3504 Code of Conduct - To adopt a Code of Conduct and Repeal Bylaw 3405Town of Tillsonburg Code of Conduct Policy
PURF3SE
The p arpose of this policy is to establish guidelines for the ethical behavior of all members of Council,
advise »ry committees and local boards of the municipality and to enhance public confidence that the
Towri s elected and appointed officials are held to a high standard of conduct. It is intended only to
suppb ment the legislative parameters within which the members must already operate. It is not intended
to rep ace personal ethics.
PROCEDURE:
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 of Information and Protection of Privacy 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 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 of Privacy 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.
5.7 Communications, Media Relations, and Confidentiality not limited to Closed
Session Meetings of Council
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.
Members of Council shall understand that the deliberations and discussions of
Council which take place before the public in Open Session meetings are
available for public consumption. However, discussions and deliberations which
take place outside of this context, including but not limited to subcommittees of
Council, joint committees comprised of both staff and Councillors, and ad hoc
committees of Council, are not always considered as open to the public. As such,
discussions and deliberations which take place in such a context are to be
respected as confidential, and not for disclosure to the public. For clarity, while
the final decisions of subcommittees, ad hoc committees, and joint staff/council
committees (and other such bodies) are to be disclosed accurately and adequately
to the public in an open council meeting , the deliberations which led to such
decisions are to be respected as confidential.
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 Act 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.
13.3 Members shall direct any concerns 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 Violence & Harassment
15.1 Members shall abide by the provisions of the Ontario Human Rights Code and Bill
168, amendment to the Ontario Health & Safety Act. Members 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. Members shall not engage in unwarranted comment or conduct
against another member that is known or ought to be known to be unwelcome.
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
18.1 Members seeking clarification of any part of this Code should consult with the Chief
Administrative Officer.
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