17-39 Code of Conduct & Rescind 12-19COUNTY OF ELGIN
By -Law No. 17-39
"BEING A BY-LAW TO ADOPT A CODE OF CONDUCT POLICY
FOR COUNCIL AND LOCAL BOARDS TO PROMOTE ACCOUNTABILITY AND
TRANSPARENCY IN MUNICIPAL GOVERNANCE AND
TO RESCIND BY-LAW 12-19"
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality with the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act; and
WHEREAS Part V.1, Accountability and Transparency, Section 223.2(1) of the
Municipal Act, 2001, c. 25, as amended authorizes a Municipality to establish codes of
conduct for members of council of the Municipality and of local boards of the Municipality;
and
WHEREAS the Council of the Corporation of the County of Elgin previously
deemed it expedient to adopt By -Law 12-19 to establish a Code of Conduct Policy; and
WHEREAS the Council of the Corporation of the County of Elgin deems it
expedient to rescind By -Law 12-19; and
WHEREAS the Council of the Corporation of the County of Elgin deems it further
necessary to adopt a new Code of Conduct Policy reflecting the required ethical and legal
requirements for all members of the Council of the Municipality and of local boards of the
Municipality for all deliveries of services;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin enacts as follows:
THAT a Code of Conduct for Council and Local Boards attached as Schedule "A"
be adopted.
2. THAT By -Law 12-19 hereby be rescinded.
3. THAT in the event that section or sections of this by-law thereof are found by a
Court of competent jurisdiction to be invalid or ultra vires, such section, sections or
parts thereof shall be deemed to be severable, with all other sections or parts of this
by-law remaining in the full force and effect.
4. THAT this by-law shall take effect upon its adoption.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF
NOVEMBER 2017.
Julie Gonyou,
Chief Administrative Officer.
ElginCounty,
By -Law 17-39
Schedule "A"
CODE OF CONDUCT
FOR MEMBERS OF COUNCIL
FOR THE
THE COUNTY OF ELGIN
CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
Table of Contents
PART 1: PREAMBLE: 3
PART2: DEFINITIONS................................................................................................................................3
PART3: APPLICATION...............................................................................................................................4
PART4: PURPOSE.....................................................................................................................................5
PART5: GENERAL DUTIES.........................................................................................................................5
PART6: CONFLICT OF INTEREST................................................................................................................6
PART 7: GIFTS AND PARTICIPATION AT EVENTS.........................................................................................6
PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS and COUNTY STAFF......................................8
PART 9: IMPROPER USE OF INFLUENCE .......................... 9
PART 10: -CONFIDENTIAL INFORMATION...................................................................................................9
PART 11: COMMUNICATIONS AND MEDIA RELATIONS............................................................................10
PART 12: MUNICIPAL ELECTION CAMPAIGNS..........................................................................................10
PART 13: CONDUCT OF FORMER MEMBERS............................................................................... 11
PART 14: USE OF COUNTY PROPERTY......................................................................................................11
PART15: NEPOTISM...............................................................................................................................11
PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER.........................................................................12
PART17: REPRISALS................................................................................................................................12
PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS: ............................................................. 12
18.1 REQUIREMENTS...............................................................................................................12
18.2 MUNICIPAL POLICIES.....................................................................................................................12
PART 19: COMPLIANCE/ACCOUNTABILITY/ENFORCEMENT..................................................................13
PART 20: OTHER COMPLAINCE/EN FO RCEM ENT RIGHTS BEYOND THE REFERRAL TO THE INTEGRITY
COMMISSIONER........................................................................................................................16
PART 21: JUDICIAL INVESTIGATION.........................................................................................................17
PART22: SUMMARY...............................................................................................................................17
COUNCILLOR ACKNOWLEDGEMENT.....................................................................................................22
AppendixA..........................................................................................................................................23
Appendix8........................................................................................................................................... 24
AppendixC...........................................................................................................................................27
AppendixD.......................................................................................................................................... 28
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
PART 1: 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.
The purpose and intent of this Code of Conduct is as 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); and
(iii) To provide mechanisms to ensure accountability and compliance with the
required ethical and interpersonal conduct standards of this Code of Conduct.
PART 2: DEFINITIONS
2.1 "Censure" means an official expression of disapproval or condemnation.
2.2 "Clerk" shall mean an Employee authorized to act as the Clerk of the County.
2.3 "Closed Meeting" shall mean a meeting or part of a meeting of Council not open to
the public in accordance with the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended.
2.4 "Committee" shall mean a Committee established by Council.
2.5 "Complaint" shall mean an alleged violation of this Code.
2.6 "Confidential Information" includes information in the possession of the County
that the County is prohibited from disclosing under the Municipal Freedom of
Information and Protection of Privacy Act, the Personal Health Information
Protection Act, 2004 and other applicable legislation. Confidential Information also
means any information that is of a personal nature to County employees or clients
or information that is not available to the public and that, if disclosed, could result
in loss or damage to the County or could give the person to whom it is disclosed
an advantage. Confidential Information includes items disclosed or discussed at
closed sessions of Council and Committee meetings.
2.7 "Council" shall mean the elected officials who constitute municipal council for the
Corporation of the County of Elgin.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
2.8 "Employee" shall mean a person employed by the County, including those
employed on personal service contracts and volunteers, but does not include
members of Council.
2.9 "Gift" includes any cash or monetary equivalent fee, object of value, service,
forbearance, preferential treatment or personal benefit received from a third party.
2.10 "Good Faith" shall mean accordance with standards of honesty, trust and sincerity
as practiced and understood within the Elgin County community.
2.11 "Integrity Commissioner" shall mean a person appointed by Council to provide
independent and consistent complaint investigation and resolution respecting the
application of the Code of Conduct, and as defined by County of Elgin By -Law No.
21 of 2015 ("Integrity Commissioner By -Law").
2.12 "Immediate Relative" shall mean a parent, child, sister, brother, sister-in-law,
brother-in-law, father-in-law, mother-in-law, as well as step -relationships.
2.13 "Lobby" or "lobby" shall mean to communicate with a member outside of a public
process about matters of interest or benefit to the lobbyist and their client business
organization. Communication may be about a bylaw or resolution on any matter
that requires a decision by Council, a local board, or delegated decision -maker
and includes matters regarding policies or programs, the purchase of goods and
services and the awarding of contracts, applications for a service grant, planning
approval, or other licence.
2.14 "Media" includes any entity such as radio, television, newspaper, magazine,
websites, blogs, social media, twitter feeds or other vehicles for the public
dissemination of information.
2.15 "Member" means any member of Council, and includes the Warden and any member
of the public appointed to a committee or advisory board.
2.16 "Meeting" shall mean any regular, special or other meeting of Council.
2.17 "Pecuniary Interest" shall mean an interest that has a direct or indirect financial
impact or as defined under the Municipal Conflict of Interest Act, as amended.
2.18 "Spouse" shall mean the person to whom a Member is married or with whom the
Member is living in a conjugal relationship.
PART 3: APPLICATION
3.1 This Code of Conduct applies to the Warden, the Deputy Warden and all Members
of Council and members of the public appointed to committees and advisory boards.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
PART 4: PURPOSE
4.1 A Member's conduct and behavior in terms of ethics and interpersonal conduct and
communications are regulated by legislative acts including but not limited to:
a) Criminal Code of Canada;
b) Human Rights Code;
c) Municipal Act, 2001;
d) Municipal Conflict of Interest Act;
e) Municipal Freedom of Information and Protection of Privacy Act;
f) Municipal Elections Act, 1996;
g) Personal Health Information Protection Act, 2004;
h) The Public Inquiry Act; and,
i) The Occupational Health and Safety Act.
PART 5: GENERAL DUTIES
5.1 It shall be the duty of all Members to abide by all applicable legislation, policies
and procedures pertaining to their position as a Member.
5.2 Members shall at all times serve and be seen to serve their constituents in a
conscientious and diligent manner.
5.3 Members will conduct their dealings with each other in ways that maintain public
confidence in the position to which they have been elected or appointed.
Members will be open and honest, focus on issues rather than personalities, and
avoid aggressive, offensive or abusive conduct.
5.4 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.
5.5 Members shall conduct themselves at all Council and Committee Meetings with
decorum, in accordance with the County of Elgin's Procedural By -Law.
5.6 In accordance with the Municipal Act, 2001 and the Municipal Conflict of Interest
Act, every Member shall exercise his or her power and discharge his or her official
duties in accordance with the following guiding principles:
a) Seek to advance the common good of Elgin County;
b) Exercise care, diligence and skill that a reasonably prudent person would
exercise in similar circumstances;
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
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c) Exercise his or her powers only for the purposes for which they were
intended; and,
d) Truly, faithfully and impartially exercise his or her office to the best of his or
her knowledge and ability.
PART 6: CONFLICT OF INTEREST
6.1 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; and,
(iii) refrain from attempting to influence the voting on the matter or question, before,
during or after the meeting.
6.2 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. Each Member must declare the
conflict of interest and general nature thereof verbally at the beginning of each
meeting and provide the Clerk with the signed declaration in accordance with
Appendix D attached.
6.3 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.
6.4 Members shall be responsible for ensuring that they are familiar with the Municipal
Conflict of Interest Act. If, upon review by the Integrity Commissioner, a complaint
is deemed to be a matter covered by the Municipal Conflict of Interest Act, the
Integrity Commissioner shall advise the complainant, with an explanation, in writing,
and an investigation may be conducted in accordance with powers and duties of
integrity commissioner.
PART 7: GIFTS AND PARTICIPATION AT EVENTS
7.1 No Member shall solicit or accept any gift or accept or receive a fee, advance, cash
or personal benefit that is directly or indirectly connected with the performance of
his or her duties of office. For the purposes of this provision any gift provided to a
Member's child, parent or spouse with the Member's knowledge shall be deemed to
be a gift accepted by that Member;
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
7.2 The County recognizes that moderate hospitality and participation in charitable
non-profit fundraising and business events is an accepted facet of community
participation and business relationships. Accordingly, the following types of gifts
are recognized as exceptions to the prohibition in Section 7.1:
a) gifts that are received as an incident of protocol or social obligation that
normally and reasonably accompany the responsibilities of office;
b) token gifts such as souvenirs, mementoes and commemorative gifts that are
given in recognition of service on a committee for speaking at an event or
representing the County at an event;
c) food and beverages consumed at lunches dinners charity fundraisers banquets
receptions ceremonies or similar events if the Member's attendance serves a
legitimate municipal purpose;
d) communications to the offices of a Member including subscriptions to
newspapers and periodicals;
e) compensation authorized by law;
f) political contributions that are offered accepted and reported in accordance
with applicable law;
g) services provided without compensation by persons volunteering their time;
h) gifts of admission to dinner, charity fundraisers, banquets, receptions,
ceremonies, cultural events, sporting events, business galas, political events
and similar events if the Member's attendance serves a legitimate municipal
purpose;
i) reasonable payment for participation in or organizing any reception, dinner,
gala, golf tournament, or similar event to support charitable causes or a
political fundraising event and food, lodging, transportation or entertainment
from a not for profit non-government organization;
7.3 Within 30 days of receipt of any gift described in Section 7.2, Members shall file a
disclosure statement in accordance with the format set forth in Appendix A
attached with the Integrity Commissioner for any gift that exceeds $200 in value.
If the value of any gift described in Section 7.2 exceeds $500 or if the total value of
such gifts received from any one source during one calendar year exceeds $1,000
the Member shall file a disclosure statement with the Integrity Commissioner
within 30 days of the receipt of the gift. Every disclosure statement shall indicate:
Appendix A.
(i) the nature of the gift;
(ii) its source and date of receipt;
(iii) the circumstances under which it was received; and
(iv) its estimated value.
7.4 Every disclosure statement to the Integrity Commissioner and as anticipated in 7.3
above shall be a matter of public record.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
7.5 The Integrity Commissioner shall report to Council annually on all gifts received by
Members that are disclosed in accordance with Section 7.20).
7.6 The Integrity Commissioner shall examine every disclosure statement filed with
him or her to ascertain whether the receipt of the gift might in her or his opinion
create a conflict between a private interest and the public duties of the Member.
7.7 If the Integrity Commissioner makes a preliminary determination of a conflict the
Member shall be asked to justify receipt of the gift.
7.8 If the Integrity Commissioner determines that receipt of the gift was prohibited he
or she shall report the findings to Council.
PART 8: INTERACTION WITH THE PUBLIC OTHER MEMBERS and COUNTY STAFF
8.1 Members have a duty to treat members of the public, each other and staff with
respect and dignity and without abuse, bullying or intimidation;
8.2 Members have a duty to ensure that the County's work environment is safe and
free from discrimination and harassment;
8.3 Members are to recognize that Employees serve Council and work for the municipal
corporation under the direction of the Chief Administrative Officer. Council directs
Employees through its decisions as recorded in the minutes and resolutions of
Council. The role of Employees is to provide advice and services that are based on
political neutrality, objectivity and professional judgment which may not necessarily
reflect the opinion or position of any single Member. Members have no individual
capacity to direct Employees to perform specific functions.
8.4 Inquiries of Employees from Members should be directed to the Chief Administrative
Officer or the appropriate Department Head.
8.5 No Member shall compel Employees to engage in partisan political activities or be
subjected to threats, discipline or discrimination for refusing to engage in any such
activity.
8.6 Members shall show respect for the professional capacities of County Employees.
Some Employees have professional credentials (examples: professional engineer,
registered nurse) which create separate legal and ethical obligations for those
Employees. Members shall refrain from any conduct which may deter, interfere or
unduly influence Employees in such a manner as to result in them violating their
professional legal or ethical obligations.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
8.7 Certain Employees hold positions within the administration of justice. Members
shall refrain from making requests or statements or otherwise taking action which
may be construed as an attempt to influence the independence of staff working
within the administration of justice.
PART 9: IMPROPER USE OF INFLUENCE
9.1 No Member shall use his or her office to seek to influence any decision made or to
be made by Council to the Member's private advantage or to the advantage of
another person.
9.2 No Member shall use his or her office to seek to influence or interfere with the
administration or enforcement of the County's regulatory By -Laws or other laws
enforced by the County. Notwithstanding the foregoing, it is recognized that
Members of Council may in good faith raise the concerns of residents with County
Employees for the purpose of determining if those concerns can be resolved
having due regard for the public interest in fair and impartial By -Law enforcement.
9.3 All applicants for County positions shall have an equal opportunity to obtain such
employment. No Member shall use his or her office to seek to inappropriately
influence the hiring of specific individuals for any position within the County.
9.4 Nothing in this Section prohibits a Member from providing a reference for an
applicant for any position within the County, or offering his or her opinions and
voting on any decision to hire a Chief Administrative Officer.
9.5 No Member shall support any cause or third party using the County's corporate
logo or the County letterhead in any communication intended to solicit funds
without a vote or resolution of County Council.
PART 10: CONFIDENTIAL INFORMATION
10.1 Members shall hold in strict confidence all Confidential Information concerning
matters dealt with in -camera. No Member shall release, make public or in any
way divulge any such Confidential Information or any aspect of the in -camera
deliberations unless expressly authorized by Council or required By-law.
10.2 No Member shall release, make public or in any way divulge any such Confidential
Information acquired by virtue of his or her office unless expressly authorized by
Council or required By -Law. The capacity to release Confidential Information can
only be made by a majority of Council, and no individual member of Council has
authority to waive this privilege.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
10.3 No Member shall use information gained in the execution of his or her office that is
not available to the general public for any purpose other than his or her official
duties.
10.4 No Member shall access or attempt to gain access to Confidential Information in
the custody of the County except to the extent necessary for the performance of
his or her duties as a Member and not prohibited by this Code or any other
statute, By -Law or policy.
10.5 Members are only entitled to Confidential Information in the possession of the
County that is relevant to matters before the Council or Committee. Beyond this
entitlement, Members have the same level of access to information as does any
other citizen.
PART 11: COMMUNICATIONS AND MEDIA RELATIONS
11.1 In order to foster respect for the decision making process of Council, Members
shall fairly and accurately communicate the decisions of Council, even if they
disagree with a majority decision of Council, and/or voted in the minority. Members
may publicly express disagreement with a decision, but are to do so in a respectful
manner.
11.2 In communications with the media, Members shall not indicate, implicitly or
explicitly, that they speak on behalf of Council, unless they have been authorized
to do so by Council.
11.3 Members shall refrain from making disparaging remarks about other Members,
members of the public, Employees or Council's process and decisions.
PART 12: MUNICIPAL ELECTION CAMPAIGNS
12.1 Members of Council are required to comply with the Municipal Elections Act, 1996.
12.2 No Member shall use County property, including the County's logo, for any election
campaign or campaign related activities.
12.3 No Member shall undertake campaign related activities on County owned lands,
with the exception of the permissible use of campaign signs along road allowances,
and in compliance with any local sign By -Laws, as applicable.
12.4 No Member shall use the services of Employees in work for his or her (re)election
during hours in which those Employees are being paid by the County. The
participation of County staff with respect to municipal elections is generally
discouraged.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
PART 13: CONDUCT OF FORMER MEMBERS
13.1 The County shall not hire or award any contract to any former Member for a period
of 12 months from the date the former Member ceased to hold office except where
the former Member is the successful bidder through a quote or tender consistent
with appropriate County policies.
13.2 A former Member may not Lobby the County or any Member for a period of 12
months from the date the former Member ceased to hold office.
PART 14: USE OF COUNTY PROPERTY
14.1 Members may only use County property, including land, facilities, equipment,
supplies, services, staff or other resources (for example, County owned materials,
computers, networks, websites) for activities directly connected with the discharge
of their official County duties or, as appropriate, local municipal duties.
14.2 Occasional or incidental personal use of County computers, phones or similar
devices and communication systems is acceptable, subject to the provisions of the
Municipal Elections Act. Such use may also be subject to the Municipal Freedom
of Information and Protection of Privacy Act.
14.3 No Member shall obtain financial gain from the use or sale of County -developed
intellectual property including inventions, cultural materials, computer programs,
technical innovations, or other items capable of being patented, or copyrighted, as
all such property remains exclusively that of the County.
PART 15: NEPOTISM
15.1 No Member shall attempt to influence the hiring or promotion of a Spouse or
Immediate Relative.
15.2 No Member shall make any decision or participate in the process to hire, transfer,
promote, demote, discipline or terminate a Spouse or Immediate Relative.
15.3 If a Spouse or Immediate Relative of a Member is an applicant for employment
with the County or candidate for promotion or transfer, the Spouse or Immediate
Relative will proceed through the usual selection process with no special
consideration.
15.4 No Member shall place himself or herself in a position where he or she could have
influence over their Spouse or Immediate Relative's employment.
15.5 No Member shall attempt to use a Spouse or Immediate Relative relationship for
financial or other gain.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER
16.1 No Member shall obstruct the Integrity Commissioner in the carrying out of their
responsibilities.
16.2 It is a violation of this Code to obstruct any staff member acting under the
instruction of the Integrity Commissioner in applying or furthering the objectives or
requirements of this Code, in attempting to gather information or data, or in the
general conduct of duties with respect to a Code of Conduct investigation.
16.3 Examples of obstruction under sections 16.1 or 16.2 include the destruction of
documents, the erasure of electronic documents, withholding or concealing the
existence of documents and refusal to respond to inquiries from the Integrity
Commissioner within 15 days of receipt of same.
PART 17: REPRISALS
17.1 No Member shall seek any reprisal or threaten any reprisal against a complainant
or any other person for providing relevant information to the Integrity Commissioner
in the course of inquiry pursuant to a complaint.
PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS:
18.1 REQUIREMENTS
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 of a municipal Councillor.
18.2 MUNICIPAL POLICIES
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 — HR 3.01 — Respectful
Workplace; HR. 3.02 — Adherence to the Ontario Human Rights Code; HR 3.03 —
Workplace Harassment; and HR 3.04 — Workplace Violence
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.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
Human Rights Guarantees: The Obligation to Treat Every Person with Dignity,
Understanding and Respect and Avoid Harassment and Discrimination
The Ontario 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 this Code 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.
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.
PART 19: COMPLIANCE / ACCOUNTABILITY / ENFORCEMENT
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.
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 compliancefenforcement 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 and, when proclaimed, Bill 68 "Modernizing Ontario's Municipal Legislation
Act, 2017" to inquire into and determine any alleged non-compliance with the standards
of conduct defined in the Code of Conduct and to investigate and advise on the (MICA) in
March 2019 and thereafter by a Member.
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
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
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 I 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; (except
as in Complaints Prior to an Election)
(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)
ct,(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. 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. Where a
contravention of the Code is substantiated, Council will impose the Penalty.;
(viii) The municipality shall consider written reports/findings of the Integrity
Commissioner in open session unless otherwise prohibited by another Act eg.
(MFIPPA) or regulation
(ix) Where the Integrity Commissioner determines that a Member has contravened the
Code of Conduct, the Integrity Commissioner shall recommend the penalty; such
penalty shall be within the remedial parameters defined in the Municipal Act,
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
(x) Penalties: 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 Council on
the advice of the Integrity Commissioner. In determining the penalty the Council
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.
(xi) Exception: (Upon proclamation of Bill 68)
Where a Code of Conduct breach is alleged,
i) the member may take part in the discussion of the matter, including
making submissions to council or the local board, as the case may be,
and may attempt to influence the voting on any question in respect of the
matter, whether before, during or after the meeting. However, the
member is not permitted to vote on any question in respect of the matter.
ii) In the case of a meeting that is not open to the public, the member may
attend the meeting or part of the meeting during which the matter is under
consideration.
Penalties imposed in connection with breaches of the Code of Conduct pursuant to the
Code may include:
A written reprimand; and or;
2. Suspension of remuneration paid to a Member with respect to services up to
90 -days; and or;
Refusal to Conduct Investigation
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.
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4. An application may only be made within six weeks after the applicant became
aware of the alleged contravention.
Complaints or Reports Prior to Election
No complaint regarding a Member who is a candidate in an election may be accepted by
the Integrity Commissioner for review and/or investigation between Nomination Day for a
regular election and ending of voting day in any year in which a regular municipal
election will be held. The Integrity Commissioner shall hold such complaint in abeyance
until after voting day in a regular election year and advise the complainant of the process.
PART 20: OTHER COMP LAI NCE/EN FORCEMENT 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 (Code or Personae, Discrimination, Violence by
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 Police 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 Police 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
their advantage from any person, in connection with the performance of the
duties of the Member in the office;
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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.
PART 21: 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.
PART 22: 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.
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.
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Appendix I
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 Appendix 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.
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Appendix 2
DUTIES OF A MUNICIPAL INTEGRITY COMMISSIONER
The Integrity Commissioner shall perform the duties and have the powers provided
for in the Act, including but not limited to the following:
(1) Advisory. upon proper request, provide written and/or verbal advice to individual
members of Council respecting the application of the Code of Conduct and/or any other
procedures, rules, and policies relating to and reflecting upon their ethical behavior,
including but not limited to general interpretation of the Municipal Conflict of Interest Act
(Ontario); and furthermore and when appropriate, providing the full Council with specific
and general opinions and advice respecting compliance by elected officials in respect of
the provisions of governing statues the Code of Conduct and any other applicable
procedures, rules, and policies.
(2) Compliance Investigation/Determinations: upon proper request from a member of
Council or local board, municipal administration or one or more members of the public, to
conduct an inquiry and make a determination as to any alleged contravention of the
Code of Conduct or applicable procedures, rules, and policies by a member of Council or
local board and, thereafter, to report the details and results of such inquiry to municipal
Council.
(3) Educational: provide the Chief Administrative Officer or as directed with an annual
report of activities during the previous calendar year as Integrity Commissioner, including
but not necessarily limited to advice given to Council or individual members of Council and
a summary of inquiry results and determinations; furthermore, provide outreach programs
to members of Council and local boards and relevant staff on legislation, protocols, and
office procedures emphasizing the importance of compliance with a Code of Conduct for
public confidence in Municipal Government; and, furthermore, dissemination of information
available to the public on the website operated by Elgin.
Notwithstanding that set forth above, the parties acknowledge and agree that the function
of the Integrity Commissioner is to provide advice and opinion to Council and members
thereof, to provide independent complaint prevention, investigation, adjudication, and
resolution to members of Council and the public, and education respecting adherence with
the Code of Conduct for members of Council and other procedures, rules, and policies
governing ethical behavior.
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Appendix 2 (continued)
The parties hereto also acknowledge and agree the Integrity Commissioner, will perform
services, and in particular those services relating to advisory and educational duties, in a
manner so as to avoid duplicated advice, opinion, and cost in respect of identical
requests and inquiries — for example, the Integrity Commissioner shall decline to provide
individualized advice and opinion to more than one member of Council or a local board
on identical issues but should choose to provide general advice to Council or such local
board as a whole to answer all such inquiries. In addition, it is recognized that the
Integrity Commissioner, will likely 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
individual members of Council or local boards will seek independent legal advice on a
specific question of individual compliance with such legislation. (until such time as Bill 68
is proclaimed) Appendix C
(4) The application of sections 5, 5.1, and 5.2 of the Municipal Conflict of Interest Act to
members of Council and of local boards will become the responsibility of the Integrity
Commissioner on March 1, 2019.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
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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. Appendix B
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1 a "
Subject: Code of Conduct for Members of Municipal Council and Council's Local
Board and Committee Members (hereinafter referred to as "Members")
COUNCILLOR ACKNOWLEDGEMENT
The preceding Code of Conduct has been explained to me and I have received, read, and
understood the Code of Conduct for the Corporation of the County of Elgin.
Councillor Name (Please Print)
Councillor Signature
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Date
CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
ElginCounty
Appendix A
Council Code of Conduct Disclosure Statement
COUNTY OF ELGIN
Council Code of Conduct
Part 7 of the Council Code of Conduct regarding the acceptance of gifts and benefits,
requires members to disclose the receipt of certain gifts and benefits if the dollar value of
a single gift or benefit exceeds $200.00 or if the total value of gifts and benefits received
from one source in a calendar year exceeds $1,000.00. This Disclosure Statement is to
be used to report on such gifts and benefits and shall be filed with the clerk within 30 days
of receipt of such gift or benefit, or upon reaching the annual limit. Disclosure Statements
are a matter of public record.
Nature of Gift or Benefit Received:
Source of Gift or Benefit:
Circumstances under Which Gift or Benefit Received:
Estimated Value of Gift or Benefit: $
Date Gift or Benefit Received:
Signature of Member: Date:
Date Statement Received by Clerk:
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
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Appendix B
Council Code of Conduct—Formal Complaint FomVAffidavit
COUNTY OF ELGIN
Council Code of Conduct
AFFIDAVIT OF
1, (full name), of the
Town etc.) of
Province of Ontario.
MAKE OATH AND SAY (or AFFIRM):
(full name)
(City,
(municipality of residence) in the
1. 1 have personal knowledge of the facts as set out in this affidavit, because
(insert reasons e.g. I work for... I attended a meeting at which... etc.)
2. 1 have reasonable and probable grounds to believe that a member of the County of
Elgin Council
h as contravened section(s)
(specify name of member)
specify section(s) of the
Council Code of Conduct of the County of Elgin. The particulars of which are as follows:
(Set out the statements of fact in consecutively numbered paragraphs in the space below,
with each paragraph being confined as far as possible to a particular statement of fact.
If you require more space please use the attached Schedule A form and check the
appropriate box below. If you wish to include exhibits to support this complaint, please
refer to the exhibits as Exhibit A, B etc. and attach them to this affidavit.)
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
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Please see the attached Schedule A
1. This affidavit is made for the purpose of requesting that this matter be reviewed by the
County of Elgin appointed Integrity Commissioner and for no other purpose.
SWORN (or AFFIRMED) before me at the )
(City, Town etc. of )
in the Province of Ontario on
(date) )
Signature
(Signature of Commissioner)
(Signature) A Commissioner for taking affidavits etc.
Please note that signing a false affidavit may expose you to prosecution under
Sections 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, G. C-46 and also to
civil liability for defamation.
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CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
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ElginCoun="
Schedule A (Additional Information)
COUNTY OF ELGIN
Council Code of Conduct
To the affidavit required under Part 18 Procedure — Formal Complaint of the Council Code
of Conduct.
(If more than one page is required, please copy this blank page and mark each additional
page as 2 of 2, 2 of 3, etc. at the top right corner.)
This Schedule A referred to in the affidavit of
(full name)
Sworn (or Affirmed) before me on this day
of
A Commissioner for taking affidavits, etc.
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Appendix C
Council Code of Conduct—Request for Advice Form
COUNTY OF ELGIN
Council Code of Conduct
Name of Member:
Telephone No.:
Email Address:
Advice Requested: (Please provide as much detail as possible. Attach additional pages
if required.)
Signature of Requestor
Date
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Date Received by Integrity Commissioner
Date Reply Issued
CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS
FOR THE CORPORATION OF THE COUNTY OF ELGIN
ousty
Appendix D
Conflict of Interest Form
COUNTY OF ELGIN
Council Code of Conduct
Name of Member:
Telephone No.:
Email Address:
Date of Council meeting:
Agenda item number and name:
General Nature of the Conflict of Interest:
Signature of Council Member
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Date Received by County Clerk