By-law # 869
Being a By-law to adopt a Code of Ethics for Municipal Council Members and Municipal Employees.
WHEREAS Council is desirous of maintaining a relationship of trust and mutual respect with members of the public;
AND WHEREAS this relationship requires a high standard of ethical conduct by members of Council and Municipal Employees;
AND WHEREAS Council is desirous of establishing this ethical code of conduct to ensure that Council Members and Municipal Employees:
(a) are aware of what constitutes a conflict of interest or a breach of trust
(b) are aware of the level of conduct and integrity which is expected of Council Members and Municipal Employees.
NOW THEREFORE THE COUNCIL FOR THE CORPORATION OF THE TOWNSHIP OF CONMEE HEREBY ENACTS AS FOLLOWS:
1. That the Township of Conmee's Code of Ethics attached hereto as Schedule "A" is hereby adopted.
2. That this By-law come into force and effect on the date of passing thereof.
Read a first and second time this 10th day of May, 2005.
Read a third time and finally passed this 10th day of May, 2005.
____________________________
Reeve
____________________________
Clerk
CODE OF ETHICS POLICY
Purpose
Municipal Council Members and Administrators hold positions of privilege. Therefore, they must discharge their duties in a manner that reflects a fundamental commitment to the well being of the community, respect for individuals and societal institutions and processes, and regard for the integrity of the Corporation.
All officials and employees of the municipality should faithfully work towards developing programs to address the needs of its citizens. In the course of thier duties, officials and employees should stirve to perform at a level that is expected of those who work in the public interest.
Municipal Employees and Elected Officials are servants or agents of the public whose primary objective is to addresss the needs of the citizens. As such, they are entrusted with upholding and adhering to the by-laws of the Township as well as all applicable federal and provincial laws. As public servants, they must meet high ethical standards in the conduct of their official duties, faithfully fulfil the responsiblities of thier offices, regardless of their personal or financil interests.
This policy is intended to establish the highest ehtical behavioral standards for the Council Members and Administrators and to provide a common understanding of the fundamental rights, privileges and obligations of Municipal Council Members and Administrators.
This policy will also privide a point of reference and a means by which Municipal Council Members, Administrators and Municipal Employees can obtain authorizations or clarification in circumstances in which some uncertainty exists as to the ethical propriety of an action or behaviour which is being or may be contemplated or engaged in.
Lastly, this policy sets out the means of correcting unethical conduct by any Member of Council, Administrator or Municipal Employee.
Definitions
For these purposes the following shall have the meanings as indicated below:
Council Member means the Reeve and Council Members of the Township of Conmee
Administration (Administrator) means the Clerk-Treasurer, Deputy Clerk, Public Works Manager and Fire Chief (Manager of Emergency Services).
Clerk means the Clerk of the Township of Conmee.
Township means the Corporation of the Township of Conmee
Municipal Employees means staff employed under direct responsibility of Adminstration.
Public Comment means a disclosure made in a public speech, lecture, radio or television broadcast, in the press or book form.
Confidential Information includes but is not limited to:
i) Personal data of employees or others
ii) Records related to internal policies and practises that if disclosed, may prejudice the effective performance of a municipal operation
iii) Records of a financial nature reflecting information given or accumulated in confidence
iv) Files prepared in connection with litigation and adjudicative proceedings
v) Reports of consultants, policy drafts and internal communications, which, if disclosed, may prejudice the effective operation of the Township
CODE OF CONDUCT
Objectives
i) provide Council Members, Administration and Municipal Employees with guidelines for identifying potential conflicts of interest and breaches of trust.
ii) help ensure that Council Members, Administration and Municipal Employees do not place themselves, or permit themselves to be placed, in a position which would consitute a conflice of interest or breach of trust.
iii) promote high standards of professional conduct and vlaues among Council Members, Administration and Municipal Employees.
Role of Council
i) implement and promote the Code of Ethics Policy
ii) review the Municipality's Code of Ethics Policy as required and make any amendments considered appropriate
Role of Clerk-Treasurer
i) ensure the Department Heads promote eithcal standards expressed within the Code of Ethics policy to their employees.
ii) recommend amendments to the Code of Ethics Polcy to Council.
iii) investigate and review any reported violation of the Code of Ethics Policy and papprove and/or administer any subsequent corrective action.
Role of Managers
i) promote the ethical standards expressed within the Code of Ethics Policy to thier employees and ensure that all employees of their department are familiar with the Municipality's Code of Ethics Policy.
ii) advise the Clerk-Treasurer of any percieved violation of the Code of Ethics Policy by a member of staff, and institute appropriate preventative or corrective action.
iii) recommend to the Clerk-Treasurer any changes to the Code of Ethics Policy which are considered appropriate.
Integrity
Ultimately, ethical behaviour relies on the diligence of the individual. However, a breach of ethics impacts not only on that Council Member or Administrator, but also the Corporatio. The Code of Ethics is the means by which the responsibility of elected and appointed official to protect the integrity of the Corporation is clearly identified and imposed.
Without restricting the generality of this statement, the following shall be considered breeches of the Code of Ethics:
i) the conduct and moral standards in Council activities, or municipal business in a manner which renders the Council Member or the Adminsitrator unable to perform his/her duties satisfactorily.
ii) the breach of the law, knowingly, by public officials in the performance of their duties or to request others to do so.
iii) the intentional falsification of any of the Township's recores or of any other information provided to Council, Administration or to the public or any public agency
Conflict of Interest
No employees, whether paid or otherwise, shall engage in any business transaction or have financial personal interest, direct or indirect, which is incompatible with the proper discharge of their official duties or would impair their independence of judgement or action in the performance of their official duties.
Impartiality
Every Council Member must perform his/her duties in an impartial manner.
Gifts and Benefits
The inherent pitfall in accepting gifts and benefits from outside sources is that regardless of the intent, in most instances the person providing the gift has something to gain from the recipient. Gifts and other benefits are the most obvious means of wielding some kind of influence regardless of how harmless the gesture may appear to be on the surface.
In keeping with established private-public business practices, no employee shall show favoritism or bias toward any vendor, contractor or others doing business with the Municipality that would tend to influence them in the proper discharge of their official duties.
There is a role for "moderate hospitality". For the purpose of this policy "moderate hospitality" shall be deemed to include:
i) gifts or benefits presented or provided by other governments or governmental or community organizations in recognition of service provided;
ii) awards or acknowledgements of a non financial nature having a monetary value of less than one hundred dollars ($100.00) and;
ii) the cost of transportation, accomodation and meals provided in connection with the conduct of municipal business as recognized or approved by Council.
It shall be the responsiblity of the Council Member of Administrator to consider whether or not a specific gesture constitutes moderate hospitatlity before it is accepted and to report to Council any gift or benefit which has been accepted or received and which has a monetary value of greater than one hundred dollars ($100.00). If the council, in its absolute discretion, determines that the gift or benefit does not fall within the limits of "moderate hospitality" it shall be returned or repaid by the recipient to the donor.
Without restricting the generality of this provision, the following shall be considered breaches of the Code of Ethics:
i) To accept gifts and benefits from firms or individuals.
ii) To place themselves in a position where they are under an obligation to favour an individual or firm.
iii) to favour an individual or firm, for personal reasons, in the performance of their obligations to the Township of Conmee
Confidentiality
Every Council Member and Administrator must hold in strict confidence all information of a confidential nature acquired in the course of his/her term with the Township.
Without restricting the generality of this statement, the following shall be considered breaches of the Code of Ethics:
i) the use of confidential information, which is not available to the general public and to which Council Members and Administrators have access by reason of their position with the Township, to further thier personal interests or the interests of others, or;
ii) the disclosure to unauthorized persons confidential informaiton to which the individual has access by reason of thier position with the Township.
Municipal Employees
Employees shuld not exceed their authority, breach the law, or ask others to do so, and should work in full co-operaiton with other public officials and employees, unless prohibited from doing so by law or by formally recognized rules of confidentiality.
Political Activity
Council Members Council Members are to be allowed as great a measure of political rights as can be reconciled with the need to ensure the fact and appearance of impartiality in the performance of their duties with the Township. Without restricting the scope of this rule, the following shall be considered a breach of the Code of Ethics:
i) to use the authority or influence of their position as a Council Member on behalf of a political party or candidate.
Employees
No employees of the Municipality shall perform work, either volunteer or paid, on behalf of any political party during their hours of employment with the Municipality.
Public Comments
Every Council Member shall exercise the reserve and restraint appropriate to his/her position with the Township when publicly expressing his/her personal opinions on matters of political controversy or proposed municipal policy or on the adminsitration thereof. This policy is not intended to restrict the legitimate public comment of Council Members.
Every Administrator shall refrain from public criticism of Council, its processes or its decisions, provided that Administrators have the responsiblity to advise Council on any matter of policy or process and to communicate such advice directly to Council before, during or after the fact of a decision taken by Council.
Without restricting the generality of this statement, the following shall be considered breaches of the Code of Ethics:
i) the public expression of the individual's personal view on matters of political controversy or on municipal policy or administration where to do so would impair the public's confidence in that Council' Member's or Administrator's ability to perform his/her official duties with integrity and impartiality or impair the ability of the Township Council or Administration to carry out its or their functions;
ii) the transmission of other than factual and objective information related to policies adopted by Council
iii) in the case of a Member of Council purporting to speak on behalf of the Council unless he/she has been authorized to do so by the Council.
iv) in the case of a Member of Council expressing disagreement with a decision of Council without making it clear that he/she is expressing a personal opinion, or;
v) failing to discharge one's duties in a manner that respects the dignity of individuals, including employees, and in accordance with the Human Rights Code, the Charter of Rights and Freedoms and the body of law governing the discharge of such duties.
Use of Public Property
No employee shall request or permit the use of municipal-owned vehicles, equipment, materials or property for personal convenience or profit except where such privileges are granted to the general public.
Procedure
Those governed by this policy are encouraged to seek clarification from Council if they are uncertain as to the appropriatness of their existing or contemplated conduct.
Complaints or inquiries concerning the ethical conduct of any Member of Council or Administrator shall be made in writing to Council.
All complaints or inquires shall be treated as confidential.
A copy or summary of any written or oral complaint received is to be sent immediately to the Council Member or Administrator complained about with a request to provide a written answer to the complaint.
Council shall order an investigation all complaints or inquiries concerning the ethical conduct of an individual where, in the opinion of council as expressed in a resolution, an investigation is warrented.
The Council Member or Administrator against whom the complaint is directed or who is inquiring as to the appropriateness of his/her conduct shall have the opportunity to appear before the Township Council at an in camera or public meeting at the discretion of the Council Member and/or submit a written brief prior to any decision being made.
Where the Township Council determines the conduct referred to it does breach the Code of Ethics, the complainant shall be so advised in writing and the Council may:
i) instruct the individual to divest himself/herself of any gift or benefit received in breach of this Code, to repay the value of the benefit or to transfer an amount equal t its value to a trust;
ii) if the offending individual is a Member of Council, take disciplinary action in the form of a public statement outlining Council's position and/or removeal of appointments to standing committees, or;
iii) Take any other action Council deems appropriate and within the law.