and indeed of the County of Elgin.
In fact, there is a special department in the county devoted to promoting tourism. Visitors would
certainly not be impressed by the monoculture promoted by a blanket spray policy. In fact, nearby
Bayham is banking on an influx of tourists to visit their submarine display. Why would we do
anything to reduce our image in the eyes of tourists! There also is a major pioneer quilt project
promoted by the Elgin County Museum in cooperation with several neighbouring counties. Who is
interested in motoring down roads littered with dying shrubs and herbaceous plants!
4. There is a growing organic business in our area. Pesticides are not permitted in their operation,
and anything that diminishes their product’s image directly affects their bottom line. There is also
the spinoff from visits to their operations that benefits non organic businesses. A blanket spray
programme is helping to turn off their customers who may also be our customers. Closely
associated with the foregoing is the effect of sprays on honey bee populations. By destroying
herbaceous plants, we are denying bees of an important source of food. There are those in our area
who make their living from beekeeping. Pollination of apples and other fruit trees is an absolute
necessity as is pollination of melons and other crops.
5. Blanket spraying also brings in the problem of spray drift. Despite all our best efforts drift
occurs in most instances. Spraying the complete road allowance would inevitably lead to some drift
onto adjacent properties. This would almost certainly result in lawsuits against the municipality and
its officials. At the very least, angry ratepayers would besiege the elected representatives and cause
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considerable havoc. Pollution insurance would not guarantee protection, for in the case of
indemnities incurred the companies would simply increase the premiums.
6. If we are honest with ourselves, much of the proposed spray programme is cosmetic in nature.
Most cities have already abolished spraying of pesticides for cosmetic reasons as have most areas of
direct provincial jurisdiction. The province in its publication Guide of Weed Control, 2012-2013
encourages cultural and mechanical methods to combat weed issues. No doubt there are problems
with invasive plants such as kudzu and phragmites but destroying all our native herbaceous plants
and wildflowers is not a solution. The problems with invasives should be attacked on a case by case
basis.
7. One might argue that blanket spraying of all plants but grasses is the cheapest solution.
However, this simplistic approach neglects to factor in the huge negative factors that such a
“solution” imposes. We have already enumerated some of these.
8. We wish to point out more positive effects that the maintenance of a healthy and diverse roadside
area would produce. Pollination carried out by bees - not just honey bees - is enhanced by
groundcover plants and flowering trees and shrubs such as red maples, sugar maples, alders,
hawthorns, wild plums, wild cherries, sumacs, and lilacs. The sharp decline of honey bee
populations -which are vital for pollination - has already been alluded to. Monarch butterflies are
dependent on milkweed. Roadside habitats are vital for bluebirds and many groundbirds. Cental
Elgin has two major creeks - Catfish and Kettle - that flow through the municipality and must be
protected from spraying for they contain significant wetlands. Communities in Bloom judges
commended Central Elgin for their naturalized roadside areas; this factor assisted in our being
awarded first place in the provincial competition.
9. It would seem to us that politicians should be the last to underestimate the human factor. Our
citizens tread these road allowances every day. They plant flowers in front of their properties; they
walk their dogs along these roadways; some spend a portion of each day picking up throwaways
along the roads; others cycle, walk, and run along these thoroughfares. True, one may post a sign
do no use this area but they will be very unimpressed with such advice, and will no doubt inform
you in no very uncertain terms of their displeasure.
Conclusion
We thank you for this opportunity to present you with what we believe to be a considered
response to the proposal to blanket spray Central Elgin’s road allowances. We think that the
proposal has little merit and a great many deficiencies. It resembles attacking a fly with a
sledgehammer. Thank you.
* This presentation has been drafted by John Parks Martyn and Ronald Casier. Mr. Martyn has 35
years in secondary and university teaching and 20 years in farming; Mr. Casier is a former head of
science at St. Joseph’s High School. He has done and continues to do a great deal of work in
environmental matters.
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REPORTS OF COUNCIL AND STAFF
May 8, 2012
Staff Reports – (ATTACHED)
Deputy Director of Engineering Services – Vegetation Control and Roadside Maintenance
Deputy Director of Engineering Services – Municipal Drainage Tribunal Decision
Municipality of West Elgin
Purchasing Coordinator – Quarterly Information Report – Contract Awards
January 1, 2012 to March 31, 2012
Director of Financial Services – Budget Comparison – March 2012 YTD
Director of Homes and Seniors Services – 2011/2012 Adult Day Program Capital Purchase
Request
Director of Community and Cultural Services – Dutton Library – Revised Hours of Operation
Director of Community and Cultural Services – Bayham Library Renovations
Chief Administrative Officer – Revised Code of Conduct
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REPORT TO COUNTY COUNCIL
FROM: Sonia Beavers
Purchasing Coordinator
DATE: April 24, 2012
SUBJECT: Quarterly Information Report - Contract Awards
January 1, 2012 to March 31, 2012
INTRODUCTION:
As per the County of Elgin's Procurement Policy 10.1; “ an information report containing
the details relevant to the exercise of delegated authority for all contracts awarded that
exceed $10,000 including amendments and renewals is to be prepared and reported to
Council on a quarterly basis”.
In addition, the County of Elgin’s Procurement Policy 3.14 states;
“Any expenditure exceeding $50,000 for a one time purchase or over an annual basis
must be reported to Council”.
DISCUSSION/CONCLUSION:
The Council of the Corporation of the County of Elgin delegated authority to the
Directors to award contracts as follows;
ValueReport Status
Greater than $10,000 No report to Council required if within 10% of the
but less than $50,000 approved budget allocation
Greater than $50,000 No report to Council required if within approved
but less than $100,000 budget
However, Council also approved that a quarterly information report would be brought
forward containing details of the award of contracts including amendments and
renewals. The detailed report of the award of contracts is attached as Appendix A.
RECOMMENDATION:
THAT the Quarterly Information Report - Contract Awards, January 1, 2012 to March
31, 2012 will be received and filed.
All of which is Respectfully Submitted, Approved for Submission by,
Sonia Beavers Mark G. McDonald
Purchasing Coordinator Chief Administrative Officer
Jim Bundschuh
Director of Financial Services
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APPENDIX A
Purchases/Projects greater than $10,000
January 1, 2012 to March 31, 2012
DepartmentBudgetProjectAward Bid Price
Allocationexcludes hst
Engineering CapitalKing George Lift Bridge The Cobrell $93,118.00
RoofCompanay
Engineering CapitalHVACReplacementClimate Control $40,950.00
Terrace Lodge
Engineering CapitalSecurity Upgrades – RMB$44,844.00
HomesCommunications
Engineering CapitalInstallationofCeramicBernardo Group $89,765.80
Floor – Bobier Villa
Engineering CapitalExcavating Glen Erie Line Laemers$23,014.80
Bayham – Single Source Excavating
Emergency
HomesOneTimeMechanical Lift – Bobier ArjoHuntleigh$ 9,383.00
FundingVilla
HomesCapitalMechanical Lift – Terrace ArjoHuntleigh$10,908.00
Lodge
HomesOneTimeMechanical Lift ArjoHuntleigh$11,491.00
FundingTerrace Lodge
HomesCapitalPreventative MaintenanceArjoHuntleigh$37,505.75
Program for Lifts and tubs
for the 3 Homes
InformationCapitalLaserfiche Rio Software MC Imaging $69,611.70
Technologyand Consulting
EconomicOperationalPrinting of Elgin Tour Aylmer Express $21,095.00
Development Guides
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REPORT TO COUNTY COUNCIL
FROM: Jim Bundschuh - Director of Financial Services
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DATE: April 23, 2012
SUBJECT: Budget Comparison March 2012 YTD
INTRODUCTION:
Attached is the budget comparison through March 2012 for the County showing
total performance to budget of $223 thousand
.
DISCUSSION/CONCLUSION:
Highlights of the budget performance as shown on Attachment I are as follows:
Line 15 Administration Building: $16 thousand favourable performance
resulting predominately from utilities consumption performance.
Line 16 Corporate Expenditures: $19 thousand favourable performance
resulting from $10 thousand in utilities hedge performance combi
savings in other accounts.
Line 18 Homes for Senior Services: $107 thousand favourable performance
resulting from favourable performance in benefits.
Line 25 Economic Development/Tourism/Planning: $38 thousand favourable
performance resulting from favourable performance of $20 thousand in Tourism
and $9 thousand each in Economic Development and Planning.
RECOMMENDATION:
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THAT the report titled Budget Comparison March 2012 YTD dated April 23,
2012 be received and filed.
Respectfully Submitted Approved for Submission
Jim Bundschuh Mark G. McDonald
Director of Financial Services Chief Administrative Officer
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REPORT TO COUNTY COUNCIL
FROM: Rhonda L. Duffy
Director of Homes & Seniors Services
DATE: April 20, 2012
SUBJECT: 2011/2012 Adult Day Program Capital Purchase Request
INTRODUCTION:
The Bobier Villa Adult Day Program (ADP) is requesting approval for the
purchase of a new Arjo Huntleigh Bath Tub for bathing the ADP clients. Approval
is also requested for the purchase of a baby grand piano at Bobier Villa to
provide music therapy for ADP clients and would also be available to our current
residents for use during music therapy programs, etc.
DISCUSSION:
The tub currently in use by the ADP at Bobier Villa is seventeen years old. The
tub has been listed on the aged equipment report from Arjo Huntleigh and is
causing an additional cost to the home through the annual maintenance
agreement. There has also been increased maintenance on the tub therefore;
replacement would be of benefit to the program as well as the home.
The current piano at Bobier Villa is old and in poor playing condition. Replacing
with a new piano would ensure the continued use by the Adult Day Program and
provide music therapy for our long stay residents as well.
The piano and the tub are capital costs. The cost of the piano will be split
between Bobier Villa and ADP, total cost of $6,106 being split $1,105.60 and
$4,999, respectively. The cost of the new tub is $18,738.09. The ADP is able to
make these capital purchases due to an end of year surplus identified within its
2011/2012 operating budget. If this surplus is not spent it will be clawed back by
the Ministry of Health.
The capital purchases for ADP were approved by the South West Local Health
Integration Network (LHIN).
CONCLUSION:
The Bobier Villa Adult Day Program is requesting approval for the purchase of
the Arjo Huntleigh Bath Tub for $18,738 and the baby grand piano for $6,106,
funded through a transfer of operating budget to the capital budget. The cash
flow impact in 2012 is zero, but it will result in a positive impact on the income
statement.
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RECOMMENDATION:
THAT the 2011/2012 Adult Day Capital Purchase Request be approved by
Council, and
THAT $24,844 of operating budget be transferred to the capital budget.
Respectfully Submitted Approved for Submission
Rhonda L. Duffy Mark G. McDonald
Director of Homes & Seniors Services Chief Administrative Officer
Dawn Adams Burridge
Adult Day Program Co-ordinator
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REPORT TO COUNTY COUNCIL
FROM: Mary Lou McMillan, Library Supervisor
Brian Masschaele, Director of Community and Cultural Services
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DATE: April 16, 2012
SUBJECT: Dutton Library – Revised Hours of Operation
INTRODUCTION:
Library branch hours are reviewed on a regular basis to ensure that the most effective
service is being provided to the public within available resources. This report
recommends that hours of operation at the John Kenneth Galbraith Reference Library,
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Dutton be revised effective July 3, 2012.
DISCUSSION
Staff have analyzed usage patterns at the John Kenneth Galbraith Reference Library,
Dutton and are recommending that hours of operation be revised as follows:
CURRENT PROPOSED
HOURSHOURS
Mondays 10 am - 8:30 pm 10 am - 8 pm
Tuesdays10 am – 8:30 pm 10 am – 8 pm
WednesdaysClosed Closed
Thursdays1 pm – 8:30 pm 12 pm – 8 pm
Fridays10 am - 5 pm 10 am – 5 pm
Saturdays10 am – 5 pm 10 am – 5 pm
TOTAL 42.5 42
Staff have determined that there is minimal usage of the branch after 8:00 pm and there
would be greater benefit to the public in opening the branch an hour earlier on
Thursday. While this overall plan would see the hours of operation reduced by half an
hour to 42 hours per week, this amount would still meet or exceed library guidelines and
will continue to represent an appropriate level of service, both to the community and in
the branch’s capacity as a reference library for the western portion of the County. There
will be no financial impact for this change outside of minor costs to update branch
literature and the website. Staff propose to use the extra half hour of staff time gained
from this plan towards staff training and preparation for programming.
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CONCLUSION:
Should Council approve this plan, staff recommend that the changes take effect on July
rd
3, 2012 in order to allow sufficient time to notify the public. An article informing the
public of this change will be submitted to The Chronicle as part of this process.
RECOMMENDATION:
THAT the hours of operation for John Kenneth Galbraith Reference Library, Dutton as
outlined in the report entitled “Dutton Library – Revised Hours of Operation” dated April
thrd
16, 2012 be hereby approved effective July 3, 2012.
All of which is Respectfully Submitted Approved for Submission
Mary Lou McMillan Mark G. McDonald
Library Supervisor Chief Administrative Officer
Brian Masschaele
Director of Community and Cultural Services
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REPORT TO COUNTY COUNCIL
FROM: Brian Masschaele, Director of Community and Cultural Services
th
DATE: April 19, 2012
SUBJECT: Bayham Library Renovations
INTRODUCTION:
The Municipality of Bayham is proceeding with accessibility renovations to the
Bayham Library in Straffordville in 2012. This report informs Council about this
project, sources of funding and the County’s contribution to it.
DISCUSSION:
The Municipality of Bayham was recently approved for $50,000 from the federal
government’sEnabling Accessibility Fund to facilitate accessibility upgrades to
Bayham Library (Straffordville). The municipality has also allocated additional
capital funds towards this project and is currently in the process of issuing a
Request for Proposal (RFP) to engage an architect and general contractor to
proceed. Final costs to the municipality will exceed $50,000 and will be finalized
once the (RFP) process is complete. The municipality’s project will entail the
following improvements:
Installation of a power door assist on exterior doors;
Removal of the vestibule into the library;
Creation of accessible bathrooms;
Demolition of interior walls to open up the main floor;
Replacement of carpet, re-painting and installation of floor tiles adjacent to
the circulation desk.
Elgin County Library staff assisted with the municipality’s submission to the
Enabling Accessibility Fund in September 2011 and subsequently made two
delegations to Bayham Council in November 2011 and January 2012 to further
discuss the rationale behind these requested improvements, all of which will
enhance accessibility and programming space in the library. Staff wish to
acknowledge Bayham Council’s strong support to enhance accessibility and
programming space at the library. This project is particularly timely given the
large increase recently in the branch’s circulation, programming statistics and
hours of operation.
Council has made a strong commitment to improving accessibility at all County
facilities and allocates $35,000 each year in the capital budget towards
accessibility upgrades in the library’s ten branches. Bayham Library will be the
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focus of these funds in 2012. The County contribution towards renovations will
be largely devoted to the following expenditures:
Modifications to shelving height and an increase to aisle widths;
Increasing bandwidth and the number of public access computers;
Furnishings for a larger children’s programming area;
Creation of an area devoted to teen’s programming and resources;
Periodicals shelving and display racks;
Modifications to staff work and lounge areas;
Basement improvements for the storage of collections;
Signage improvements, particularly roadside signage.
Renovations are also an ideal time to look at the public’s use of library services
generally and how they may be improved going forward as this may impact how
space is allocated in the renovated facility. To this end, staff have developed the
attached survey which will be distributed to Bayham residents through the
municipality’s water bill. Staff wish to acknowledge the Municipality of Bayham’s
assistance in distributing this survey.
CONCLUSION:
The final timeline and extent of impact on operations will be better known once a
formal design is completed by an architect but it is expect that renovations will
proceed in fall 2012. Staff will keep Council and the public informed regarding
the unavoidable need to temporarily close Bayham Library during these
renovations.
RECOMMENDATION:
THAT the Warden on behalf of County Council issue a letter of congratulations to
Bayham Municipal Council for a successful grant application of $50,000 to the
Federal Government’s Enabling Accessibility Fund in order to facilitate
accessibility upgrades to the Bayham branch of the Elgin County Library; and
th
THAT the report titled “Bayham Library Renovations” dated April 19, 2012 be
received and filed.
All of which is Respectfully Submitted Approved for Submission
Brian Masschaele Mark G. McDonald
Director of Community and Chief Administrative Officer
Cultural Services
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Library Survey
Elgin County Library provides FREE access to a range of materials and services, both in the
library and at home if you have a computer. This survey is intended for all residents of Bayham,
regardless of whether you currently visit the library. If you could take a moment to answer a few
quick questions, we’d like to know if there is anything we could be doing for you!
1) Which branch(es) would be easiest for you to visit? (Check all that apply)
a. Aylmer
b. Port Burwell
c. Springfield
d. Straffordville
e. None of the above - it would be easier to visit _________________
f. I do not use the library
2) What are the main reasons you visit / do not visit the library?
3) Of the following services the library could currently provide, which would be most useful
for you and your family? (Please circle all that apply to help us identify needs)
a. Borrowing books
b. Using computers for personal use
c. Using computers to research library databases
d. Asking staff for help with research or finding information
e. Asking staff for recommendations about books, movies and music
f. Wireless Internet access
g. Placing holds on materials and being notified when they arrive
h. Access to free content on mobile / tablet devices
i. Storytime for preschoolers
j. Storytime for babies (e.g. rhymes & songs)
k. General children’s programs / activities
l. General teen programs / activities
m. General adult programs / activities
n. Book clubs
o. Computer training
p. Access to downloadable eBooks / eAudiobooks from home
q. Access to research databases from home
r. Library fine reduction programs
s. E-mail newsletters promoting good books
4) Are there any services you have to leave the community for that you wish could be
offered at the library? (e.g. health information sessions, legal services, learning courses,
etc.)
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5) In planning for the future, the library may consider offering new collections, events and
services if there is significant demand in the community. Please circle any of the following
items or services you would like to see in the library, and list specific ideas in the space
provided.
a. English as a Second Language (ESL) services
b. Community health partnerships
c. Partnerships with local schools
d. Town halls to discuss local issues
e. More specialty programs for adults
f. More specialty programs for teens
g. More specialty programs for kids
h. More space for formal group meetings
i. More space for informal group discussions
j. More space for quiet study
k. Video games. List the system you use: __________
l. Blu-ray movies
m. eReaders to borrow
n. Laptops / tablets to borrow
o. MP3 players to borrow
p. Free music downloads from home
q. Free movie downloads from home
r. Increased selection of eBooks
s. Other:
6) Is there anything in general you’d like to see done differently at the library?
7) If we made these changes, do you think you would visit the library?
a. Yes
b. No
If you would like us to contact you with more information about how to get a free library card for
access to our services at a branch, or through a home computer, please enter your name and
contact information in the space below.
Thank you for your feedback. Please submit your survey by June 1st by mail or at the municipal
office, the library, or in the bookdrop after hours.
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REPORT TO COUNTY COUNCIL
FROM: Mark G. McDonald, Chief Administrative Officer
DATE: April 18, 2012
SUBJECT: Revised Code of Conduct
INTRODUCTION:
At its February meeting Council directed staff to engage the assistance of a legal expert
to revise its Code of Conduct. Council further directed that local municipal councils be
invited to hear a presentation on the Code by the author. Attached you will find the
revised Code of Conduct as well as several related appendices on Workplace
Harassment, Civil Workplace Interactions and Violence in the Workplace for your
consideration.
DISCUSSION:
Once the revised Code and appended policies are approved, Council should consider
the appointment of an Integrity Commissioner to oversee any complaints that may arise
relative to the policy’s implementation. It should be emphasized that the Integrity
Commissioner would only be involved with potential code violations and would not
adjudicate any of the Workplace policies attached. However, it is important to note that
there is overlap and an interrelationship.
CONCLUSION:
Council’s Code of Conduct has now been revised and updated to reflect current
legislative requirements and relevant case law.
RECOMMENDATION:
THAT the attached Code of Conduct (Policy 2.100) and appended policies on Workplace
Harassment and Discrimination (Policy 2.80), Commitment to a Civil Workplace
Environment and Workplace Interactions (Policy 2.80.1) and Violence in the Workplace
(Policy 2.110) be approved; and,
THAT staff be directed to prepare a report on the appointment of an Integrity
Commissioner for consideration by Council.
All of which is Respectfully Submitted
Mark G. McDonald
Chief Administrative Officer
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Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 1 of 16 Date Revised:
May 2012
Date Last Revised:
Code of Conduct for Members of Municipal Council and, where applicable, Council’s
Local Board and Committee Members (herein after referred to as "Members")
Preamble:
Members have important obligations and responsibilities to those they represent, service
and interact with in connection with carrying out the roles and duties attending a Member's
office. A Member's conduct and behavior in terms of ethics and interpersonal conduct
and communications are regulated by legislative acts including the Municipal Act, the
Public Inquiry Act, the Occupational Health and Safety Act, the Ontario Human Rights
Code,Freedom of Information and Protection of Privacy Act, and the Municipal Conflict of
Interest Act.
The purpose and intent of this Code of Conduct is a follows:
(i) To establish guidelines for ethical conduct required of Members;
(ii) To establish guidelines to encourage and ensure interpersonal conduct
communications and interactions consistent with legal requirements (i.e.
Occupational Health and Safety Act, Ontario Human Rights Code);
(iii) To provide mechanisms to ensure accountability and compliance with the
required ethical and interpersonal conduct standards of this Code of Conduct.
A.GENERAL STANDARDS OF CONDUCT
1. Members shall conduct themselves at all times in a manner that:
(i) Is consistent with and advances the interests of the community they serve;
(ii) Is consistent with the well-being and interests of the Municipality;
(iii) Is consistent with the Municipality's interest in transparency and accountability;
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Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 2 of 16 Date Revised:
May 2012
Date Last Revised:
(iv) Reflects a diligent and impartial exercise of the office held to the best of the
Member's knowledge and ability;
(v) Reflect the Member's adherence to obligations in connection with avoidance of
conflicts of interest;
(vi) Is consistent with the legal deliverables governing interpersonal interactions (i.e.
civil and respectful, free from harassment or discrimination, free from violence or
the threat of violence).
B.ETHICAL BEHAVIOUR: CONDUCT REQUIREMENTS
1. Foster Respect for Decision-making Process
All Members 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. Strict Adherence to Obligations Regarding Avoiding Conflict of Interest
Members have strict obligations to avoid conflicts of interest by taking the following steps
whenever a member has a direct or indirect pecuniary interest in any matter that is before
Council in a meeting where the member is present:
(i) disclose the general nature of the member's interest prior to any consideration of the
matter in the meeting;
(ii) refrain from participating in the discussion of the matter or in any vote on the matter;
(iii) refrain from attempting to influence the voting on the matter or question, before, during
or after the meeting.
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Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 3 of 16 Date Revised:
May 2012
Date Last Revised:
All members have important ethical and statutory obligations to adhere to the steps outlined
above to ensure avoidance of any conflict of interest in connection with carrying out the
obligations of the Member's office.
While the Integrity Commissioner may provide general interpretation of the Municipal
Conflict of Interest Act (MCIA), it is expected that members seek independent legal advice
on a specific question of individual compliance with the Act.
3. Release of Confidential Information Prohibited
Members have a duty to hold in strict confidence all information concerning matters dealt
with at In-Camera meetings. Members 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 shall not release information in contravention of the provisions of the Municipal
Freedom of Information and Protection of Privacy Act.
Members shall not release information subject to solicitor-client privilege, unless expressly
authorized by Council or required by law to do so.
Members shall not misuse confidential information (information that they have knowledge of
by virtue of their position as Councillor, Board or Committee Member is not in the public
domain, including e-mails and correspondence from other Members of Council, Board or
Committee Member or third parties) such that it may cause detriment to the Corporation,
Council or others, or benefit or detriment to themselves or others.
4. Release of Information to Public and Media
Members 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 Warden as Head of Council or by his or her designate.
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Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 4 of 16 Date Revised:
May 2012
Date Last Revised:
5. Acceptance of Gifts Prohibited
The stipend paid to each Member of Council and Council’s Local Board and Committee
Members is intended to fully remunerate Members for service to the Corporation. Members
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 are not precluded from accepting:
(a) personal gifts, normal hospitality among persons doing business, 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 beverages 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, mementos 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 shall return any gifts or benefits which exceed these limits, along with an
explanation why the gifts or benefits cannot be accepted.
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Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 5 of 16 Date Revised:
May 2012
Date Last Revised:
6. Engaging in Incompatible Activity Prohibited
Members 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 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 services 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 public for any purpose other than for official duties;
(e) place themselves in a position of obligation to any person or organization which
might reasonably 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.
7. Avoidance of Waste
Members shall avoid waste, abuse and extravagance in the provision of use of public
resources, and shall expose fraud and corruption of which the Member of Council and
Council’s Local Board and Committee Memberis aware.
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Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 6 of 16 Date Revised:
May 2012
Date Last Revised:
C.INTERPERSONAL CONDUCT AND COMMUNICATIONS: REQUIREMENTS
General:
Members have important legal responsibilities and accountabilities in connection with the
tone and substance of interpersonal interactions, conduct or communications pursued in
the context of carrying out the activity attending a Member's office.
The purpose of this section of the Code of Conduct and the appendiced policies is to
ensure that Members governed by this Code of Conduct understand and comply with
standards of conduct required at law in terms of their interpersonal interactions,
communications and conduct. (
Policies appendiced: Appendix A - Workplace Harassment and
Discrimination Policy; Appendix B - Commitment to a Civil Workplace Environment and Workplace
)
Interactions Policy; Appendix C- Violence in the Workplace Policy
The Municipal Corporation and Members, as agents of the Municipal Corporation share
important obligations for ensuring compliance with required standards of interpersonal
conduct and interactions. A failure to adhere to the required Standards of Conduct can
expose both the Municipality, the County, and individual Members to potential liabilities.
Human Rights Guarantees:
I The Obligation to Treat Every Person with Dignity,
Understanding and Respect and Avoid Harassment and Discrimination
TheOntario Human Rights Code extends equality rights guarantees in the context of
employment and the delivery of services. A Municipal Government is both an employer
and service provider. As a result the interactions and conduct of Members governed by
thisCode of Conduct generally occur in the context of providing services or interacting with
employees.
In connection with such interactions, Members have a legal obligation to ensure adherence
to equality rights guarantees. Members have an obligation to ensure that all individuals
dealt with are treated with dignity and respect, and not exposed to harassment or
discrimination as prohibited by the Human Rights Code.
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Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 7 of 16 Date Revised:
May 2012
Date Last Revised:
As a Member your obligations in this regard extend to anyone you deal with in the context
of employment or delivery of services; including but not necessarily limited to the following:
other Members of Council, Committee Members, Local Board Members, Corporate
Employees, individuals providing services, contractors, students, the public.
(i)Not to Discriminate
In compliance with the Human Rights Code, Members 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, martial status, same-sex partnership
status, family status, or disability, “age”, “disability”, “family status”, “record of offences”,
“same-sex partnership status” shall be as defined in the Human Rights Code.
(ii)Not to Engage in Harassment
In accordance with the Human Rights Code, Members shall not expose anyone to conduct
representing harassment. Harassment includes engaging in a course of vexatious
comment or conduct that is known or ought reasonably to be known to be unwelcome.
Without limiting the generality of the definition of "harassment", Members 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;
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Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 8 of 16 Date Revised:
May 2012
Date Last Revised:
(g) make unwelcome remarks, jokes, innuendoes 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, martial 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 is subject to this policy and appendiced policies.
Personal and Psychological Harassment: OHSA
II
General:Prohibition of Psychological and Personal Harassment
Health and Safety Legislation has identified and prohibited the potential health risk of
"personal harassment" or "psychological harassment" in workplaces. Members must
ensure that their interactions and personal communications and conduct are constructive,
civil and respectful; devoid of any content or tone that would constitute "personal
harassment"or "psychological harassment".
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Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 9 of 16 Date Revised:
May 2012
Date Last Revised:
(i) Avoid Personal or Psychological Harassment
Personal and Psychological Harassment includes unwelcome words and/or actions that are
known or should have been known to be embarrassing, humiliating or demeaning. Such
conduct can include but is not limited to the following:
remarks, jokes, comments, innuendo that demean, ridicule, intimidate or offend;
bullying;
repeated offensive or intimidating phone calls, e-mails, verbal outbursts;
yelling and screaming, rude demeaning remarks;
volatile displays of temper or anger;
exposing people to foul, abusive or obscene language.
Members are required to ensure that they interact and communicate in a manner that is
respectful and consistent with the well being of those they deal with. Members must
ensure that their interactions communications are free of any conduct that would be
consideredpersonal or psychological harassment. (
Note: See Policies - Appendix A -
Workplace Harassment and Discrimination Policy; Appendix B - Commitment to a Civil Workplace
)
Environment and Workplace Interactions Policy; Appendix C- Violence in the Workplace Policy
Prohibition of Violence
III
General: Obligation to Avoid any Conduct Representing Violence or a Threat of
Violence to a Worker
Health and Safety Legislation has introduced serious and significant obligations to ensure
the removal of the risk of violence and threat of violence in Ontario workplaces. Members
must ensure that they avoid any interactions, communications or conduct with employees
that would constitute "Workplace Violence". Municipal employees have significant rights
and recourse if exposed to any threat of violence or act of violence in connection with work
or work related activity; including conduct by or interactions with Members of Council,
Council's Local Board or Committee Members.
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Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 10 of 16 Date Revised:
May 2012
Date Last Revised:
(i) Avoid Violence or Conduct Constituting a Threat of Violence
Workplace violence is defined as the exercise of physical force by a person against a
worker in a workplace that causes or could cause physical injury to the worker. To
appreciate the broad nature of the definition of violence, it is important to understand that
violence includes the following:
an attempt to exercise force that could cause physical injury (Note: does not
have to cause injury);
a statement or behaviour that could reasonably be interpreted as a threat to
exercise physical force (Note: verbal threats will constitute violence).
Examples:
a verbal threat, attack or physical conduct
threatening notes, e-mails, voice mails communications
shaking a fist or other threatening physical gestures
wielding an object as a weapon at an individual
Members are required to ensure that they avoid any interactions, conduct, communications,
or gestures that would constitute a threat of violence or violence. (See Appendix 3,
Violence in the Workplace Policy).
D.COMPLIANCE / ACCOUNTABILITY / ENFORCEMENT
General:
The County has important obligations and interests in ensuring compliance with the ethical
and interpersonal conduct standards required of Members by this Code of Conduct.
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Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
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Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 11 of 16 Date Revised:
May 2012
Date Last Revised:
The County has an interest and obligation to respond to all allegations, complaints or
incidents of alleged conduct inconsistent with the standards outlined in this Code of
Conduct (and appendiced policies) in a manner consistent with the interests and legal
obligations of the County.
The County recognizes that the County and the Members have a mutual interest in
providing and encouraging access to compliance/enforcement mechanisms in connection
with the conduct required by this Code that deliver objective, independent, skilled and
efficient determinations in connection with alleged misconduct by any Member.
The County shall appoint an Integrity Commissioner pursuant to Section 223.3(1) of the
Municipal Act to inquire into and determine any alleged non-compliance with the standards
of conduct defined in the Code of Conduct by a Member.
(Note #1: The referral of alleged breaches of the Code of Conduct to the Integrity
Commissioner under this Code does not preclude the rights of potential
claimants/complainants at law or pursuant to County policies.)
(Note #2: See Appendix 2 for duties of Integrity Commissioner)
In all circumstances where the County becomes aware of an allegation that a Member has
engaged in any prohibited activity or breached any standard of conduct outlined in this
Code of Conduct, whether by informal communications or formal complaints, the matter will
be addressed as follows:
(i) The “informal” complaint procedure attached as Appendix 1 may be followed but
is not mandatory;
(ii) Any issue of non-compliance with the Code of Conduct shall be referred to the
Integrity Commissioner through the Complaint Protocol attached as Appendix 3;
(iii) The Integrity Commissioner shall conduct an Inquiry to determine whether the
Member has engaged in conduct in contravention of the Code of Conduct;
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Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
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Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 12 of 16 Date Revised:
May 2012
Date Last Revised:
(iv) In planning and pursuing the relevant inquiry the Integrity Commissioner may
proceed consistent with the procedural aspects of any policies addressing the
subject of the alleged infringement and exercise his/her powers under Section 33
and Section 34 of the Public Inquiries Act;
(v) The inquiry pursued by the Integrity Commissioner shall be an independent
inquiry; independent of the County or any of its agents, employees or members;
(vi) Where the Integrity Commissioner determines that he/she has reasonable
grounds to believe that there has been a contravention of any other act or the
Criminal Code, the Integrity Commissioner shall refer the matter to the
appropriate authority; suspend his/her inquiry and report the suspension to
Council. In these circumstances Council will pursue the necessary steps to
ensure that the matter is addressed consistent with the County's obligations at
law and any relevant County policies;
(vii) Where the Integrity Commissioner completes an inquiry and determination of the
matter, he/she shall prepare a written report of his/her findings as to whether a
Member has contravened the Code of Conduct. Where a contravention of the
Code is substantiated, the Report shall disclose the Penalty determined by the
Integrity Commissioner. In preparing the report, the Integrity Commissioner may
disclose such matters as are necessary for the reporting to Council. The Report
shall be delivered to Council;
(viii) Where the Integrity Commissioner determines that a Member has contravened
theCode of Conduct, the Integrity Commissioner shall determine the penalty;
such penalty shall be within the remedial parameters defined in the Municipal
Act;
Penalties:
(viiii) Where a Member is found to have breached any standard of conduct
required by the Code of Conduct, the penalty will be determined by the Integrity
Commissioner. In determining the penalty the Integrity Commissioner shall take
into consideration the nature and degree of the current breach of the Code and
any prior non-compliance with the Code of Conduct by the Member.
109
Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 13 of 16 Date Revised:
May 2012
Date Last Revised:
Penalties imposed in connection with breaches of the Code of Conduct pursuant to the
Code may include:
1. A written reprimand; and or;
2. Suspension of remuneration paid to a Member with respect to services up to 90-
days; and or;
3. Censure including removal from appointed Committees, Boards and/or liaison
roles.
Refusal To Conduct Investigation
(1) If the Integrity Commissioner is of the opinion that the referral of a matter to him or
her is frivolous, vexatious or not made in good faith, or that there are no grounds or
insufficient grounds for an investigation, the Integrity Commissioner shall not
conduct an investigation, or, where that becomes apparent in the course of an
investigation, terminate the investigation.
(2) Complaints referred that are repetitious in nature, not germane to the Code of
Conduct in the opinion of the Integrity Commissioner, deemed frivolous and
without substance in the opinion of the Integrity Officer, OR, where the complaint is
deemed vexatious in the opinion of the Integrity Commissioner, complaints shall
not be advanced to an investigation stage.
(3) Other than in exceptional circumstances, the Integrity Commissioner will not report
to Council or a local board (restricted definition) on any complaint described in
subsections (1) and (2) except as part of an annual or other periodic report.
110
Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 14 of 16 Date Revised:
May 2012
Date Last Revised:
E.OTHER COMPLAINCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO
THE INTEGRITY COMMISSIONER
While the County encourages complainants, Members and all parties to access and
support the use of the Integrity Commissioner as the means of addressing any issues of
non-compliance with the Code of Conduct by Members, the County has an obligation and
commitment to support complainants or potential complainants access to the following
processes in connection with allegations of prohibited activity, conduct or communications.
1. Complaints of Harassment (), Discrimination, Violence by
Code or Personal
Employees, Members of Council
Access to the procedures committed to in the County's relevant Policies (i.e.
informal resolution, mediation, complaint procedures);
Complainants also have a right to file complaints with the Ontario Human Rights
Tribunal (in connection with human rights allegations) and complaints with the
Ministry of Labour (in connection with allegations of violence, threats of violence
or personal harassment).
2. Complaints Regarding Allegations of Conduct Regulated by the Criminal Code
Complaints can be directed to the Elgin County Detachment of the Ontario
Provincial Policy to pursue an investigation under Section 122 of the Criminal
Code of Canada where allegations of fraud or breach of trust are made in
connection with a Member carrying out the duties of the office;
Complaints can be directed to the Elgin County Detachment of the Ontario
Provincial Policy to pursue an investigation under Section 122 of the Criminal
Code of Canada regarding allegations of a Member's involvement in demands for,
acceptance of, offering or agreement to accept a loan, reward, benefit or other
advantage from any person, in connection with the performance of the duties of
the Member in the office;
111
Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 15 of 16 Date Revised:
May 2012
Date Last Revised:
3. Complainant’s Direct Dealings with Members in Connection with Concerns of
Non-Compliance with the
Code of Conduct
Any person who believes that a Member has infringed any standard under this
Code of Conduct can advise the Member of the concern directly (verbally or in
writing) that their activity infringes the Code of Conduct;
Such person (complainant) may directly encourage the Member to stop the
offending activity;
Such person (complainant) should keep a record of the incident, including date,
time, location, persons present and any other relevant information.
F.JUDICIAL INVESTIGATION
In circumstances where liability is denied and the alleged misconduct is serious in nature,
Council may pass a resolution, pursuant to s. 274(1) of the Municipal Act, requesting a
judicial investigation into the Member of Council, or Council’s Local Board or Committee
Member’s conduct.
SUMMARY
The County and all Members of Council share an important interest and responsibility in
ensuring that the standards of conduct required under this Code of Conduct are
understood, maintained and where necessary enforced by holding Members accountable.
The standards reflect the ethical and legal context in which the County and Members must
deliver services to the community served by the Council and Members.
112
2
County of Elgin Section:
Code of Conduct for
Human Resources Policy Manual Subject:
Members of Municipal Council
And Council’s Local Board and
Committee Members (hereinafter
referred to as "Members")
2.100
Policy Number:
NU/LJan. 20, 2004
Code - Date Approved:
Nov. 13, 2007
Page 16 of 16 Date Revised:
May 2012
Date Last Revised:
Deviations from the standards of conduct outlined in this Code of Conduct leave the
County, Council and individual Members exposed to the following:
Reputational risk;
Loss of credibility in the community;
Risks of significant liabilities.
All Members of Council are expected to be knowledgeable of the contents of this Code of
Conduct and of the appendiced County Policies, and to adhere to the standards of conduct
defined in the Code of Conduct and Policies.
113
Appendix 1
INFORMAL COMPLAINT PROCEDURE
Individuals (for example, Municipal employees, members of the public, members
of Council or local boards (restricted definition), or organizations (including local
boards (restricted definition) who have identified or witnessed behaviour or an
activity by a member of Council or a local board (restricted definition) that they
believe is in contravention of the Code of Conduct for Members of Council and
Local Boards (Restricted Definition) the “Code of Conduct” would address the
prohibited behaviour or activity themselves as follows:
(1) advise the member that the behaviour or activity contravenes the Code
of Conduct;
(2) encourage the member to stop the prohibited behaviour or activity;
(3) keep a written record of the incidents including dates, times, locations,
other persons present, and any other relevant information;
(4) tell someone else (for example, a senior staff member or an officer of the
organization) about your concerns, your comments to the member and
the response of the member;
(5) if applicable, confirm to the member’s satisfaction with the response of
the member; or, if applicable, advise the member of your dissatisfaction
with the response; and,
(6) consider the need to pursue the matter in accordance with the formal
complaint procedure outlined in Part B, or in accordance with another
applicable judicial or quasi-judicial process or complaint procedure.
Individuals and organizations are encouraged to initially pursue this informal
complaint procedure as a means of stopping and remedying a behaviour or
activity that is prohibited by the Code of Conduct. With the consent of the
complaining individual or organization and the member, the Integrity
Commissioner may be part of any informal process. However, it is not a
precondition or a prerequisite that those complaining pursue the informal
complaint procedure prior to pursing the formal complaint procedure.
114
Appendix 2
DUTIES OF A MUNICIPAL INTEGRITY COMMISSIONER
The duties of Municipal Integrity Commissioner within present Municipal authority
should be as follows:
(1)Advisory: providing written and oral advice to individual members of
Council about their own situation respecting the Code of Conduct and
other by-laws/policies governing the ethical behaviour or members,
including general interpretation of the Municipal Conflict of Interest Act;
and, providing the full Council with specific and general opinions and
advice respecting compliance by elected officials with the provisions of
governing Acts, and other Conduct (Code of Conduct) policies;
(2)Complaint Investigation: having the power to assess and investigate
complaints to the Integrity Commissioner from a member of
Council/public/staff, or the whole Council;
(3)Complaint Adjudication: determining whether a member of Council has
in fact violated the Code of Conduct a Municipality protocol, by-law or
policy governing their ethical behaviour; and,
(4)Educational: providing to the Municipal Clerk an annual report on
findings of typical advice and complaint cases; providing outreach
programs to members of Council and staff on legislation, protocols,
and office procedures emphasizing the importance of Conduct for public
confidence in municipal government; and disseminating information
available to the public on the Municipality’s website.
The advisory and educational roles of the Municipal Integrity Commissioner shall
be undertaken with some established limits.For example, in order to eliminate
duplicate requests for advice on the same matter, the Integrity Commissioner will
not be able to provide advice to a Council member on matters under
consideration or being investigated elsewhere. It is likely that the Integrity
Commissioner will receive requests for advice on matters involving compliance
with the Municipal Conflict of Interest Act (the “MCIA”). While the Integrity
Commissioner may provide general interpretation of the MCIA, it is expected that
members seek independent legal advice on a specific question of individual
compliance with the MCIA.
Therefore the Municipal Integrity Commissioner function shall be established to
provide independent complaint prevention, investigation, adjudication, resolution,
advice, opinion and education respecting the adherence of the Code of Conduct
for Members of Council and other by-laws/policies governing the ethical
behaviour.
115
Appendix 3
COMPLAINT PROTOCOL
(1) Any member of Council, staff or the public that believes they have
experienced or witnessed conduct in contravention with the Code of
Conduct may file a complaint and request an investigation.
(2) All complaints shall be in writing and signed by an identifiable
individual.
(3) A complaint shall set out reasonable and probable grounds for the
allegation that the member as contravened the Code of Conduct and
include a support affidavit that sets out the evidence in support of the
complaint.
(4) The complaint protocol information package shall be available at the
County Clerk’s office.
116
2
County of Elgin APPENDIX A Section:
Workplace Harassment
Human Resources Policy Manual Subject:
and Discrimination Policy
2.80
Policy Number:
ASept. 26/95
Code - Date Approved:
May 2012
Page 1 of 8 Date Last Revision:
WORKPLACE HARASSMENT POLICY
THE COUNTY OF ELGIN’S COMMITMENT
The County of Elgin’s policy is that individuals will be free from harassment on the basis of age,
sex, race, colour, religion, creed, national origin, citizenship, language, marital status, family status,
pregnancy/childbirth, sexual orientation, disability/handicap, political belief or any other prohibited
ground of discrimination. This policy also includes the right to freedom from sexual harassment.
The County of Elgin is committed to providing a work environment that is free of harassment
and discrimination. The County of Elgin will not tolerate any form of harassment or
discrimination and will take all steps necessary to ensure that employees are not subject to
members of County council,
harassment or discrimination; be it from other employees,
managers, supervisors, clients or any contacts made in the course of their duties.
1.0 OBJECTIVES
The County of Elgin's policy and resolution procedures have been developed to accomplish the
following:
create and maintain a working environment free from harassment and discrimination;
set out the types of behaviour that may be considered offensive;
ensure the prevention of harassment and discrimination by and against our employees; and
establish impartial, effective and confidential procedures to resolve concerns of harassment
and discrimination.
2.0 DEFINING THE PROHIBITED CONDUCT
The Ontario Human Rights Code guarantees employees the right to employment in a workplace
free from harassment and discrimination based on race, ancestry, place of origin, ethnic origin
colour, citizenship, creed, age, record of offences, marital status, family status, disability, sex,
sexual orientation.
117
2
County of Elgin APPENDIX A Section:
Workplace Harassment
Human Resources Policy Manual Subject:
and Discrimination Policy
2.80
Policy Number:
ASept. 26/95
Code - Date Approved:
May 2012
Page 2 of 8 Date Last Revision:
2.1 What is Discrimination?
Discrimination is differential treatment in employment or denial of employment opportunities
based on any of the prohibited grounds of the Code. Discrimination does not have to be
intentional. Discrimination can result from practices and policies that appear to be neutral, but in
reality have a negative effect on groups or individuals because of their sex, race, religion, etc.
2.2 What is Harassment?
Objectionable conduct that may have the effect of creating an intimidating, hostile or offensive
work environment, interfering with an individual's work performance, adversely affecting an
individual's employment relationship and/or denying an individual dignity and respect.
Harassment is defined as a course of vexatious (offensive, demeaning) comments or conduct
on the part of one individual or group of individuals towards another or on any of the prohibited
grounds under the Code.
It includes deliberate or intentional gestures, comments, slurs, questions, representations or
other behaviours that ought reasonably to be known by the harasser to be unwelcome.
2.3 What is Sexual Harassment?
Sexual harassment is any unsolicited conduct, comment or physical contact of a sexual nature
that is unwelcome to the recipient. It includes any unwelcome sexual advances (oral, written or
physical), requests for sexual favours, sexual and sexist jokes, and the display of degrading or
offensive material. When:
(a) such conduct might reasonably be expected to cause insecurity, discomfort, offence
or humiliation to another person; or
(b) such conduct has the purpose or effect of interfering with a person's work
performance or creating an intimidating, hostile or offensive work environment; or
(c) submissions to such conduct is made either implicitly or explicitly a condition of
employment; or
(d) submission to or rejection of such conduct is used as a basis for any employment
decision (including, but not limited to, job security, promotion, change in salary and
benefits).
118
2
County of Elgin APPENDIX A Section:
Workplace Harassment
Human Resources Policy Manual Subject:
and Discrimination Policy
2.80
Policy Number:
ASept. 26/95
Code - Date Approved:
May 2012
Page 3 of 8 Date Last Revision:
Which can further be defined as:
unwanted sexual advances including derogatory comments, gestures, looks,
unnecessary/unwanted physical contact, jokes, slurs, derogatory or demeaning posters,
cartoons, graffiti, drawings or display of sexually suggestive pictures;
implied or expressed promises of reward or benefit for complying with a sexually oriented
request;
implied or expressed threats of reprisal in the form of either actual reprisal or denial of
opportunity for refusal to comply with a sexually oriented request; or
sexually oriented conduct which becomes or is implied to be a term or condition of
employment, is used as a basis for employment, is used as a basis for employment
decisions, or has the effect of interfering with work performance.
2.4 Other Forms of Harassment
Unwanted actions, derogatory comments, jokes, slurs, derogatory or demeaning posters,
cartoons, graffiti, drawing, e-mails, innuendoes or taunting about or motivated by a person's
race, colour, citizenship, national origin, age, religion, creed, language, marital status, family
status, pregnancy/childbirth, sexual orientation, disability/handicap, political belief or any other
prohibited ground of discrimination.
2.5 Poisoned or Hostile Work Environment
Furthermore, jokes, offensive literature (for example, pinups), derogatory comments or other
activities based on sex or racial characteristics that intrude upon a person's dignity or that create
an intimidating, hostile or offensive atmosphere constitute what is referred to as a poisoned or
hostile work environment. A poisoned or hostile environment is a form of harassment and is
also prohibited by law.
Harassment may occur as a single encounter or a series of incidents, persistent innuendoes or
threats. Behaviour constituting harassment is often a matter of perception and interpretation.
Tolerance for what is considered acceptable behaviour may vary widely among individuals. As
a general rule, harassment is considered to have taken place if a person knows or ought
reasonably to know that behaviour is unwelcome.
119
2
County of Elgin APPENDIX A Section:
Workplace Harassment
Human Resources Policy Manual Subject:
and Discrimination Policy
2.80
Policy Number:
ASept. 26/95
Code - Date Approved:
May 2012
Page 4 of 8 Date Last Revision:
Workplace is any place where business or work-related activities are carried out. It includes, but
is not limited to, the office, office-related social functions, work assignments outside of the office,
work-related travel, and work-related conferences or training sessions.
3.0 RESPONSIBILITIES FOR ENSURING A WORKPLACE FREE FROM HARASSMENT
AND DISCRIMINATION: ALL MEMBERS OF THE WORKPLACE COMMUNITY SHARE IN
THIS RESPONSIBILITY
3.1, Managers, Supervisors and Union Representatives
Members of County Council
These individuals are responsible for creating and maintaining a workplace free of harassment
and discrimination and for promoting a positive work environment by:
1. Understanding and upholding the principles of this policy;
2. Setting a personal example of conduct consistent with this policy;
3. Ensuring that employees are informed of the company's policy and procedures for
dealing with concerns of harassment;
4. Responding to any concern or issues of harassment that comes to their attention, treating
it as a serious matter and supporting a resolution;
5. Confer with human resources with respect to the proper process for handling the
situation;
6. Not allowing or condoning behaviour contrary to this policy; responding to any and all
conduct that comes to your attention; and
7. To the extent possible, maintaining confidentiality with respect to the concerns they are
involved in resolving.
3.2Employees
each employee is responsible for ensuring adherence to the spirit and intent of this policy;
employees are responsible for understanding and avoiding any offensive, unwelcome
comments or conduct that would constitute harassment, sexual harassment or discrimination
under this policy;
120
2
County of Elgin APPENDIX A Section:
Workplace Harassment
Human Resources Policy Manual Subject:
and Discrimination Policy
2.80
Policy Number:
ASept. 26/95
Code - Date Approved:
May 2012
Page 5 of 8 Date Last Revision:
employees are encouraged to communicate to co-workers when they are exposed to
conduct or comments that are unwanted and objectionable harassment as defined by this
policy;
all employees are requested to discourage their co-workers from persisting with comments,
discussions and conduct that are inconsistent with the spirit of this policy.
4.0 PROCEDURES FOR RESOLVING HARASSMENT AND DISCRIMINATION
CONCERNS
Resolution of harassment means the conduct doesn't occur in the work environment, or in the
alternative, ceases immediately. Prompt and clear communication of the fact that the conduct is
objectionable and must stop supports the most effective resolution. Any employee who believes
he/she has been subjected to harassment should promptly pursue any of the following steps
and strategies to resolve the issues:
4.1 Self-Help by the Employee
you are encouraged to communicate your disapproval to the individual whose conduct or
comments are offensive - ask them to stop;
employees who are advised that their comments or conduct are unwanted and offensive are
expected to cease such behaviour immediately;
if the conduct doesn't stop, seek the assistance of supervisors, union representatives or
human resources;
if the conduct doesn't stop, keep a written record of the date, times and details of the
conduct and your efforts to stop it.
4.2 Informal Resolution Supports: Third Party Intervention by Supervisors or Union
Representatives
Not all employees will be comfortable with using self-help to resolve harassment concerns.
Employees are encouraged to seek the assistance of supervisors, union representatives or
managers to assist them in informally resolving harassment concerns and stopping the
objectionable conduct. Managers, supervisors and union representatives have been trained to
and are committed to supporting you in confidentially and informally resolving such concerns.
121
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County of Elgin APPENDIX A Section:
Workplace Harassment
Human Resources Policy Manual Subject:
and Discrimination Policy
2.80
Policy Number:
ASept. 26/95
Code - Date Approved:
May 2012
Page 6 of 8 Date Last Revision:
As an alternative, you may contact human resources and receive assistance in reviewing the
concern and the options available to resolve the problem.
4.3 Complaint Procedure
Where a harassment concern is not successfully resolved through self-help, or the informal
support of your supervisor or union representative; or where you are comfortable only with a
formal complaint process, you are encouraged to fill out a complaint form and submit it to
human resources.
Should an employee decide to file a formal complaint, he or she should:
(a) set it down in writing (with the assistance of a supervisor, union representative or human
resources, if requested);
(b) sign and file the complaint with the supervisor, union representative or human resources;
(c) co-operate with those responsible for investigating the complaint.
Complaint Investigation Procedure
Where a formal complaint is filed the following steps will occur:
1. an investigation will be initiated and completed promptly; hopefully within 30 days;
2. all individuals who have relevant information with respect to the alleged complaint will be
interviewed and statements taken;
3. every effort will be made to ensure confidentiality to the extent possible;
4. a written report of findings will be prepared at the conclusion of the investigation;
5. the findings will be reviewed with the parties to the complaint;
6. appropriate remedial action will be determined and implemented where there is a finding
of harassment, discrimination or reprisal in violation of this policy.
122
2
County of Elgin APPENDIX A Section:
Workplace Harassment
Human Resources Policy Manual Subject:
and Discrimination Policy
2.80
Policy Number:
ASept. 26/95
Code - Date Approved:
May 2012
Page 7 of 8 Date Last Revision:
Remedial Action
If the investigation substantiates acts of harassment, discrimination or reprisal, corrective action
will be taken.
The objective of the remedial and corrective action is to change behaviour, eliminate
harassment, discrimination or reprisal, and remedy the effects of such policy violations on either
the individual or work environment. Such action may include educational initiatives, counselling
or disciplinary action, including transfers, demotions, suspensions or terminations. Any
disciplinary action will be noted on the offender's personnel file.
5.0 PROHIBITION OF REPRISAL
Any retaliation or reprisal against a person pursuing the resolution of a concern under this
policy, whether informally or through the complaint procedure, or against any individual for co-
operating in the investigation of a complaint is strictly prohibited both at law and under this
policy. Any such conduct will be subject to immediate corrective action.
6.0 CONFIDENTIALITY
It is recognized that the parties to a concern or complaint raised under this policy have a
significant interest in confidentiality. To the extent possible, in both informal resolution
processes and formal complaint processes, all available steps will be taken to ensure
confidentiality.
No record of the complaint will be maintained on the employee file of the complainant. If there is
a finding of harassment that results in disciplinary action, it will be reflected on the employee file
of the harasser, in the same way as any other discipline.
123
Complaint Form
Please complete fully and return to Human Resources.
Name of Complainant: ____________________________________________
Date of Submission: ______________________________________________
Summary of Allegations: (please feel free to attach additional pages if required)
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Remedy Sought: (please feel free to attach additional pages if required)
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
124
2
County of Elgin APPENDIX B Section:
Subject:
Commitment to a
Human Resources Policy Manual
Civil Workplace Environment
and Workplace Interactions
2.80.1
Policy Number:
AOct. 21/03
Code - Date Approved:
May 2012
Page 1 of 3 Date Last Revision:
Our Commitment
The County of Elgin values all members of this workplace community. The County of Elgin
is committed to ensuring that all members of this workplace community experience the
following:
1. A civil and respectful workplace environment.
2. Interactions, communications and dealings with all individuals in the
workplace community that are polite,supportive,civil,constructive and
respectful(including but not limited to co-workers, supervisors, managers,
councillors,etc.).
The County of Elgin is committed to securing, maintaining, enforcing and reinforcing a
workplace environment and workplace communications and interactions that are civil,
respectful and valuing of all members of our workplace community.
Understanding The Standards Of Conduct Required
Acceptable Conduct
All members of the community are to ensure that all communications and interactions are
pursued at all times in a professional,businesslike,respectful and civilmanner, both in
terms of tone and content.
Unacceptable Conduct
All members of the community are to avoid any communications or interactions that as a
result of their content or tone would be offensive,threatening or embarrassing to the
recipient. Conduct that is inconsistent with our commitment to a civil and respectful
workplace includes but is not limited to the following:
Yelling or screaming
Volatile displays of temper or anger
Rude, demeaning and belittling remarks directed at anyone in the
workplace
Directing foul and abusive language to anyone in the workplace.
125
2
County of Elgin APPENDIX B Section:
Subject:
Commitment to a
Human Resources Policy Manual
Civil Workplace Environment
and Workplace Interactions
2.80.1
Policy Number:
AOct. 21/03
Code - Date Approved:
May 2012
Page 2 of 3 Date Last Revision:
The Law
Legal developments require employers to provide a civil and respectful workplace
environment and interaction. The law requires all workplace participants (employees,
supervisors, managers) to contribute to a civil and respectful workplace by ensuring that
your individual dealings and interactions with each other are consistent with the required
standards of conduct. The law prohibits personal harassment, which is conduct that
exposes employees to abusive, hostile, uncivil or disrespectful workplace dealings (yelling,
screaming, belittling, demeaning, berating). Anyone who exposes other members of the
workplace community to personal harassment place themselves at risk in terms of legal
liabilities, including damages and exposes themselves to corrective disciplinary action.
Our Shared Responsibilities as A Workplace Community
We have a mutual interest and shared responsibilities in connection with securing and
maintaining a civil and respectful workplace environment and workplace interactions:
Our Commitment as Employer:
The County of Elgin is committed to ensuring all employees contribute to a civil and
respectful workplace environment by pursuing the following initiatives:
1. Ensuring all members of this community (employees, supervisors, managers,
councillors) understand the standards of conduct expected of them.
2. Empowering you to require respectful and civil treatment by communicating your
expectations in this regard.
3. Reinforcing and enforcing acceptable conduct. Anyone who engages in
communications or conduct falling below the standards discussed herein will expose
themselves to corrective counselling and discipline.
126
2
County of Elgin APPENDIX B Section:
Subject:
Commitment to a
Human Resources Policy Manual
Civil Workplace Environment
and Workplace Interactions
2.80.1
Policy Number:
AOct. 21/03
Code - Date Approved:
May 2012
Page 3 of 3 Date Last Revision:
Responsibilities of Supervisors and Managers:
Given your responsibility for other employees, you are responsible for ensuring the
following:
1. That at all times your dealings with employees and with each other are
conducted in a civil, respectful and professional manner.
2. Taking the necessary steps to ensure that employees conduct themselves in
a manner consistent with our commitment to a civil and respectful workplace.
This includes responding to any incidents of conduct falling below the
standards outlined in this policy that come to your attention.
Responsibilities of Employees:
1. Ensuring that you communicate and interact with your co-workers, managers
and supervisors in a civil, courteous and respectful manner.
2. Communicate to your peers or persons in authority (supervisors and
managers) or human resources any concerns you have of being exposed to
any communications or interactions inconsistent with our commitment to a
civil and respectful workplace.
A civil, respectful and supportive work environment in which all members of this workplace
community feel secure, respected and valued is secured and maintained when we commit
as a community to such an environment.
127
2
County of Elgin APPENDIX C Section:
Violence in the Workplace
Human Resources Policy Manual Subject:
Policy
2.110
Policy Number:
ASept. 12/06
Code - Date Approved:
May 2012
Page 1 of 9 Date Last Revision:
Violence in the Workplace Policy
Purpose
:
The County of Elgin is dedicated to operating at a standard which will establish our County as a
leader in promoting and protecting the health and safety of all employees. The County of Elgin
, harassment-free
is committed to providing a violence-free environment and recognizes that
workplace violence is a health and safety and human resource issue. The County of Elgin is
committed to taking immediate action in the event of any act of violence occurring against any
employee while the employee is carrying out his or her duties on behalf of the County. In
support of the County of Elgin’s policies to provide a safe and healthy working environment, the
and/or
County will provide a framework for handling any incidence of workplace violence
harassment
that may arise.
Policy
:
The County of Elgin will not tolerate any threat, direct or implied (including bullying) or physical
conduct by any person, which results in, or potentially could result in, harm to people, property,
the workplace environment or which creates an intimidating, harassing or hostile workplace.
Definitions
:
Violence:
(for the purpose of this policy) any actual, attempted or threatened conduct of a
person that causes or is likely to cause physical and/or psychological harm/injury/illness or that
gives a person reason to believe that s/he or another person is at risk of physical or
psychological harm/injury/illness, including, but not limited to, any actual or attempted assault
(including sexual assault and physical attacks), threat, verbal, psychological or sexual abuse
and harassment.
Assault
: an intentional application of force to another person, or an attempt or threat by an act
or gesture to apply physical force to another person, without that person’s consent. An assault
may be committed without actually doing bodily harm to another person.
Threat
: a demonstrated intention to cause harm or injury, whether presently or in the future.
Bullying
: interpersonal hostility or aggression that is deliberate, repeated and sufficiently
severe as to place at risk the targeted persons’ health or economic well-being.
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County of Elgin APPENDIX C Section:
Violence in the Workplace
Human Resources Policy Manual Subject:
Policy
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Policy Number:
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Code - Date Approved:
May 2012
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Weapon
: anything used, designed to be used or intended for use in causing injury; anything
used, designed to be used or intended for use for the purpose of threatening or intimidating any
person.
Workplace
: any location where County of Elgin employees are located during work or for work
related reasons, including employer sponsored social activities.
Workplace Violence
: any incident, in which an employee is abused, threatened or assaulted in
a workplace. This includes the application of force with or without weapons and includes acts of
physical or psychological violence, including, but not limited to, bullying, mobbing, teasing,
ridicule, hostile conduct and any other acts or use of words that can be reasonably interpreted
as designed to hurt or isolate a person in the workplace. The violence may come from any
source (e.g. resident, co-worker, contractor, personal relationship, etc.).
Harassmentengaging in a course of vexatious comment or
: (for the purposes of this policy)
conduct against a worker in a workplace - a comment or conduct that is known or ought
reasonably to be known to be unwelcome.
(Harassment based on prohibited grounds as per
the Ontario Human Rights Code is dealt with under the Human Resources Policy 2.80 –
Workplace Harassment and Discrimination).
Roles and Responsibilities of Workplace Parties:
Members of County Council, Supervisors and Managers
:
members of County Council,
All Supervisors and Managers are responsible for ensuring a
, harassment
work environment free from violence or threatened violence. This responsibility
includes actively promoting a positive work environment and intervening when problems occur.
Councillors,
Supervisors’ and Managers’ responsibilities include the following:
Understand and uphold the principles of this policy by following this policy in their dealings
with employees and by setting a good example.
Communicate to employees that you take the issues of workplace conduct and a violence-
free environment seriously.
Do not participate in or ignore violence or potential violence.
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Code - Date Approved:
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Ensure employees are informed of the County’s policy and procedures for dealing with
issues that arise under this policy.
Respond promptly to any issues of violence, potential violence that come to your attention.
Keep personal records of discussions with employees who raise concerns under this policy,
as well as responses to situations.
Report any incidents as per the Human Resource Policy 8.30 Incident and Accident
Reporting.
Investigate and implement corrective actions to minimize potential recurrences.
Ensure employees who are experiencing difficulties and/or are exhibiting behaviours that
may contribute or lead to conduct inconsistent with this policy are aware of and support them
to attend the County of Elgin’s Employee Assistance Program (EAP) or other community
services.
Ensure employees who are exposed to a violent or traumatic situation in the workplace are
aware of and support them to attend the County of Elgin’s Employee Assistance Program
(EAP) or other community services.
Comply with all specific procedures, response plans or other controls that are defined by the
County. Such measures shall be reviewed by the applicable joint health and safety
committee.
Participate in the delivery of any relevant training or educational programs to employees that
the County develops or identifies as assisting in managing and de-escalating crisis situations
that may lead to violence and to establish personal safety measures.
Employees
:
All employees of the County share an important role and responsibility in terms of the
maintenance of a work environment free from violence or threatened violence. Employee
responsibilities include the following:
Ensure adherence to the spirit and intent of this policy.
Understand the definitions of conduct prohibited by this policy and any conduct that falls
within the scope of the behaviour prohibited by this policy.
Do not engage in any behaviours that would constitute workplace violence, including
coercion, bullying, harassment, threatening, intimidation, abuse either physically or verbally
that results in emotional or physical harm to other employees, residents or members of the
public.
Participate and provide input, through the Joint Health & Safety Committee, in regards to the
development of workplace violence procedures, response plans and other controls that are
proposed or implemented to minimize or eliminate the risk.
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Attend education and training sessions offered by the employer regarding workplace
violence.
Report all workplace violence incidents as per the Human Resources policy 8.30 – Incident
and Accident Reporting.
Cooperate and assist with investigations regarding workplace violence incidents.
Seek support and assistance from the County of Elgin’s Employee Assistance Program
(EAP) or other community services when experiencing stress or other personal difficulties
that may contribute to workplace violence.
Seek support and assistance from the County’s EAP or other community service if exposed
to a violent or traumatic situation, if appropriate.
Guidelines for Dealing with Conflict and Aggression
The following are preventative tips for dealing with conflict and aggression. Departmental
policies and procedures may provide additional specific information.
Be alert to situations and early warning signs (crying, pacing, avoidance or excessive eye
contact, challenging behaviours, yelling, etc.).
Try to provide an early resolution before a situation escalates and an incident occurs (e.g.
deal with issues/complaints right away).
Listen to the other person’s entire issue/complaint.
Gather information and determine the reason for the issue/complaint.
Do not downplay or minimize the person’s concern.
Remain calm, speak in a clear, calm and consistent voice.
Maintain normal eye contact – avoid staring.
Do not infringe on the person’s personal space (e.g. do not point in his/her face).
Keep the discussion focused on the issue, not the individual parties.
Identify shared goals and ways to achieve them.
Do not set unrealistic goals or make promises that you may not be able to keep.
Set limits and inform the person that the meeting will only continue if they remain calm –
inappropriate behaviour is not acceptable (refer to the Human Resources policy 2.80.1 –
Commitment to a Civil Workplace Environment and Workplace Interactions).
Take the dispute to a third party if the matter cannot be resolved.
Always remain alert to unsafe situations and react – leave the location if necessary, have
another person accompany you or remain close-by, telephone for assistance, etc.
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Procedures:
General
All members of the workplace community benefit from prompt, efficient and effective resolution of
concerns regarding the quality of the work environment and any concern which may jeopardize a
safe work environment. The County is committed to providing specific resources to support early
reporting and resolution of concerns of workplace violence. Any employee who experiences any
concern in their work environment regarding violence or potential violence at or in the workplace is
encouraged to report their concern immediately, either to management or through a formal
complaint.
PROCEDURES FOR RESOLVING CONCERNS OF VIOLENCE IN THE WORKPLACE
Management Support and Intervention
Any concern about violence or potential violence may be effectively resolved by informal
assistance, support and intervention by management. We encourage you to raise any concern
respecting violence or potential violence at or in your workplace with your supervisor or manager at
any time. In the event that you are not comfortable with raising the concern or issue with your
direct Manager or Supervisor, you are encouraged to seek assistance of any member of
management or Human Resources.
Complaint Process
In the event that informal attempts to resolve concerns of violence or potential violence are
unsuccessful or you identify the concerns as more appropriately dealt with through a formal
complaint process, an investigation shall be initiated in response to the receipt of a written formal
complaint.
Should an employee decide to file a formal complaint, he/she should:
put the complaint in writing
sign and file the complaint with the supervisor/manager or human resources
co-operate with those responsible for investigating the complaint
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Complaint Investigation Procedure
Where a formal complaint is filed the following steps will occur:
an investigation will be initiated and completed promptly;
all individuals who have relevant information with respect to the alleged complaint will be
interviewed and statements taken;
every effort will be made to ensure confidentiality to the extent possible;
a written report will be prepared at the conclusion of the investigation;
the findings will be reviewed with the parties to the complaint;
appropriate remedial action will be determined and implemented where there is a finding of
violence in the workplace
Guidelines for Dealing with Specific Types of Incidents
Guidelines for Dealing with a Verbally Abusive Telephone Call
The following are guidelines for dealing with verbally abusive telephone calls. Departmental
policies and procedures may provide additional specific information.
Inform the caller that abusive language is not acceptable.
Advise the caller that the conversation will be terminated if the abusive language
continues.
Establish written documentation about the incident.
Advise the Supervisor/Manager of the occurrence after the phone call has ended.
If the same caller has made repeated similar calls, advise them that if it continues that the
Police may be notified.
Guidelines for Dealing with Telephone Threats
The following are guidelines for dealing with telephone threats. Departmental policies and
procedures may provide additional specific information.
Obtain as much information from the caller as possible.
Immediately document the conversation as accurately as possible.
Immediately notify a Supervisor/Manager.
Do not discuss the conversation with anyone other than Management.
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Guidelines for Dealing with a Written Threat
The following are guidelines for dealing with a written threat. Departmental policies and
procedures may provide additional specific information.
Do not throw away any part of the written letters or envelopes.
Handle the document(s) as little as possible.
Place the document(s) in a folder or clear protective sleeve to help protect them.
Advise the Supervisor/Manager of the occurrence.
Do not discuss the contents of the written threat with anyone other than Management.
Supervisors/Managers
on receiving reports of activities as listed above:
Record the details of the incident.
Assess the immediate danger and take the appropriate measures to safeguard
employees and facilities.
Notify the Director of Human Resources immediately who will initiate the appropriate
investigations.
The Director of Human Resources will notify the appropriate Police services where
necessary.
Guidelines for a Potential Volatile Situation:
A potentially volatile situation is defined as any verbal threat or gesture to do harm to people,
property, process or the environment. The verbal threat or gesture creates an intimidating,
offensive or hostile environment, and can include the display of uncontrolled behaviours as a
result of emotional upset, anger or mental confusion. In such cases, responsibilities are as
follows:
Employees (including Members of County Council):
Establish a safe location and notify your Supervisor/Manager immediately. Activate EMS
(Emergency Medical Services – by calling 9-1-1) if deemed necessary.
Do not aggravate or allow anyone else to aggravate the situation.
If the person leaves the area, do not detain them. Follow the person safely while on the
County of Elgin’s worksite. Inform your Supervisor/Manager or other department official
of the location of the person.
Follow the direction of your Supervisor/Manager or his/her designate.
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Violence in the Workplace
Human Resources Policy Manual Subject:
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Policy Number:
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Code - Date Approved:
May 2012
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Supervisors/Managers:
Appropriately and safely intervene when you become aware of a potentially volatile
situation.
Assess the immediate danger and take the appropriate measures to safeguard persons
and the facility.
Document the threat.
Notify the next higher level of authority as well as the Director of Human Resources. The
appropriate police services may be notified where necessary.
If the offender is an employee, consider suspending the offender pending the outcome of
the investigation.
In conjunction with the Director of Human Resources conduct an investigation. All parties
are to be interviewed and asked to provide written, signed statements.
Hold a post incident review to ensure procedures were followed and to make
recommendations for improvements; recommend and/or provide appropriate medical
care and or assistance sought through the County’s Employee Assistance Program
(EAP).
Record all details of the incident and submit a thorough report to the Director of Human
Resources and the Chief Administrative Officer in a timely fashion.
Guidelines for a Violent Situation with Immediate Danger:
A violent situation with immediate danger is defined as a highly agitated individual displaying
loud and/or abusive verbal or aggressive physical behaviours; where harm or violent action to
people, property or the environment has already taken place; the presence of any type of
weapon or use of an object as a weapon or; where there is a threat by an individual to do
immediate harm to people, property or the environment.
Employees (including Members of County Countil)
:
Establish a safe location. Activate EMS (Emergency Medical Services – by calling 9-1-1)
if deemed necessary.
Notify your Supervisor/Manager or other County of Elgin official immediately.
Follow the direction of your Supervisor/Manager or other County of Elgin official.
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Policy Number:
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Supervisors/Managers
:
Assess the immediate danger and appropriately and safely intervene when you become
aware of the violent situation with immediate danger.
Notify the appropriate Police services of the situation where necessary.
Coordinate efforts to stabilize the situation – take the appropriate measures to safeguard
persons and the facility.
Document the occurrence details.
Notify the next higher level of authority and the Director of Human Resources.
Once the situation is under control, and if the offender is an employee, consider
suspending the offending employee pending the outcome of an investigation.
In conjunction with the Director of Human Resources conduct an investigation. All parties
are to be interviewed and asked to provide written, signed statements.
Record all details of the incident and submit a thorough report to the Director of Human
Resources and the Chief Administrative Officer in a timely fashion.
Corrective Action:
Where violent or potentially violent conduct is substantiated, contrary to this policy, corrective
action will be taken. Such corrective action will include addressing any relevant issues in the
work environment, addressing the employee who has engaged in the violent behaviour or
conduct contrary to this policy. Corrective action may range from educating individuals on the
inappropriateness of their behaviour, to transfer, demotions, suspensions or termination.
Corrective action may necessitate the need for police services and/or intervention. Criminal
charges may be laid where the police services deem it appropriate.
POLICY REVIEW
This policy will be reviewed on an annual basis by all County Joint Health and Safety Committees,
Management Team and the Chief Administrative Officer. A copy of an updated policy will be
posted in all workplaces.
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COUNTY OF ELGIN
By-Law No. 12-12
“TO AMEND BY-LAW NO. 05-35 BEING A BY-LAW TO AUTHORIZE SPEED LIMITS”
WHEREAS pursuant to Section 128, Subsection 2, of the Highway Traffic Act, being
Chapter H.8, R.S.O. 1990, as amended, the council of a municipality may by by-law
prescribe a different rate of speed for motor vehicles driven on a highway or portion of a
highway under its jurisdiction than is prescribed in Section 128, Subsection 1 (a); and
WHEREAS the County of Elgin did pass By-Law No. 05-35 prescribing different
rates of speed for motor vehicles on certain highways under its jurisdiction; and
WHEREAS it is deemed expedient to amend said By-Law to prescribe a different
rate of speed on certain highways under its jurisdiction.
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
enacts as follows:
1. THAT a reduced speed zone of 60 km/h be established on Pioneer Line (County
Road #2) from the west property line of Currie Road westerly 870 metres; and,
2. THAT the penalties provided in Section 128, Subsection 14, of the Highway Traffic
Act, shall apply to offences against this By-Law.
3. THAT this By-Law becomes effective once signage setting out the speed limit has
been duly posted.
TH
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8 DAY OF
MAY 2012.
Mark G. McDonald, Bill Walters,
Chief Administrative Officer. Warden.
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