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BYLAW - Adopt Code of Conduct ~ Advisory, Statutory Committees REPEALED BY 5506~13 - 20080624 - 5037~08.C"\ovJn of r'\l THE CORPORA T/ON OF THE TOWN OF AURORA e .. . '"o iS ~ By-law Number 5037-0B.C BEING A BY-LAW to Adopt a Code of Conduct for Members of Advisory & Statutory Committees . 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 Advisory and Statutory Committees 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, Members of Committees 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 B. PANIZZA, TOWN CLERK CODE OF CONDUCT MEMBERS OF ADVISORY & STATUTORY COMMITTEES Policy Statement This Code of Cond!JCt is a public declaration of the principles of good conduct and ethics that appointed members to Town of Aurora advisory and statutory committees have decided its stakeholders could reasonably expect from members to demonstrate in their performance and responsibilities as appointed representatives. Purpose The Code of Conduct for Members of Committees and related Town Policies identifies the Town's expectations of Members and establishes guidelines for appropriate conduct . to ensure that: • the decision making process of is transparent, accessible and equitable. • decisions are made through appropriate channels of government structure. • appointed office is not to be used for personal gain. • the conduct of Members 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 and understood in municipal governance, the following areas and guidelines have been specifically identified as being paramount to the municipal decision making 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 7. Use of Property 8. Transparency and Openness in Decision Making 9. Professional Development 10. Conduct at Meetings -1- 11. Harassment 12. Compliance with the Code-Complaint Protocol 13.1mplementation 1. Roles and Obligations Members recognize their mandate incorporates tasks to: • fairly and impartially provide recommendations to Council and the public based on the mandate and responsibilities of their committee. • be aware of and understand their obligations imposed by Council or statutory legislation. 2. Confidentiality In their decision making process, Members may periodically have access to information that may be confidential. 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: • that is circulated to Members 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 oflnformation and Protection of Privacy Act. · Members shall not disclose or release by any means to any member of the public either in verbal orwritten form any confidential information acquired by virtue of their position except when required by law to do so. All information, documentation or deliberations received, reviewed or taken as . confidential by the committee 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. -2- 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 a Committee. 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 the committee. 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. 3. Communications and Media Relations Committee Members will accurately and adequately communicate the attitudes and decisions of the Committee and Council, even if they disagree with the majority decision of Committee or Council. Members shall show respect for the decision making process of the Committee and Council. Official information related to decisions and resolutions made by the Committee or Council will normally be communicated to the community and the media in an official capacity by the Mayor or designated staff member or through a Press Release issued by the Corporation. · Information concerning adopted policies, procedures and decisions of the Committee shall be conveyed openly and accurately. Confidential information will be communicated only when and after determined by Council. When a committee member chooses to communicate through the media which may include or involve interviews, editorials, writing. of a regular column in the newspaper or magazine, hosting/co-hosting a regular televised program, where they are indentified as a "member of a committee of the Town of Aurora" which is a recognized entity of the Municipality as a Corporation, the committee member shall be expected to feature an appropriate acceptable disclaimer stating, "the opinions reflected by the member are their own personal comments and are not endorsed nor representative of the committee or the Town of Aurora Council". 4. Relations with Staff Members 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. -3- In addition, Members shall acknowledge and respect the fact that staff Qarry out directions of Council as a whole and administer the policies of the Town. A Member of a Committee 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 Committees 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 Committee Members may only receive gifts, souvenirs or mementos of a nominal value. Any gifts, benefits, or hospitality that exceeds these guidelines shall be returned with an explanation of this Code of Conduct. Anything with a value greater than a nominal value, if accepted shall be the property of the Town. Members may accept hospitality provided the function is hosted by the Committee to which they are a member or the Town of Aurora, or an affil.iated agency. 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) 6. Conflict of Interest-Pecuniary Interest Committee Members 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 and having been sanctioned by Council or permitted by Town policies. 8. Transparency and Openness in Decision Making Committee Members will endeavour to conduct and convey Committee business in an open and public manner, other than for those issues that may be discussed in Closed Session permitted by the Municipal Act, so that stakeholders can understand the process, logic and rationale which was used to reach conclusions or decisions. -4- 9. Professional Development Members have an opportunity to partake in professional development, including but not limited to Federal, Provincial and Municipal conferences, seminars and workshops, provided it is in association with their duties as a member of a committee. 10. Conduct at Meetings During 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 Committee Members and staff requires that all Members show courtesy and not distract from the business of the committee meeting during presentations and when other members have the floor. 11. Harassment Harassment of another Committee 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. 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. -5- 12. Compliance with the Code-Complaint Protocol Where an alleged contravention of any provision of this Code of Conduct occurs, Council will undertake the necessary measures to conduct a review of the complaint and impose a course of action deemed necessary. 13. Implementation Upon adoption of this Code of Conduct and thereafter at the beginning of each term, Committee 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 Committee 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 -6-