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3979 Schedule 'A' - Code of ConductTHE CORPORATION OF THE TOWN OF TILLSONBURG .III/IIIIIICCJU .. ,,.,;/-........ ~ ==·-/lb~ ,;t:2-·fll. ~-5;?.~ I' Q ·v APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form 1. Policy Statement Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council (comprising the Mayor, Deputy Mayor and Councillors) 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. They are also expected to carry out their duties in a fair, impartial, transparent and professional manner. Purpose A Code of Conduct will reinforce the Town of Tillsonburg's Accountability and Transparency Policy and other relevant legislation within which all Members of Council, Local Boards and Advisory Committees must operate. The Code of Conduct serves to enhance public trust and improve the quality of public administration and governance by encouraging high standards of conduct on the part of all government officials, ensuring that those Members share a common standard of integrity through adherence to its principles. liP age THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES Scope CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form The Code of Conduct is intended to supplement and be compatible with the laws governing the conduct of Members. The key principles include: • Members to whom this Code of Conduct applies shall serve in a conscientious and diligent manner; • Members shall be committed to performing their functions with integrity without using the influence of their office; • Members shall avoid all conflicts of interest; • Members are expected to perform their duties of office and to arrange their private affairs in a manner that promotes public confidence and will bear close legal and public scrutiny; • Members are responsible for making honest statements and shall not make any statement when they know that statement is false, or with the intent to mislead other Members or the public; and, • Members shall serve the public interest by upholding the laws and policies established by the Federal Parliament, Ontario Legislature, and the laws and policies adopted by the Town. 21Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form This Code of Conduct is intended to provide a guideline for elected officials in exercising their policy-making role having regard to the statements and ideals as enunciated hereunder. 2. DEFINITIONS In the Code of Conduct, the terms "child", "parent" and "spouse" have the same meanings as in the Municipal Conflict of Interest Act. "Advisory Committee" means a committee established by Council to advise on matters which Council has deemed appropriate for the committee to provide recommendations for Council's review, including any ad hoc, subcommittee or task force. "Clerk" means the Municipal Clerk for the Corporation of the Town of Tillson burg. "CAO" means the Chief Administrative Officer for the Town of Tillsonburg. "Code of Conduct" means the "Town of Tillsonburg Code of Conduct for Members of Council, Local Boards and Advisory Committees". 3jPage THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule 8 -Formal Complaint Form "complainant" means a person who has filed a complaint under the Code of Conduct. "complaint" means a purported contravention of the Code of Conduct. "Council" means the council ofthe Town of Tillsonburg. "Integrity Commissioner" shall mean an Integrity Commissioner who may be appointed by the Council to provide independent and consistent complaint investigation and resolution respecting the application of the Code of Conduct. "Immediate relative" shall mean a parent, spouse, child, sister, brother, sister-in- law, brother-in-law, daughter-in-law, son-in-law, father-in-law, mother-in-law as well as step-relationships and half-relationships; spouse shall mean the person to whom a person is married or with whom the person is living in a conjugal relationship outside of marriage; this definition shall also include any other person(s) that are living with the employee on a full-time basis whom the member/employee (appropriate to the document) has demonstrated a settled. intention to treat as an immediate relative. 41Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form "Local Board" shall mean one of the following boards quasi-judicial committees established by the Council: • Downtown Tillsonburg Business Improvement Area (BIA) Board of Management • Tillsonburg Police Services Board • Property Standards Appeal Committee • Committee of Adjustment "Member of Council" or "Member'' means any person duly elected or appointed to serve on the Council of the Town of Tillsonburg, Committee or Local Board. "Town" means The Corporation of the Town ofTillsonburg. Any reference in this Code of Conduct to a statute, regulation, by-law, guideline, policy or other enactment shall be deemed to include any amendment, replacement, successor or consolidation of such statute, regulation, by-law, guideline, policy or other enactment. 5JPage THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form 3 STATUTORY PROVISIONS REGULATING CONDUCT This Code of Conduct operates along with and as a supplement to the existing statutes governing conduct. The following federal and provincial legislation governs the conduct of Members of Council: • Municipal Act • Municipal Conflict of Interest Act • Municipal Elections Act • Municipal Freedom of Information and Protection of Privacy Act • Provincial Offences Act • Human Rights Code • Criminal Code • By-laws and policies of Council as adopted and amended from time to time, including but not limited to the Procedural By-law and the Tillsonburg Purchasing Policy. 61Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES 4. APPLICATION CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form This Code of Conduct shall apply to all Members of Council, Committees and Local Boards. 5. CONDUCT AT MEETINGS Members shall conduct themselves with decorum at all meetings in accordance with the provisions of the Town's Procedural By-law or the applicable procedural by-law of that Local Board. Respect for delegations, fellow Members and Staff requires that all Members show courtesy and not distract from the business of the Town during presentations and when other Members have the floor. Use of electronic equipment during meetings should be limited for use/access for meeting purposes. 6 TRANSPARENCY AND OPENNESS IN DECISION MAKING Members will conduct and convey Council or Local Board business in an open and public manner so that the process, logic and rationale which were used to reach conclusions or decisions are available to the stakeholders. 71Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form 7. IMPROPER USE OF INFLUENCE No Member shall use the influence of his or her office for any purpose other than for the exercise of his or her official duties. Examples of prohibited conduct are the use of one's status as a Member to improperly influence the decision of another person to the private advantage of oneself or immediate relative, staff members, friends, or associates, business or otherwise. This includes attempts to secure preferential treatment beyond activities in which Members normally engage on behalf of their constituents as part of their official duties. Prohibited conduct also includes the holding out of the prospect or promise of future advantage through a Member's supposed influence within Council or the Local Board in return for present actions or inaction. For the purposes of this provision, "private advantage" does not include a matter that: a) is of general application; b) affects a Member, his or her immediate relative, staff members, friends, or associates, business or otherwise as one of a 'broad class of persons' (such SIP age THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REV,S,ON DATE: Schedu'e A -Disc,osure Statement Schedu'e B • Forma' Comp,aint Form as taxation which affects residents, owners or tenants of land within the Town as a whole); or c) concerning the remuneration or benefits of a Member as a Member of Council of a Local Board. 8. DISCREDITABLE CONDUCT All Members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation. All Members shall ensure that their work environment is utterly free and completely devoid of discrimination, and personal and sexual harassment. 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. Members shall refrain from public criticism of other members and Town staff in a way that casts aspersions on their professional competence and credibility. The Ontario Human Rights Code applies, as does the Town's Discrimination and Harassment-Free Workplace Policy which recognizes the right of every employee to work in an environment that is free from discrimination and harassment, by the 91Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form employer, agent of the employer, another employee, or any other person with whom s/he comes into contact in the normal performance of his/her duties. Members shall abide by the provisions of the Human Rights Code, and, in doing so, shall treat every person, including other Members, employees, and individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect. In accordance with the Human Rights Code, Members shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, or disability. In accordance with the Human Rights Code, harassment means engaging in a course of vexatious comments or conduct that is known or ought reasonably to be known to be unwelcome. Without limiting the generality of the foregoing, Members shall not: a) make inappropriate comments or gestures to or about an individual where such conduct is known or ought reasonably to be known to be offensive to the person(s) to whom they are directed or are about; 10 I Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form b) display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; c) make threats or engage in any abusive activity or course of conduct towards others; d) vandalize the personal property of others; e) commit assault of any kind, including making unwanted physical contact, including touching, patting, or pinching; or f) refuse to converse or interact with anyone based on any ground listed in the Human Rights Code. 9. CONDUCT RESPECTING STAFF Members shall acknowledge that only Council or the applicable Local Board as a whole has the authority to approve budget, policy, processes and other such matters unless such authority has been delegated. Members shall direct requests outside of Council or Local Board approved budgets, processes or policies, to the appropriate Committee or Chief Administrative Officer of the Corporation. Under the direction of the Chief Administrative Officer, Staff serve the Council or the Local Board as a whole, and the combined interests of all Members as evidenced lljPage THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form through the decisions of Council or the Local Board. Members shall be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any individual Member or faction of the Council or the Local Board. Accordingly, no Meniber shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of staff, and all Members shall show respect for the professional capacities of staff. No Member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities. No Member shall use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any staff member with the intent of interfering with that person's duties, including the duty to disclose improper activity. Members and staff shall be respectful of each other's time and arrange appropriate opportunities to discuss matters before formal meetings, where possible, which can be included and/or further discussed at the meeting. In practical terms, there are distinct and specialized roles carried out by Council or the Local Board as a whole and by Members when performing their duties. The key requirements of these roles include dealing with constituents and the general public, participating as Committee Members, and participating as Council 121Page THE CORPORATION OF THE TOWN OF TILLSON BURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form representatives on agencies, boards, commissions and other bodies. Similarly, there are distinct and specialized roles expected of Town staff in both the carrying out of their responsibilities and in dealing with the Council or the Local Board. 10 COMMUNICATIONS AND MEDIA RELATIONS Members will attempt to accurately and adequately communicate the attitudes and decisions of Council or the Local Board, even if they disagree with a majority decision of Council or the Local Board so that: a) there is respect for the decision making processes of Council or the Local Board; b) official information related to decisions and resolutions made by Council or the Local Board will normally be communicated in the first instance to the community and the media in an official capacity by the Mayor/Chair or designate; c) information concerning adopted policies, procedures and decisions of the Council or the Local Board is conveyed openly and accurately; and d) confidential information· will be communicated only when and after determined by Council or the Local Board. 13JPage THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form 11 CONDUCT REGARDING CURRENT & PROSPECTIVE EMPLOYMENT 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 or the Local Board. 12 CONFIDENTIAL INFORMATION Confidential information includes information in the possession of, or received in confidence by the Town or the Local Board that the Town or the Local Board is either prohibited from disclosing, or is required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act (referred to as "MFIPPA"), or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties that is of a corporate, commercial, scientific or technical nature and is provided expressly or implicitly in confidence, information that is personal, and information that is subject to solicitor- client privilege. 141 Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form The Municipal Act, 2001 allows information concerning personnel, labour relations, litigation, property disposal and acquisition, the security of the property of the municipality or a local board, and matters authorized on other legislation, to remain confidential. For the purposes of the Code of Conduct, "confidential information" also includes this type of information. No Member shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, except when required by law or authorized by Council or the Local Board to do so. Nor shall Members use confidential information for personal or private gain, or for the gain of immediate relatives or any person or corporation. Under the Town's Procedural By-law, a matter that has been discussed at an in- camera (closed) meeting remains confidential. No Member shall disclose the content of any such matter, or the substance ofdeliberations, of the in-camera meeting until the Council or committee or the Local Board discusses the information at a meeting that is open to the public or releases the information to the public. The following are examples of the types of information that a Member must keep confidential: lSI Page THE CORPORATION OF THE TOWN OF TILLSONBURG ==llflll/llllll.(]l #~ J'.,,f 1 ~.9 ~~ a;~: Q ·u CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A-Disclosure Statement Schedule B -Formal Complaint Form • items under litigation, negotiation, or personnel matters; • information that infringes on the rights of others (e.g., sources of complaints where the identity of a complainant is given in confidence); • information deemed to be "personal information" under MFIPPA; and The above list is provided as an example and is not exclusive. Requests for information will be referred to Municipal Clerk to be addressed as either an informal request for access to municipal records, or as a formal request under MFIPPA. Members should not access or attempt to gain access to confidential information in the custody of the Town or the Local Board unless it is necessarv for the performance of their duties and not prohibited otherwise. 13 GIFTS AND BENEFITS Members shall not 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. 161 Page THE CORPORATION OF THE TOWN OF TILLSONBURG · APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: ·Schedule A -Disclosure Statement Schedule B -Formal Complaint Form For these purposes, a fee or advance paid to or a gift or benefit provided with the Member's knowledge to an immediate relative, friends, or associates, business or otherwise or to a Member's staff that is connected directly or indirectly to the performance of the Member's duties is deemed to be a gift to that Member. The following are recognized as exceptions: a) compensation authorized by by-law; b) such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation; c) a political contribution otherwise reported by law, in the case of Members running for office; (i.e. disclosure related to election campaign contributions that are required to be otherwise reported.) d) services provided without compensation by persons volunteering their time; e) a suitable memento of a function honouring the Member; f) food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them, by the Federal government or by a foreign government within a foreign country, or by a conference, seminar or event where the Member is either speaking or attending in an offiCial capacity; 171Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B • Formal Complaint Form g) food and beverages consumed at banquets, receptions or similar events, if: i. attendance is resultant to protocol or social obligations that accompanies the responsibility of office; ii. the person extending the invitation or a representative of the organization is in attendance; and iii. the value is reasonable and the invitations infrequent; and h) communication to the offices of a Member, including subscriptions to newspapers and periodicals. In the case of categories (b), (e), (f), (g) and (h), if the value of the gift or benefit exceeds $200, or if the total value received from any one source over a twelve (12) month period exceeds $200, the Member shall within thirty (30) days of receipt of the gift or of reaching the annual limit, file a disclosure statement with the Clerk. The disclosure statement (see Schedule A) must indicate: 1. the nature of the gift or benefit; 2. its source and date of receipt; 3. the circumstances under which it was given or received; 4. its estimated value; 5. what the recipient intends to do with the gift; and 181 Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Discl.osure Statement Schedule B -Formal Complaint Form 6. whether any gift will at any point become the property of the Town. All disclosure statements will be a matter of public record. On receiving a disclosure statement, the Clerk shall make the disclosure statement public. If a member of the public believes the Member has not conformed to the requirements of the Code of Conduct with respect to accepting gifts and benefits, he or she may request the Chief Administrative Officer examine the statement to ascertain whether the receipt of gift or benefit might, in his or her opinion, create a conflict between a private interest and the public duty of the Member. In the event that the Chief Administrative Officer makes that preliminary determination, he or she shall call upon the Member to justify receipt of the gift or benefit. Should the Chief Administrative Officer determine that receipt was inappropriate, s/he may direct the Member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, or forfeit the gift or remit the value of any gift or benefit already consumed to the Town. 19IPage THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form Except in the case of (a), (c) and (f), a Member may not accept a gift or benefit worth in excess of $500 or gifts and benefits from one source during a calendar year worth in excess of $500, unless it falls within the exemption. 14 PROFESSIONAL DEVELOPMENT Members have an obligation to promote, support, pursue and partake in opportunities for professional development, including but not limited to: • AMO Conferences • Federal Canadian Municipalities (FCM) • Ontario Small Urban Municipalities (OSUM) • Ministry of Municipal Affairs and Housing Seminars • Provincial Professional Association Training Institutes (OGRA, AMCTO, etc.) • Provincial Municipal Council orientation sessions 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. 201Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form 15 USE OF TOWN PROPERTY, SERVICES AND OTHER RESOURCES Members should not use, or permit the use of Town or Local Board property, land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Town or Local Board. Members are required to follow the provisions of the Municipal Elections Act, 1996 with respect to elections. Members shall not use the property, land, facilities, equipment, supplies, services or other resources of the Town or the Local Board (including but not limited to Councillor newsletters and websites linked through the Town's website) for any election campaign or campaign-related activities. No Member shall undertake campaign-related activities on Town property during regular working hours unless permitted by Town policy (e.g., all candidates meetings). No Member shall use the services of persons for election-related purposes during hours in which those persons receive any compensation from the Town or the Local Board. 16. PUBLIC INPUT 211 Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form Council will periodically use formal and informal opportunities to seek public input as a component of the decision making process which have broad impacts on the community. The purpose of the exercise will be to provide stakeholders with a mechanism to provide opinions and advice so that the widest range of views and information is available before final decisions are made. 17. IMPLEMENTATION At the beginning of each term, Members of Council will be expected to sign the Code of Conduct to convey to each other and all stakeholders that they have read, understand and accept it. A Code of Conduct component will be included as part of the orientation workshop for each new Council. Council Members are expected to formally and informally review their adherence to the provisions of the Code on a· regular basis or when so requested by Council. 221Page THE CORPORATION OF THE TOWN OFTILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form 18. COMPLAINT PROTOCOL If an Integrity Commissioner is appointed by the Town, the following complaint protocol applies. The Integrity Commissioner will only enforce the Code of Conduct with respect to members of Council. If an Integrity Commissioner is not appointed, the Town's Chief Administrative Officer and the Mayor shall fill that role. It shall be noted that anywhere an Integrity Commissioner is referred to in the complaint process and one has not been appointed, the role shall be filled by the Town's Chief Administrative Officer (GAO) and Mayor. Any individual, organization, Town or Local Board employee, and Member, who has reasonable grounds to believe that a Member has breached a provision of the Code of Conduct, may file a complaint. Complaints must be submitted within six (6) weeks of the matter first becoming known to the complainant and cannot be filed more than six (6) months after the alleged violation occurred. No action will be taken on a complaint received beyond either of the foregoing deadline. A complainant does not have to pursue the informal complaint process set out in Section 18.1 prior to proceeding with the formal complaint process set out in Section 18.2. 231Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form 18.11nformal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct are encouraged to address his or her concerns in the following manner: a) Advise the Member that their behaviour or activity contravenes the Code of Conduct; b) Encourage the Member to stop the prohibited behaviour or activity; c) If applicable, confirm to the Member his or her satisfaction or dissatisfaction with the Member's response to the concern identified; d) If not satisfied with the response received through the informal process, an individual may proceed with a formal complaint through the Integrity Commissioner/CAO/Mayor as outlined in Section 18.2. Any individual filing a complaint should keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. 241Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form 18.2 Formal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct may address his or her concerns through the formal complaint process set out below: a) all formal complaints must be made using the Complaints Form I Affidavit (see Schedule "B") and shall be dated and signed by the complainant; b) the complaint must include a concise explanation as to why the issue raised may be a contravention of the Code of Conduct and any and all evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) the Complaint Form/Affidavit must include the name of the Member alleged to have breached the Code of Conduct, the section of the Code of Conduct allegedly contravened, the date, time and location of the alleged contravention and any and all other information as required on the Complaint Form/Affidavit; e) the complaint shall be filed with the Integrity Commissioner who shall confirm that the information is complete as to a}, b), c) and d) of this section; 251Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form f) The Integrity Commissioner will determine whether the matter is, on its face, a complaint with respect to compliance with the Code of Conduct and is not covered by any other applicable legislation or policy; and g) the Integrity Commissioner may, but shall not be obligated, to request additional information from the complainant. 18.3 Response of Integrity Commissioner of Complaint outside Jurisdiction If the complaint received by the Integrity Commissioner is deemed not to be a complaint with respect to the Code of Conduct, the Integrity Commissioner shall advise the complainant in writing as follows: a) Criminal Matter -if the complaint is an allegation of a criminal nature consistent with the Criminal Code, that pursuit of such an allegation must be made through the appropriate police service; b) Municipal Conflict of Interest-if the complaint is an allegation with respect to matters under the Municipal Conflict of Interest Act, then the matter should be pursued in accordance with the Act through a court application; c) Municipal Freedom of Information and Protection of Privacy -if the complaint is more appropriately addressed under the Municipal Freedom of 261Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: · Schedule A-Disclosure Statement Schedule B -Formal Complaint Form Information and Protection of Privacy Act, then the matter will be referred to the Municipal Clerk for review under statute; and d) Discrimination or Harassment -if the complaint is an allegation of discrimination or harassment, then the complaint should be filed directly with the Human Resources Department. The person will also be advised of his or her right to advance an application to the Ontario Human Rights Tribunal. If the matter is covered by other policies with a complaint procedure or legislation, the complainant will be advised and directed to proceed in a manner as considered appropriate by the Integrity Commissioner. 18.4 Refusal to Conduct an Investigation If upon review of a complaint, the Integrity Commissioner is of the opinion that the complaint is frivolous, vexatious or not made in good faith, or that there are not sufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this determination in writing to the complainant and the Member identified in the Complaint Form/Affidavit. 18.5 Opportunity for Resolution 271 Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES UJ. l rr.k CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form If at any time, following the receipt of a formal complaint or during the investigation process, the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the Member agree, efforts may be made to achieve an informal resolution. 18.6 Investigation If the Integrity Commissioner determines that a formal investigation is required s/he shall proceed in the following manner, subject to the Integrity Commissioner's ability to elect to exercise the powers of a commissioner under ss. 33 and 34 of the Public Inquiries Act, 2009, as contemplated by subsection 223.4(2) of the Municipal Act, 2001, at which time the identity of the person filing the complaint is no longer considered confidential. The Integrity Commissioner shall provide a copy of the complaint, and any supporting materials, to the Member whose conduct is in question, with a request that a written response to the allegation be provided to the Integrity Commissioner within fourteen (14) days. 281Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form The Integrity Commissioner shall give a copy of the response, provided by the Member, to the complainant, with a request for a written reply within fourteen (14) days. If necessary, after reviewing the submitted materials, the Integrity Commissioner may speak to anyone, access and examine any other documents or electronic materials, and may enter any Town or Local Board work location relevant to the complaint for the purpose of investigation and potential resolution. The Integrity Commissioner may make interim reports to Council where necessary and as required to address any issues of interference, obstruction, delay or retaliation encountered during the investigation. At any time the complainant may abandon the request for an investigation and the Integrity Commissioner will cease his or her investigation. 18.7 No Complaints or Reports Prior to Election If the Integrity Commissioner receives a complaint between nomination day as defined in the Municipal Elections Act, 1996 and the date of the inaugural meeting of Council in any year in which a regular municipal election will be held respecting a 291 Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form Member who is seeking re-election and he is of the opinion that it is politically motivated, he may stay the investigation until after the inaugural meeting of the newly-elected Council and shall not be required to adhere to the time calculation referred to in Section 18. 18.8 Confidentiality of Complaint Documents The Integrity Commissioner and every person acting under his or her instructions shall preserve the confidentiality of all documents, material or other information, whether belonging to the Town or not, that come into their possession or to their knowledge during the course of their duties as required by section 223.5 of the Municipal Act, 2001 Pursuant to section 223.5(3) of the Municipal Act, this section prevails over the Municipal Freedom of Information and Protection of Privacy Act. When the Integrity Commissioner reports to the Council on an investigation into an alleged breach of the Code, the report shall only disclose such information that in the Integrity Commissioner's opinion is required for the purposes of the report. 301Page THE CORPORATION OF THE TOWN OF TILLSONBURG =~~~....r~GHl ~· .L ·cry D a;~~ '171 LT.-r ...... It ·v CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A -Disclosure Statement Schedule B • Formal Complaint Form When the Integrity Commissioner issues an annual or other periodic report to Council on his or her activities, the Integrity Commissioner shall summarize the advice he or she has given, but the report shall not disclose confidential information that could identify a person concerned in the case of informal complaints or those formal complaints that have been dismissed and did not proceed to a formal investigation. 19 REPORTING AND GENERAL COMPLIANCE 19.1 Recommendation Report Upon completion of an investigation, the Integrity Commissioner may report to the complainant and the Member on the results of his or her review within ninety (90) days of receiving a complete Complaint Form! Affidavit. If the investigation process is going to take more than ninety (90) days, the Integrity Commissioner shall provide an interim report to the complainant and Member indicating when the complete report will be available. 311 Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form If upon completion of the investigation the Integrity Commissioner finds that a breach of the Code of Conduct has occurred, the Integrity Commissioner shall report his or her findings to Council including a recommendation as to the imposition of a penalty, as set out in subsection 223.4(5) of the Municipal Act, 2001. The Council may impose either of the following penalties on a Member if a report by the Integrity Commissioner determines that the Member has violated the Code of Conduct: a) A reprimand; or b) A suspension of the remuneration paid to the Member in respect of his or her· services as a Member of Council or a Local Board, as the case may be, for a period of up to ninety (90) days. The Integrity Commissioner shall provide the Member who is the subject of the complaint with notice in writing of the proposed finding and any recommended sanction at least ten (10) days prior to the report being provided to the Municipal Clerk. An opportunity to comment shall be provided to the Member on the proposed finding and any recommended sanction prior to the report being published. 321Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES 19.2 Annual Report CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form The Integrity Commissioner's annual report shall consist of: a) All informal and formal complaints dismissed by the Integrity Commissioner; b) All complaints received not within the jurisdiction of the Integrity Commissioner; c) All formal complaints that underwent a formal investigation and conclusions; and d) A cost breakdown with respect to services provided within the reporting year by the Integrity Commissioner. The annual report shall be provided not less than sixty (60) days after December 31 of the calendar year that is being reported. 19.3 Failure to adhere to Council Policies and Procedures A number of the provisions of this Code of Conduct incorporate policies and procedures adopted by Council. More generally, Members are required to observe the terms of all policies and procedures established by Council, as the case may be. However, this provision does not prevent a Member from requesting that Council grant an exemption from a policy, other than this Code of Conduct. 331Page THE CORPORATION OF THE TOWN OF TILLSONBURG = __ t/11161C(Jilr,~:ull "nl D a/Jk.e;~.£1 .~ I' Q 'U" APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form 19.4 Reprisals and Obstructions Members should respect the integrity of the Code of Conduct and investigations conducted under it. Any reprisal or threat of reprisal against a complainant or anyone for providing relevant information to the Integrity Commissioner is strictly prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner in the carrying out of his or her responsibilities. 19.5 Duty of Council Council shall consider any report submitted by the Integrity Commissioner within thirty (30) days of it being received by the Municipal Clerk and shall take the action it considers appropriate with regard to the recommendation(s) of the Integrity Commissioner as described in Section 19.1 of the Code of Conduct. 19.6 Acting on Advice of the Integrity Commissioner Any written advice given by the Integrity Commissioner to a Member binds the Integrity Commissioner in any subsequent consideration of the conduct of the 341Page THE CORPORATION OF THE TOWN OF TILLSONBURG ==!1":1. ac:J ~,~~;.'L ~.~. /' u ·v APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A-Disclosure Statement Schedule B -Formal Complaint Form Member in the same matter as long as all the relevant facts known to the Member were disclosed to the Integrity Commissioner. 19.7 Integrity Commissioner Vacancy Should the office of Integrity Commissioner be vacant, the Code of Conduct remains in effect and all Members shall continue to abide by the provisions set out therein. When a vacancy occurs, all formal complaints shall be heard by the Chief Administrative Office (CAO) and the Mayor until such time as a new Integrity Commissioner has been appointed. If the municipality has not appointed an Integrity Commissioner, the default complaint investigator shall be the CAO and Mayor for the Town of Tillsonburg. 20 ROLES OF INTEGRITY COMMISSIONER a) Review the Code of Conduct and other Town policies and procedures relating to the ethical behaviour of Council, as requested, to ensure they continue to meet the needs of the Town. b) Provide educational training to members of Council on its Code of Conduct and matters of integrity, as requested; 351Page THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES CODE OF CONDUCT REVISION DATE: Schedule A -Disclosure Statement Schedule B -Formal Complaint Form c) Provide advice to members of Council, in respect of its Code of Conduct either collectively or individually (at the members expense as budgeted) and assisting with the general interpretation of the Municipal Conflict of Interest Act, as required; d) Investigate and report on complaints and alleged breaches of the Code of Conduct. It shall be noted that if an Integrity Commissioner has not been appointed the GAO and the Mayor shall not be required to fill the role of (b) and (c) as indicated above. 361Page Schedule 'A' -Disclosure Statement Section 13 of the Code of Conduct regarding the acceptance of gifts and benefits, requires Members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or benefit exceeds $200 or if the total value of gifts and benefits received from one source in a calendar year exceeds $500. This Disclosure Statement is to be used to report on such gifts and benefits and shall be filed with the Clerk within 30 days of receipt of such gift or benefit, or upon reaching the annual limit. Disclosure Statements are a matter of public record. Nature of Gift or Benefit received: Source of Gift or Benefit: Circumstances under which Gift or Benefit receive<;!: Intended use of the Gift or Benefit (i.e. will be donated/provided to the Town): Estimates Value of Gift or Benefit: $. ________________ __ Date Gift or Benefit was received: ___________________ (MM/DDNR) Signature of Member Date Schedule '8' Formal Complaint Form/Affidavit I, (full name) of the Town of Tillsonburg, in the Province of Ontario do solemnly swear (affirm and declare) that the following contents of this affidavit as subscribed by me are true and correct: Permanent place of residence:------------------------------ Mailing address (if different from above):------------------------- I have personal knowledge of the facts as set out in this Affidavit because: (insert reasons e.g. I work for ... I attended a meeting at which ... etc.) I have reasonable and probable grounds to believe that---..,.,:---:=--:--:-:::--:---:--:-:-:-(specify name of Member in question) has contravened section(s) of the Code of Conduct of the Town of Tillson burg. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please use the attached Schedule "A" form and check the applicable box below.) Schedule A attached 0 Yes o No This affidavit is made for the purpose of requesting that this matter be reviewed by the Town of Collingwood appointed Integrity Commissioner and for no other purpose. Sworn (or Affirmed) before me at the Town of Tillson burg, in the County of Oxford, in the Province of Ontario on the ____ day of __________ , ___ _ A Commissioner, etc. Signature of Complainant (to be witnessed by Commissioner) NOTE: This is a sworn (affirmed} affidavit of the deponent only. No investigation has been conducted by this authority to confirm or verify the above sworn information. THE CRIMINAL CODE OF CANADA provides that: everyone commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years (sections 131, 132} or by summary conviction (section 134}. Signing a false affidavit may expose you to prosecution under section 131 and 132 or 134 of the Criminal Code, R.S.C 1985, c. C-46 and also to civil liability for defamation. Schedule B -Additional Information to Formal Complaint Form I Affidavit Below is additional information to Appendix B -Formal Complaint Form I Affidavit. If more than one page is required, please photocopy this blank page and mark each additional page as 2 of 2, 2 of 3, etc. at the top right comer. This Schedule A referred to in the Affidavit of-------------(full name) sworn (or affirmed) before me on this _ _;_ __ day of __________ ~ ------ A Commissioner for taking affidavits, etc. The personal information collected on this form is collected under the authority ofthe Municipal Act, as amended, and will be used to and is used solely for the purposes related to the complaint, the investigation and subsequent report therein. Questions about this collection should be addressed to the Town Clerk, 519-688-3009 ext, 3224.