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3405 To adopt a Code of ConductTHE C.'ORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3405 A BY-LAW to adopt a Code of Conduct. WHEREAS The Town of Tillsonburg is desirous of adopting a Code of Conduct. THEREFORE the Council of the Town of Tillsonburg enacts as follows: THAT the Code of Conduct attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into force and effect upon passing. READ A FIRST AND SECOND TIME THIS 8th DAY OF February, 2010. READ A THWD AND FINAL TIME AND PASSED THIS 25tH DAY OF February, 2010. MAYOR -Stephen Molnar CLERK -Michael Graves Town of Tillsonburg Code of Conduct Policy PT 1RPOIIF The purpose of this policy is to establish guidelines for the ethical behavior of all members of Council, advisory committees and local boards of the municipality and to enhance public confidence that the Town, s elected and appointed officials are held to a high standard of conduct. It is intended only to supplement the legislative parameters within which the members must already operate. It is not intended to replace personal ethics. PR OC`'FT)1 JR F 1.0 Legislative Authority 1.1 Section 223.2 (1) of the Municipal Act, 2001 authorizes the municipality "to establish codes of conduct for members of the council of the municipality and of local boards of the municipality". 1.2 Section 223.2 (2) of the Municipal Act, 2001 further provides that "a by-law cannot provide that a member who contravenes a code is guilty of an offence". 2.0 For the Purposes of this Policy, 2.1 "Member'' shall mean all members of Council, advisory committees and local boards of the municipality. 2.2 "Town" shall mean the Town of Tillsonburg. 2.3 "Code" shall mean the Code of Conduct. 3.0 General Conduct 3.1 All Members shall serve their constituents in a conscientious and diligent manner and to the best of their knowledge and ability. 3.2 All Members shall perform their official functions and duties in a fair, impartial and transparent manner. No Member shall knowingly make a false statement; nor will a Member make a statement with the intent to mislead Council. 3.3 No Member shall use the influence of office for any purpose other than the exercise of his or her official duties. 3.4 Members shall endeavour to conduct and convey Council business in an open and public manner with the exception of those matters noted in Section 5.0 below. 4.0 Gifts and Benefits 4.1 No Member shall accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted by the exceptions listed below: 4. 1.1 Compensation authorized by by-law or by Town Personnel Policy regarding conference and training expenses or by Town Personnel Policy regarding compensation to committee members; 4.1.2 Such gifts or benefits received as an incident of protocol or social obligation that normally accompany the duties of office; 4.1.3 A political contribution otherwise reported by law; 4.1.4 Services provided without compensation by persons volunteering their time; 4.1.5 A suitable memento of a function honouring the Member; 4.1.6 Food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them or by the federal government or by a foreign country; 4.1.7 Food and beverages consumed at banquets, receptions or similar events, if: a) Attendance serves a legitimate purpose; b) The person extending the invitation or a representative of the organization is in attendance; and c) The value is reasonable and the invitations infrequent; 4.1.8 Communication to the offices of a Member, including subscriptions to newspapers and periodicals. 4.2 For the purposes of this section, a fee or advance paid to or a gift or benefit received by a Member's spouse, child, parent or staff of which the Member is aware and that is connected directly or indirectly to the performance of the Member's duties is deemed to be a gift to that Member. 4.3 If the value of the gift or benefit described above exceeds $300, or if the total value received from any one source during the course of a calendar year exceeds 300, the Member shall within 30 days of receipt of the gift or reaching the annual limit, file a disclosure with the Chief Administrative Officer. The disclosure statement must indicate: 4.3.1 nature of the gift or benefit; 4.3.2 source and date of receipt; 4.3.3 circumstances under which it was given or received; 4.3.4 estimated value; and 4.3.5 recipient's intended use of the gift. Any disclosure statements will be a matter of public record. 4.4 Except in the case of 4.1.6 above, a Member may not accept a gift or benefit worth in excess of $500 or gifts or benefits from one source during a calendar year worth in excess of $500. 5.0 Confidentiality, 5.1 All information, documentation or deliberation received, reviewed or taken in closed session meetings of Council and its committees or boards are confidential and no Member shall disclose the content of the matter or the substance of the deliberations either directly or indirectly. 5.2 Members 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 expressly authorized by Council or required by law to do so. 5.3 Members shall not permit any persons other than those who are entitled thereto to have access to information that is confidential. 5.4 Particular care should be exercised in ensuring confidentiality of the following types of information: The security of the property of the municipality or local board; A proposed or pending acquisition or disposition of land by the municipality or local board; Personnel matters about an identifiable individual; Information deemed to be "personal information" under the Municipal Freedom ofInformation and Protection ofPrivacy Act; Labour relations or employee negotiations Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Advice that is subject to solicitor -client privilege; A matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act; Information that infringes on the rights of others; Price schedules in contract tenders or Requests for Proposal submissions if so specified; and Statistical data required by law not to be released. This list provides examples only and is not exclusive 5.5 Request for information should be referred to the Director of Corporate Services/Clerk to be addressed as either an informal request for access to municipal records or as a formal request under the Municipal Freedom of Information and Protection ofPrivacy Act. 5.6 Members shall acknowledge that official information related to major decisions and resolutions made by Council will be released to the public and media by Council as a whole or by the Mayor or by the Member so designated by Council. 6.0 Use of Town Property, Services and Other Resources 6.1 No Member shall seek or obtain by reason of his or her office any personal privilege or advantage with respect to the use of Town property, equipment, supplies or services not otherwise available to the general public and not consequent to his or her official duties or associated community activities of which Council has been advised. 6.2 No Member shall obtain financial gain from the use of Town developed intellectual property, computer programs, technological innovations or other patentable items, while an elected official or thereafter. All such property remains the exclusive property of the Town of Tillsonburg. 6.3 No Member shall use information gained in the execution of his or her duties that is not available to the general public for any purpose other than his or her official duties. 7.0 Work of a Political/Personal Nature 7.1 No Member shall use Town facilities, services, or property for his or her re- election campaign or for personal business use. 7.2 No Member shall use the services of Town employees for his or her re-election campaign or for personal business during the hours in which the employees are in the paid employment of the Town. 7.3 No Member shall allow the prospect of his or her future employment by a person or entity to detrimentally affect the performance of his or her duties to the Town. 8.0 Conduct at Meetings of Council 8.1 Members shall conduct themselves with decorum at Council. All Members must show courtesy and not distract from business of Council when other Members or staff have the floor. 8.2 Members shall foster working relationships with other Members based on mutual trust and respect and shall accept the differing but complementary roles of each Member in achieving the objectives of Council. 8.3 Members shall refrain from public criticism of other Members and Town staff in a way that casts aspersions on their professional competence and credibility. 9.0 Use of Town Technology 9.1 Members shall borrow with the provisions of Personnel Policy regarding appropriate use of the Town's technological resources. 10.0 Business Relations 10.1 No Member shall borrow money from any person who regularly does business with the Town unless such person is an institution or company whose shares are publicly traded and who is regularly in the business of lending money. 10.2 No Member shall act as a paid agent before Council or a committee of Council or any board of the Town. 11.0 Conflict of Interest 11.1 All Members shall be aware of their obligation under the Municipal Conflict of Interest Aet and shall disclose any potential conflicts under the Act to Council forthwith. 11.2 No Member shall place themselves in a position of obligation to any person or organization which might benefit from special consideration or seek preferential treatment. 11.3 No Member shall give preferential treatment to or influence any administrative or Council decisions involving or affecting any person or organization in which a Member has a financial interest. 12.0 Expenses 12.1 Members shall comply with the provisions of Town Personnel Policy regarding conference and training expenses as well as Town Personnel Policy regarding compensation to committee members. 13.0 Influence on Staff 13.1 Members shall be respectful of the fact that staff work for the Town as a body corporate and are charged with making recommendations that reflect their professional expertise and corporate perspective, without undue influence from any individual member or group of Members of Council. 13.2 Members shall not attempt to direct the activities of staff. 13 . Members shall direct any criticisms of staff through the Chief Administrative Officer, 14.0 Foster Respect for the Town and its By-laws and Policies 14.1 Members shall encourage public respect for the Town and its by-laws and policies, even if they disagree with the decision of Council. 15.0 Harassment 15.1 Members shall abide by the provisions of the Ontario Human Rights Code and shall not discriminate on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, religious affiliation, sex, sexual orientation, age, marital status, family status or disability. 15.2) Harassment of another Member, staff or any member of the public is considered misconduct. It is the policy of the Town that all persons be treated fairly and with dignity and respect in the workplace in an environment free of discrimination and of personal and sexual harassment. 15.3 "Harassment" shall be defined as per Town Personnel Policy on workplace harassment and discrimination prevention. 16.0 Alcohol and Drug Use 16.1 Members shall comply with the provisions of Town Personnel Policy regarding improper use of alcohol and prescription medication as well as the banning of illicit drug use. 17.0 Complaint Process 17.1 Formal complaints by anyone about the behaviour or an activity by a member of Council, a member of an advisory committee or a member of a local board, that is prohibited by this by-law shall be submitted in writing to the CAO. The CAO shall draft a report in response to the formal complaint and such report shall be submitted to Council for consideration. If deemed necessary by the CAO a qualified external consultant shall be hired to complete a report in response to such complaint. 18.0 Interpretation 17.1 Members seeking clarification of any part of this Code should consult with the Chief Administrative Officer. Signature of Member of Council Signature of Member f Council Signature of Member of Council Signature of Member of Council Signature of Member of Council Signature of Member of Council Signature of Member of Council Date of Signature bate of Signature Date of ignature V"Ail -Z 7- .--1 b i 0 Date of Signature Date of Signature V; Date of Signature 7- 1, Date of Signature