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BYLAW - Code of Ethics_Council Members REPEALED BY 5532~13 - 20111122 - 5387~11THE CORPORATION OF THE TOWN OF AURORA By-law Number 5387-11 BEING A BY-LAW to adopt a Code of Ethics for Members of Council. WHEREAS paragraph 2 of subsection 11(2) of.the Municipal Act, 2001, R.S.O. 2001, c. 25, as amended, provides that a lower -tier municipality may pass by-laws respecting the accountability and transparency of the municipality and its operations and of its local boards and their operations; AND WHEREAS on August 22, 2006, the Council of The Corporation of the Town of Aurora (the "Council') enacted Procedural By-law Number 4835-06.C, which included a Code of Ethics for Members of Council as Schedule "B"; AND WHEREAS on November 22, 2011, the Council repealed Procedural By-law Number 4835-06.C, which eliminated the Code of Ethics for Members of Council; AND WHEREAS the Council has deemed it necessary and expedient to formally adopt the previously enacted Code of Ethics for Members of Council as a separate By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the Code of Ethics attached hereto as Schedule "A" to this By-law be and is hereby adopted and shall govem over Members of Council. 2. THAT this By-law shall come into full force and effect on the date of final passage hereof. READ A FIRST AND SECOND TIME THIS 22"d DAY OF NOVEMBER, 2011. READ A THIRD TIME AND FINALLY PASSED THIS 22"d DAY OF NOVEMBER, 2011. Approvedaa to5Fo m LegafServiees s ;m Aa,to-- J-�a— Date; Nov._22i 2,011 By-law Number 5387-11 Page 2 of 4 Schedule "A" to By-law Number 5387-1.1 Town of Aurora CODE OF ETHICS for Members of Council 11 The Town of Aurora's Members of Council fundamentally understand that: (a) The proper operation of democratic and representative municipal government requires that they be independent, impartial and responsible to the people; (b) There .are open and proper channels for decision making and approval of policy; (c) Conflicts between private. interests and - public responsibilities are unacceptable and must be avoided; and (d) As leaders of the community, they are held to a higher standard of behaviour and conduct. Although areas of ethical exposure are generally consistent and understood in municipal governance, the following areas and guidelines have been specifically identified in our community, as being paramount to the municipal political process: 1. Roles and Obligations 2. Use of Information 3. Communications and Media Relations 4. Relationships with Staff and Other Members of Council 5. Gifts and Benefits 6. Conflicts of Interest 7. Use of Property 8. Transparency and Openness in Decision Making 9.> Public Input 10. Professional Development Accordingly, this document will provide a guideline for elected officials in exercising their policy making role having regard to the statements and ideals as enunciated hereunder. 1. Roles and Obligations Council Members recognize their mandate incorporates tasks to include: • Fairly representing the diversity of community views in developing an overall strategy for the future of our Town; • Setting objectives --and determining strategies to achieve Council's Corporate objectives in the Strategic Plan; • Achieving sound financial management, planning and accountability; and • Being aware of and conversant with the statutory obligations imposed on Council as a whole,. as well as each individual Member of Council. 2. Use of Information In their decision -making process, Members of Council are sometimes privy to information which may be confidential or controversial such as, but not limited, to "In Camera" meetings. It is expected that they will: • Use "insider" information appropriately, so as not to be used to their personal advantage; • Use confidential information appropriately so as not to cause detriment or benefit to others; Respect the status of confidential (personnel, legal, . property acquisition) information until the matter ceases to be confidential as determined by Council; By-law Number5387-11 Page 3 of 4 • Understand that they enjoy the same access rights to municipal information as any other member of the community, unless it is specifically relevant to a matter before the Council; and • Only release information according to the provisions of the Municipal Freedom of Information and Protection of Individual Privacy Act, R.S.O. 1990, c. M.56, as amended from time to time. 3. Communications and Media Relations Members of Council will accurately and adequately communicate the attitudes and decisions of Aurora's Council, even if they disagree with a majority decision of Council so that: There is respect for the decision -making processes of Council; • Official information related to decisions and resolutions made by Council will normally .be communicated in the first instance to the community and the media in an official capacity by the Mayor or designate; Information concerning adopted policies, procedures and decisions of the Council is conveyed oPenly and accurately; and Confidential information will be communicated only when and after determined by Council. 4. Relationships with Staff and Other Members of Council Members of Council will: Read and respect the guidelines contained in the "Complimentary Roles and Responsibilities of Council and the Administration" document; • Acknowledge that only Council as a whole has the capacity to direct staff members to carry out specific tasks or functions; • Refrain from using their position to improperly influence members of staff in their duties or functions or to gain an advantage for themselves or others; and • Refrain from publicly criticizing individual members of staff in a way that casts aspersions on their professional competence and credibility. 5. Gifts and Benefits Members of Council will only: • Accept gifts, hospitality or eniertainment of a nominal value that could not be reasonably constru6d as being given in anticipation or recognition of special consideration by the town. • Accept hospitality or entertainment if the offer is infrequent (less than 2 or 3 times a year) and appropriate to the occasion. In .these circumstances, it is assumedthat the nature of the business discussed is important enough to the Town that reciprocal arrangements should openly be made and charged to the Town. Members of Council will: • Acknowledge that the Mayor will in his/her role, periodically receive and distribute ceremonial or other jsimilar items. 6. Conflicts of Interest Members of Council will recognize their obligations to: Follow and respect both the! letter and spirit of the provisions of the Municipal Act and the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended from time to time. ,11 By-law Number, 6387-11 Page 4 of 4 7. Use of Property Members of Council will: • Only use Town property, equipment; supplies or services of consequence, for activities connected with the discharge of official duties or associated community activities having the sanction of Council or its Committees. 8. Transparency and Openness In Decision Makina Members of Council will endeavour to: • Conduct and convey Council business in an open and public manner (other than for those decisions of a personnel, legal or property acquisition matter) so that stakeholders can obtain the process, logic and rationale which were used to reach conclusions ordecisions. 9. Public Input Council will periodically use formal and informal opportunities to seek public input as a component of the decision -making process which have broad impacts on the community. The purpose of the exercise will be to provide stakeholders with a mechanism to provide opinions and advice so that the widest range of views and information is available before final decisions are made. 10. Professional Development Members of Council have an obligation to promote, support, pursue and partake in opportunities for professional development, including but not limited to: AMO Conference; • Ministry of Municipal Affairs and Housing seminars; • Provincial Professional Association Training Institutes (OGRA, AMCTO, PRO, etc.); and • Provincial Municipal Council orientation sessions. Council Members are encouraged to stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage of their duties and responsibilities. At the beginning of each term, Members of Council will be expected to sign two (2) copies of the Code of Ethics Document (one (1) for themselves and one (1) for the Clerk's Office) to convey to each other and all stakeholders that they have read, understand and accept it. • A Code of Ethics component will be included as part of the orientation workshop, for each new Council • Council Members are expected to formally and informally review their adherence to the provisions of the Code on 9 regular basis orwhen 'so requested by Council.