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Policy - AMPS Preventing Political Interference - 20230410 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Administrative Monetary Penalties System - Preventing Political Interference Bylaw Services Contact: Manager of Bylaw Services, Corporate Services Approval Authority: CAO Effective: April 10, 2023 Revised: April 10, 2023 ______________________________________________________________________________________ Purpose The Municipal Act, 2001 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to have a policy for the prevention of political interference in AMPS. This Policy is intended to address this requirement, to define what constitutes political interference in relation to AMPS, and to ensure that the responsibilities of individuals involved in AMPS are conducted in accordance with the principles of fundamental justice, which include decision making and procedural independence, fairness, impartiality, and integrity, without any political interference. Scope This Policy applies to all members of Council, Hearing Officers, Screening Officers, and Town of Aurora employees involved in the enforcement and administration of AMPS, and to all other Town of Aurora employees in relation to their interaction with AMPS and members of Council. The following shall apply in addition to this Policy: For Town employees involved in the administration of the AMPS program: the Employee Code of Conduct, shall also apply regarding the activities of an employee in the administration of the AMPS program. For Hearing Officers: the provisions of any agreement governing the retainer between the Town and a Hearing Officer(s), shall also apply regarding the activities of the Hearing Officer. In the event of a conflict between this Policy and the agreement, the provisions of this Policy shall supersede. For members of Council: The Council Code of Conduct shall also apply regarding the activities of members of Council. In the event of a conflict between the provisions of 2 this Policy and the provisions of the Council Code of Conduct, in relation to AMPS, this Policy shall supersede. This Policy shall apply in addition to all applicable law (i.e., Municipal Conflict of Interest Act, etc.). A breach of applicable law shall be deemed to be a breach of this Policy. Definitions Administrative Penalty An administrative penalty established by the Administrative Penalty By-law for a contravention of a Designated By-law as defined therein; Administrative Penalty By-law The by-law passed by the Town to establish administrative penalties for parking, as amended from time to time, or any successor thereof; AMPS Administrative Monetary Penalty System, established by the Administrative Penalty By- law; CAO The Chief Administration Officer of the Town, or anyone designated by the CAO to perform their duties relating to AMPS; Council Code of Conduct The Code of Conduct for Members of Council, adopted by the Town to govern the conduct of Members of Council, as amended from time to time, or any successor thereof; Council The Council of the Town; Director The Director of Director of Corporate Service for the Town of Aurora, or their designate or successor; Employee Code of Conduct and Ethics Policy The policy adopted by the Town to govern employee conduct, provide ethical standards, and address conflicts of interest, as amended from time to time, or any successor thereof; Hearing Officer Any person appointed by the Town from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a hearing officer in accordance with the Screening and Hearing Officer By-law and the Parking Administrative Penalty By-law; Hearing Review 3 The process related to review of a screening decision, as set out in section 6.0 of the Administrative Penalty By-law; Penalty Notice A penalty notice as described in Section 4.0 of the Administrative Penalty By-law; Person Includes an individual or a corporation; Power of Decision A power or right, conferred by or under this By-law and the Administrative Penalty By- law, to make a decision deciding or prescribing the legal rights, powers, privileges, immunities, duties or liabilities of any person; Reprisal Any measure taken or threatened as a direct result of disclosing or being suspected of disclosing an allegation of wrongdoing, initiating or cooperating in an investigation into an alleged wrongdoing, and includes but is not limited to: • Disciplinary measures. • Demotion of the employee or individual; • Termination of the employee or individual; • Intimidation or harassment of the employee or individual; • Any measure that adversely affects the employment or working conditions of the employee or individual; and • Directing or counselling someone to commit a reprisal Screening and Hearing Officer By-law The by-law passed by the Town to establish the positions of screening and hearing officers and to provide for the appointment of screening and hearing officers, in relation to administrative penalties for parking, as amended from time to time, or any successor thereof; Screening Review The process related to review of a Penalty Notice, as set out in Section 5.0 of the Administrative Penalty By-law; Screening Officer Any person appointed by the Town from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Screening Officer in accordance with the Screening and Hearing Officer By-law and the Administrative Penalty By-law; Town The Corporation of the Town of Aurora. 4 Policy The Town of Aurora is committed to ensuring that the Administrative Monetary Penalty System (AMPS) system is conducted in a fair and independent manner and preventing political interference in the administration of AMPS. Principles of Preventing Political Interference No Person shall attempt, directly or indirectly, to communicate with any Town employee or other person performing duties related to the administration of AMPS for the purpose of influencing or interfering, financially, politically or otherwise, with the administration of AMPS or with any particular Penalty Notice; No Person shall attempt, directly or indirectly, to communicate with a Screening Officer or Hearing Officer for the purpose of influencing or interfering, financially, politically or otherwise, the Screening Officer or Hearing Officer respecting a Penalty Notice and/or respecting a Power of Decision in a proceeding that is or will be pending before a Screening Officer or Hearing Officer, except: • A Person who is entitled to be heard in the proceeding or the Person’s lawyer, licensed paralegal or authorized representative; and • Only by that Person or the Person’s lawyer, licensed paralegal or authorized representative during the hearing of the proceeding in which the issues arise. o This paragraph shall not prohibit the giving or receiving of legal advice. o In addition to this Policy, the AMPS By-law sets out a prohibition on attempting to influence a Screening Officer or Hearing Officer and creates an offence for any contravention of the provisions of the By-law. Such penalty is in addition to any action taken pursuant to this Policy. • All individuals involved with the enforcement and administrative functions of AMPS shall carry out such duties in a manner which upholds the integrity of the administration of justice. Accountability • A Screening Officer or Hearing Officer, Town of Aurora employee or any other individual performing duties related to AMPS shall report any attempt at influence or interference, financial, political, or otherwise, by any Person, to the Director as soon as possible. No action shall be taken against the Screening Officer, Hearing Officer, employee or other person(s) for making any such report in good faith; • Where any employee, Screening Officer, Hearing Officer or other person performing duties related to AMPS, is contacted by a member of Council or Town official with respect to the administration of AMPS or a specific Penalty Notice, he or she shall immediately disclose such contact to the Director in order to maintain the integrity of AMPS 5 • Any interference with or attempt to interfere with AMPS by any Person may result in charges under the Criminal Code of Canada, as applicable, or any other applicable law, in addition to any disciplinary action; and • Any interference with AMPS or attempt to interfere with AMPS, by a member of Council, will be addressed pursuant to the Council Code of Conduct; Reprisal In addition to and without limiting the “Accountability” section of this policy, no person shall take any Reprisal against a Town employee or other individual performing duties related to the administration of the AMPS because the employee or individual, in good faith: • Has sought information or advice about making a disclosure about wrongdoing contrary to this policy; • Has made a disclosure about wrongdoing contrary to this policy in good faith; • Has initiated or cooperated in an investigation or other process related to a disclosure of wrongdoing contrary to this policy; • Has appeared as a witness, given evidence or participated in any proceeding relating to the wrongdoing contrary to this policy, or is required to do so; • Has alleged or reported a Reprisal; or • Is suspected or any of the above actions The identity of employees or other individuals performing duties related to the administration of AMPS involved in an investigation, including the identity of an individual alleging political influence co ntrary to this policy, will be protected to the fullest extent possible. If an employee believes that they have suffered Reprisal, this should be reported immediately to the Director, or where appropriate, to the CAO. Responsibilities Not applicable. Monitoring and Compliance In accordance with the Town of Aurora policies, collective agreement and applicable legislation and policies any employee found to be demonstrating actions / behaviours that are not consistent with the terms of this policy will result in an investigation. Any employee found to be disrespecting the terms of this policy other than under exceptional circumstances, emergencies or operational requirement is subject to possible discipline up to and including termination. CAO / Director / Managers / supervisors and employees should work collaboratively to resolve issues related to this policy. Employees can escalate issues to Human Resources where difficulties continue. 6 References • Municipal Act, 2001, S.O. 2001, c. 25 • O. Reg. 333/07: Administrative Penalties • 6450-22 Administrative Penalty Bylaw • 6451-22 Screening and Hearing Officer Bylaw • 6452-22 Amend 4574-04. T (AMPS) • AMPS Policy - Appointment of Screening and Hearing Officers • AMPS Policy - Conflict of Interest and Code of Conduct • AMPS Policy - Financial Management Policy • AMPS Policy - Public Complaints • AMPS Policy - Undue Hardship • Town of Aurora Employee Code of Conduct • Council-Staff Relations Policy Review Timeline This policy will be reviewed two years after the initial approval date.