BYLAW - Adopt Code of Conduct ~ Council REPEALED BY 5506~13 - 20080624 - 5036~08.C'\ownof -1( THE CORPORA T/ON OF THE TOWN OF AURORA
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By-Jaw Number 5036-0B.C
BEING A BY-LAW to Adopt a Code of Conduct
for Members of Council.
WHEREAS Section 223.2 of the Municipal Act 2001 S.O. 2001, c.25 as amended
provides that municipalities may establish codes of conduct for Members of Council
and local boards of the municipality;
AND WHEREAS Council has deemed it expedient to formally adopt a Code of
Conduct for Members of Council;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
THAT the Code of Conduct governing Members of Council attached as Appendix #1 to
this by-law be adopted.
THAT upon the adoption of this Code of Conduct and thereafter at the beginning of
each term of Council, Members of Council will be expected to sign two copies of the
Code of Conduct to convey to each other and all stakeholders that they have read,
understood and accept it.
READ A FIRST AND SECOND TIME THIS 24TH DAY OF JUNE, 2008.
READ A THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF JUNE, 2008.
PHYLLIS M. MORRIS, MAYOR
COUNCIL CODE OF CONDUCT
Policy Statement
This Code of Conduct is a public declaration of the principles of good conduct and
ethics that members of the Council of the Town of Aurora have decided its stakeholders
could reasonably expect from the Members of Council to demonstrate in the
performance and responsibilities as elected representatives.
Attaining an elected position within the community is a privilege which carries significant
responsibilities and obligations. Members of Council are held to a high standard as
leaders of the community and they are expected to become well informed on all aspects
of municipal governance, administration, planning and operations.
Purpose
The Code of Conduct for Members of Council and related Town Policies identifies the
Town's expectations of Council Members and establishes guidelines for appropriate
conduct to ensure that:
• the decision making process of Town Council is transparent, accessible and
equitable.
• decisions are made through appropriate channels of government structure.
• public office is not to be used for personal gain.
• the conduct of Members of Council is of the highest standard.
• there is fairness and respect for the differences and a duty to work together for
goodwill and common good.
Principles of the Code of Conduct
Although areas of ethical exposure are generally consistent a.nd understood in
municipal governance, the following areas and guidelines have been specifically
identified as being paramount to the municipal political process:
1. Roles and Obligations
2. Confidentiality
3. Communications and Media Relations
4. Relations with Staff
5. Gifts, Hospitality and Benefits
6. Conflict of Interest-Pecuniary Interest
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7. Use of Property
8. Transparency and Openness in Decision Making
9. Professional Development
10. Conduct at Meetings
11. Harassment
12. Compliance with the Code-Complaint Protocol
13.1mplementation
1. Roles and Obligations
Council Members recognize their mandate incorporates tasks to:
• fairly represent the diversity of community views in developing an overall strategy
for the future of the Town.
• set objectives and determine strategies to achieve the goals of the Town
Corporate Strategic Plan.
• achieve sound financial management, planning and accountability.
• be aware of and understand statutory obligations imposed on Council as a
whole, as well as each individual Member of Council.
2. Confidentiality
In their decision making process, Members of Council will have access to information
that may be confidential or controversial such as, but not limited to "Closed Session"
meetings.
Confidential Information means any information that is of a personal nature to Town
employees or clients or information that is not available to the public and that, if
disclosed, could result in loss or damage to the Corporation or could give the person to
whom it is disclosed an advantage. Confidential information includes, but is not limited
to the following information:
• disclosed or discussed at a Closed Session meeting of Council
• that is circulated to Members of Council and marked "Confidential"
• that is given verbally in confidence in preparation of or following a meeting that is
closed to the public and includes, but is not limited to the following types of
information: personal matters about an identifiable individual(s); information
about suppliers provided for evaluation which might be useful to other suppliers;
matters relating to legal affairs of the Town; sources of complaints where the
identity of the complainant is given in confidence; items under negotiations;
schedules of prices in contract tenders; personal information as defined in the
Municipal Freedom of Information and Protection of Privacy Act.
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M~mbers of Council shall not disclose or release by any means to any member of the
public either in verbal or written form any confidential information acquired by virtue of
their office except when required by law to do so.
All information, doc1,1mentation or deliberations received, reviewed or taken in Closed
Session of Council and its committees is confidential until the matter ceases to be
confidential, as determined by Council.
Members shall not permit any person other than those who are entitled thereto to have
access to information that is confidential.
Confidential information that is provided to Members by the Corporation does not
belong to them. It is property that belongs to the Town.
The obligation to keep information confidential is a continuing obligation even if the
Member ceases to be a Member of Council.
Members have the same access rights to municipal information as any other resident of
the Town, unless the information relates specifically to a matter before Council.
Requests for information should be referred to the appropriate staff to be addressed
either as an informal request for access to municipal records, or as a formal request
under the Municipal Freedom of Information and Protection of Privacy Act.
Members should be aware of the Administration Procedure No. 5, Council/Staff
Communications.
3. Communications and Media Relations
Members of Council will accurately and adequately communicate the attitudes and
decisions of Council, even if they disagree with the majority decision of Council.
Members shall show respect for the decision making process of Council.
Information concerning adopted policies, procedures and decisions of the Council shall
be conveyed openly and accurately.
Confidential information will be communicated only when and after determined by
Council.
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4. · Relations with Staff
Members of Council shall acknowledge and respect the fact that staff work for the Town
as a corporate body and are responsible for making recommendations that reflect their
professional expertise and corporate objectives, without due influence from any
individual member.
In addition, Members shall acknowledge and respect the fact that staff carry out
directions of Council as a whole and administer the policies of the Town. A Member of
Council shall 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.
Members of Council shall refrain from publicly criticizing individual members of staff in a
way that casts aspersions on their professional competence and credibility.
5. Gifts, Hospitality and Benefits
Members may only receive gifts, hospitality or entertainment that are received as an
incident of protocol or social obligation that normally accompanies the responsibilities of
elected office. Any gifts, benefits, or hospitality that exceeds these guidelines shall be
returned with an explanation of this Code of Conduct. Gifts, souvenirs or mementos with
a value greater than a nominal value, if accepted shall be the property of the Town.
Members may accept hospitality orentertainment if the offer is infrequent and
appropriate to the occasion.
Nothing in this section prevents the receipt of personal gifts, benefits, rewards,
commissions or compensation from any person or organization not connected directly
or indirectly with the performance or duties of office. (i.e. full time employment with
another organization)
Members may also accept the following:
• political contributions that are otherwise offered, accepted and reported in
accordance with applicable law.
• food and beverages at banquets, receptions, ceremonies or similar events.
• services provided by a person volunteering their time.
• food, lodging, transportation and entertainment provided by other levels of
government or boards or commissions.
• a reimbursement of reasonable expenses incurred and honorariums received in
the performance of activities connected with municipal associations or agencies.
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6. Conflict of Interest-Pecuniary Interest
Members of Council will recognize their obligations to follow and respect the provisions
of the Municipal Conflict of Interest Act.
7. Use of Town Property
Members may only use Town property or services for activities connected with the
discharge of official duties or associated community activities having the sanction of
Council or permitted by Town policies.
8. Transparency and Openness in Decision Making
Members of Council will endeavour to conduct and convey Council business in an open
and public manner, other than for those issues that may be discussed in Closed
Session permitted by the Municipai Act, so that stakeholders can understand the
process, logic and rationale which was used to reach conclusions or decisions.
9. Professional Development
Members have the opportunity to promote, support, pursue and partake in opportunities
for professional development, including but not limited to Federal, Provincial and
Municipal conferences, seminars and workshops. 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.
10. Conduct at Meetings
During Council, General Committee or any another advisory committee meetings, or
working group meetings, Members shall conduct themselves with decorum and in
accordance with the Town' Procedural By-law. Respect for delegations and for fellow
Council Members and staff requires that all Members show courtesy and not distract
from the business of Council during presentations and when other members have the
floor.
11. Harassment
Harassment of another Council Member, staff or any member of the public is prohibited
under the Ontario Human Rights Code. In accordance with the Ontario Human Rights
Code and the Town's Administration Procedure 44-Harassment Free Workplace, it is
the policy of the Town that all persons be treated with dignity and respect in the
workplace in an environment free of discrimination and of personal and/or sexual
harassment.
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Harassment, whether it occurs inside or outside the workplace but is related to the work
environment or activities of elected office is considered to be harassment and is
inappropriate behaviour for the purpose of this Code of Conduct.
Harassment includes, but is not limited to any behaviour, conduct or comment by any
person that is directed at or is offensive to another person on the grounds of race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, handicap,
sexual orientation, marital status, or family status and any other grounds under the
provisions of the Ontario Human Rights Code.
Any complaints of harassment will be investigated in accordance with the procedures
set out in the Town Administration Procedure 44. In the event that a resolution of the
complaint is not achieved, any Member may request the complaint be dealt with in
accordance with Section 12 of this Code. ·
12. Compliance with the Code -Complaint Protocol
Where an alleged contravention of any provision of this Code of Conduct occurs, the
following procedures will be adhered to.
Part A Informal Complaint Procedure
Individuals (i.e. Town employees, members of the public or Members of Council) or
organizations who have identified or witnessed behavior or an activity by a Member of
Council that they believe is in contravention of the Code of Conduct for Members of
Council, may wish to address the prohibited behavior or activity themselves as follows:
(1) advise the Member of Council that the behavior or activity contravenes the Code of
Conduct;
(2) encourage the Member of Council to stop the prohibited behavior or activity;
(3) keep a written record of the incidents including dates, times, locations, other
persons present, and any other relevant information;
(4) advise someone else (for example, another Member of Council or a senior staff
member of the Town) about your concern, your comments to the Member of
Council and the response of the Member of Council;
(5) if applicable, confirm to the Member of Council your satisfaction with the .response
of the Member of Council or, if applicable, advise the Member of Council 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 an applicable judicial or quasi-
judicial process.
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Individuals and organizations are encouraged to initially pursue this informal complaint
procedure as a means of stopping and remedying a behavior or activity that is
prohibited by the Code of Conduct. However, it is not a precondition or a prerequisite
that they pursue the informal complaint procedure prior to pursuing the formal complaint
procedure in Part B.
Part B Formal Complaint Procedure-Integrity Commissioner
1. Complaint and Review Request
(1) A Member Council, Town staff or member of the public who has reasonable
and probable grounds to believe that a member of Council has contravened the
Code of Conduct for Members of Council, may request that the matter, or
complaint be reviewed.
(2) The complaint shall be in writing and shall be signed by the complainant(s).
· (3) A complaint shall set out the grounds for the belief and the contravention
alleged and include a supporting affidavit that sets out the evidence in
support of the complaint.
For example, facts should include the name ·Of the alleged violator, the prov1s1on
allegedly contravened, facts constituting the alleged contravention, the names and
contact information of witnesses, and contact information respecting the complainant
during normal business hours. ·
2. Initial Classification by Integrity Commissioner
(1) The complaint shall be filed with the Director of Corporate Services
who shall forward the matter to the Integrity Commissioner for initial
classification to determine if the matter is, on its face, a complaint with
respect to non-compliance with the Code of Conduct and not covered by
other legislation or other Council policies as described in subsection (3).
(2) If the complaint does not include a supporting affidavit, the Integrity
Commissioner may defer the classification until an affidavit is received.
(3) If the complaint, including any supporting affidavit, is not, on its face, a
complaint with respect to non-compliance with the Code of Conduct or thE;!
complaint is covered by other legislation or a complaint procedure under another
Council policy, the Integrity Commissioner shall advise the complainant in writing
as follows: ·
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(a) if the complaint on its face is an allegation of a criminal nature consistent with
the Criminal Code of Canada, the complainant shall be advised that if the
complainant wishes to pursue any such allegation, the complainant must pursue
it with the York Regional Police;
(b) if the complaint on its face is with respect to non-compliance with the
Municipal Conflict of Interest Act, the complainant shall be advised to review the
matter with the complainant's own legal counsel;
(c) if the complaint on its face is with respect to non-compliance with the
Municipal Freedom of Information and Protection of Privacy Act, the complainant
shall be advised that the matter will be referred to the Privacy Commissioner for
review;
(d) if the complaint on its face is with respect to non-compliance with a more
specific Council policy with a separate complaint procedure, the complainant
shall be advised that the matter will be processed under that procedure: and
(e) in other cases, the complainant shall be advised that the matter, or part of the
matter, is not within the jurisdiction of the Integrity Commissioner to process, with
any additional reasons and referrals as the Integrity Commissioner considers
appropriate.
3. Integrity Commissioner Investigation
(1) lfa complaint has been classified as being within the Integrity Commissioner's
jurisdiction, the Commissioner shall investigate and may attempt to settle the
complaint.
(2) The Integrity Commissioner will proceed as follows:
(a) serve the complaint and supporting material upon the member whose conduct
is in question with a request that a written response to the allegation be filed
within ten days; and
(b) serve a copy of the response provided upon the complainant with a request
for a written reply within ten days.
(3) If necessary, after reviewing the written materials, the Integrity Commissioner
may speak to anyone relevant to the complaint, examine any other dqcuments
relevant to the complaint and may enter any Town office relevant to the
complaint for the purposes of investigation and settlement.
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(4) The Integrity Commissioner may make interim reports to Council as required to
address any instances of interference, obstruction or retaliation encountered
during the investigation.
(5) The Integrity Commissioner shall submit a final report on the complaint to
Council, no later than 90 days after the making of the complaint, outlining the
findings, the terms of any settlement, or recommended corrective action.
(6) Any recommended corrective action must be permitted in law and shall be
designed to ensure that the inappropriate behavior or activity does not continue.
4. Refusal to conduct inquiry
(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 inquiry, the Integrity Commissioner shall
not conduct an inquiry and shall state the reasons for not doing so in the report.
(2) If the Integrity Commissioner determines that there has been no contravention of
the Code of Conduct or that a contravention occurred although. the Member took
all reasonable measures to prevent it, or that a contravention occurred that was
trivial or committed through inadvertence or an error of judgment made in good
faith, the Integrity Commissioner shall so state in the report and shall recommend
that no penalty be imposed.
5. Copy of the Report
(1) The Integrity Commissioner shall file a copy of the final report with Director of
Corporate Services who will then provide a copy of the report to the complainant
and the Member of Council whose conduct is concerned.
6. Report to Council
(1) The Director of Corporate Services shall process the report to the next meeting
of Council.
7. Duty of Council
(1) Council shall consider and respond to the report within 90 days after the day the
report is laid before it.
8. Annual Report
(1) The Integrity Commissioner shall report annually to Council on complaints
affecting the Council of the Town of Aurora or its Committees, filed with the
Integrity Commissioner.
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13. Implementation
Upon adoption of this Code of Conduct and thereafter at the beginning of each term,
Council Members will be executed to sign 2 copies of the Code of Conduct (one for the
member and one for the Director of Corporate Services office) to convey to each other
and all stakeholders that they have read, understood and accept it.
A copy of the Code of Conduct will be included as part of the orientation workshop for
all Council Members. Members are expected to formally and informally review their
adherence to the provisions of this Code on a regular basis or when so requested by·
Council.
Signature
The undersigned hereby acknowledges that they have read, understood and accept this
Code of Conduct.
Signature of Member Date
Printed Name of Member
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