SCHEDULE"A" North Algona Wilberforce Township COUNCIL CODE OF CONDUC 0 2001, which provides consider appropriate and icipal issues, the Corporation of NORTH ed By-law 2015 - on May 19", 2015 which sia Wilberforce Township -Council Code of municipaities with the authority to enhance their ability to res ALGONA WILBERFORCE TOWNS} adopted this document, being the 'N Conduct" ‘Opduct’ applies to and binds all members of ed by signature by members of Council ability to govern the affairs of NORTH ALGONA, ind enhance the accountability and transparency of the Page 4 of 22 C-}3.!8TABLE OF CONTENTS SECTION 1.. PURPOSE... SECTION2. COUNCIL & STAFF - ROLES & RESPONSIBILITIES... 4. Legislated Responsibilities - Municipal Act, 2001 2. Interactionwith Statt.. 3. Statutory Provisions Regulating Conduct . 9 SECTION 3. 10 STANDARDS OF CONDUCT..... 10 4. Rules or Etiquette - Meetings: 10 2. Rulesof Etiquette - Public Inquitie 10 3. Interpersonal Be| 4. Other Behaviour SECTION 4. CONFIDENTIALITY. SECTION 5 INTEGRITY COMMISSIONER INVESTIGATION 19 SIGNATURE...... ae CRISSECTION 1 PURPOSE ‘The Code of Conduct sets minimum standards for the behaviour of Council members (including ‘the Mayor) incarrying out their functions. It has been developed to assist Council to: 1. Understand the standards of conduct that are expected of them and the law that applies in relation to these standards; 4. Identify and resolve situations which might invol potential misuse of position and authority. The Code of Conduct, in addition to other TOWNSHIP pic id policies, becomes the tool by which an Integrity Commissioner pro investigations. Page 6 of 22 ai aSECTION 2 COUNCIL & STAFF - ROLES & RESPONSIBILITIES The role of Council and Staff is traditionally one of the first items to be clarified for a new Council. Clearly defined roles, distinguishing between the concepts of "governance" and "management", are critical to the success of a municipality. It should be reinforced at the outset that Council sets the policy for the community; it does not participate in the daily operations of the municipality. 1. Legislated Responsibilities - Municipal Act, 2001 Itis the role of Council, a) toreoresent the public and to consider the well-bel community; b) to develop and evaluate the policies and pi @ ) to determine which services the m d) to ensure that administrative the decisions of Council; Itisthe role of the Head of & a) toact owe b) to preside, over ment Council's decisions and establish administrative practices and procedures to carry out Council's decisions; b) toundertake research and provide advice to Council on the policies and programs of the municipality; and ©) tocary out other duties required under this and any other Act and other duties assigned by the municipality. Page 7 of 22, 0.3.152 a) ») Interaction with Staff Townsh'p Council will work diligently at creating a positive working relationship between Council and Staff. To a large degree this will be successful as a result ‘of mutual respect for each other's roles and respon: ies, Only township Council asawhole acting as a body, can dictate that staff perform such duties as are necessary to the efficient management of the affairs of the community, and/or research such matters as the Council deems necessary. Individual Council Heads or staff. The Role of the Clerk and the Department Heads is to direct the day t Clerk, Department management of the municipality, and assign duties to the staff placed under heir supervision. To encourage the efficient management of t7e.community, i Council mambers are requested to be cognizant of that fact and are adyised-of the following: i) Council will respect and adhere to rae ny Col a and will under no circumstances take i upon themselvés\to ou nt ‘ staff to circumvent established Policies. Only Cquncil, at a\formal theeting, has authority to amend policies. /< ae ii) Council, as a body, and as indi ii) Questions Heads only. This e@quifin of information Wit been assigned the meeting times, procedures, \dividual Councillors. Should information be required by individual Cound! members, a request should be made of the appropriate Department Head, who will then decide which staff member will obtain the data. In the extended absence of the Department Head, or in the case of an urgent matter where the Department Heads is not available, inquiries should be directed through the Administrative Assistants. Page 8 of 22, 0.1315vi) Provincial downloading, and municipal downsizing, has resulted in each municipal staff person being asked to perform a substantial workload. When attending at TOWNSHIP Office, Council members should respect the fact that these are busy people. Placing staff members in the awkward position of having to explain to their Department Heads why they are not getting their assigned work done is not appropriate behaviour for a Councillor. By taking up an inordinate amount of their time engaging in conversation is unfair to the employee. Ongoing e- mail, and/or frequent telephone chats are equally time consuming and will be discouraged as well. 3. Statutory Provisions Regulating Conduct conduct of members of Cour + The Municipal Conflict of Interest Act: Page 9 of 22 2.15SECTION3 STANDARDS OF CONDUCT 1. Rules of Etiquette-Meetings a) The professional and personal conduct of members of Council must be above reproach and avoid even the appearance of impropriety. Councillors shall refrain from abusive conduct, personal charges, verbal attacks or gossip upon the character or motives of municipal employees, Councillors, committee appointees or the public. All dealings between Council, committee appointees, municipal employees and the public are to exhibit a high degree of p nalism and are of paramount importance. b) The Chairperson should never allow Councillors or delegations at\Godcil or Committee of the Whole to publicly criticize identifiable employees it is the responsibility of the Chair to ensure that both parligmentary proceduré and rules of etiquette are observed by those inattendance. dural by-law, (which ort on the status of or task force that the ©) Councillors may make reports in a at this time states that any council any issue currently under cg 2. V matters should encourage the party to contact the @ Department for review/resolution. Page 10 of 22 0.3 5S,Where the member of the public is reluctant to contact the department directly, the Member of Council should take the person's name, phone number and details of the inquiry/complaint and advise them that the matter willbereferred to the appropriate Department Heads for review/resolution. b) fa member of the publicapproaches a Councillor with an enquiry concerning policy issues decided by the Council, they should be requested to put the issue in writing to Council and forward it to the Clerkso that it can be considered atthe next appropriate meeting, ©) Where the member of the public is reluctant to put th Members of Council may request the issue be placed on a a 3. Interpersonal Behaviour of Members of Council a) Treat Every Person with Dignity, Understanding Members of Councilshal abide by the provisions of in doing so, shall treat every person, inéfudin® ot corporate employees, individuals p¥oyiding ‘seryices on ar luman Rights Code and, Members of Council, tract for service, jent that is safe and free students or placements, and the publi yt a rere and respect nN for the right to equality andthe right’ from harassment and discrimination b) Notto Discriminate In accordance with they discriminate against, an hon the basis of their race, ancestry, place of origin, colour, ethnic origin ci enshiea ious affiliation or faith, sex, sexual orientation, ie age, record of stucco ity", "family status", "record of offences’ fe as defined in the Human Rights Code. psychological abuse. Often verbal and strategi ¥s, marital Status, same-sex partnership status, family "same of vexatious comment or conduct that is known, or ought to be known, Iwelcome. Bullying is the ongoing health-or career-endangering jent of an employee or colleague, by one or more of their peers or ‘ups. Unlikely to involve physical violence, it usually takes the torm of insults are intended to prevent targets from being successful in their job. Pressuring an employee to deviate from apolicy or to provide a favour isa form of bullying. Page 11 of 22 abOther Behaviour a) Use of Municipal Property & Resources Council, committee appointees and municipal employees must not use the municipality's property, equipment, supplies or services, which are not available tothe general public, for purposes not associated with the discharge of their official duties. b) Compliance with Policies and By-laws Members of Council should lead by example and I TOWNSHIP's policies and by-laws. ©) Discreditable Conduct All members of Council have a duty to treat another, and staff appropriately and without abusi to ensure that their work environment, harassment. The Ontario Human Rights Co harassment Policy. A discFimination and applicable, the Anti- Page 12 of 22 0.13.15SECTION 4 CONFIDENTIALITY 4. Councilmembers shall keep confidential any informati (@) disclosed or discussed at a meeting of Council, Committee of the Whole, or part of a meeting of Council, Committee of the Whole, that was closed to the public. b) that is circulated to members of Council that is marked confidential for the purpose of a Closed session shall be kept securely until’m,longer required in the course of business and shall at that ti ©) that is received in confidence verbally in preparation of the in-canerd> meeting. 2 The obligation to_ keep information confidential applies @yen ff the member ceases to beamember of Council posession of, or received in icip i either prohibited from under the Municipal Freedom of eferred to as "MFIPPA"), of other formation and Protection of Privacy fe of information received in confidence from third Uyscientific or technical nature, information that is legislation. Generall Act restricts or probi parties of a corporate, personal, and inform: No member shi confidential i idential information for personal or private gain, or for the any person or corporation. As one example, no member should benefit, or aid others to benefit, from knowledge respecting ale of Municipal property or assets. has been discussed at an in-camera (closed) meeting remains confidential. No member shall disclose the content of any such matter, or the substance of deliberations, of the in-camera meeting until the Council or committee discusses the information at a meeting that is open to the public or releases the information to the public, Page 13 0f 22 CPBISThe following are examples of the types of information that a member of Council must keep confidential: + items under itigation, negotiation, or personnel matters; + Information that infringes on the rights of others (e.g, sources of complaints where the identity of a complainant isgiven inconfident); + Price schedules in contract tender or Request for Proposal submissions if sospecified; eg + Information deemed to be “personal information Conflict of Interest Act; and + Statistical data required by law not to be rel certain census or assessment date). necessary for the performance of their Council pelicy. Page 14 of 22 CBSSECTIONS GIFTS, HOSPITALITY AND OTHER BENEFITS The objective of these policies is to ensure that Councillors make Council decisions based on impartial and objective assessment of each situation, free from influence of gifts, favours, hospitality or entertainment. Inthis policy, gifts, commission, hospitality, reward, advantage or benefit of any kind, may be interchanged and shall be deemed to include all of the aforementioned.. 1. The stipend paid to each Member of Council is intended] j Members of Council for service to the Corporation. Y 2. Members of Council are prohibited from soliciting, accepting, offering accept any gifts, commission, hospitality, reward, advantage or benefit personally or through a family member or business gdijnection, that &connected directly or indirectly with the performance of duties of fice or cof{yrssonaby be construed as beng given in anticipation of fu ition of past, "special or other benefits that are offered by per the Township. Om accepting: jementoes or hospitality received in recognition speaking at an event or for reprsentingthe i) ‘ood, lodging, transportation, entertainment provided by other levels of jernments, by other local governments or by local government boardsor v) _ Astipend from a board or commission that the Councillor serves on as a result ofan appointed by Council; vi) Reimbursement of reasonable expenses incurred in the performance of office; Page 15 of 22 OBISvil) Reimbursement of reasonable expenses incurred and honorarlums received in the performance of activities connected with municipal assaciations; vill) Gifts of a nominal value that are received as an incident of protocol or social obligation including attending a sporting event that normally and reasonably accompany the responsibility ofthe office, x) Services provided without compensation by persons volunteering their time for election campaign, 6. Should Council determine that a member has breached a polic\ 6. The Council may impose either of the fll of Council if the Commissioner ,teports his or her opinion, the no gg a) Areprimand; “e All Sanctions u severity of the conduct. ( fstricts or attempts to countermand a right to challenge a decision by Council through nnels. Page 16 of 22 CBSSECTION 6 BREACH OF POLICY (ENFORCEMENT AND SANCTIONS) 1. Protection for Alleging a Contravention - With respect to confidential and anonymous submissions regardingan alleged contravention of the policy, to the extent practicable, the idertity of any person who makes reports pursuant to this policy shall not be revealed, except where and to the extent the disclosure of the reporting person's identity and confidential information is necessary to permit @fair, thorough and Consistent with the policies of the Mur and shall not tolerate any retaliation by managemen directly or indirectly, against anyone who, in Allegation or provides assistance to management @ roup, including any governmental regulatory or law enforcénte i an Allegation. Such Option A. Option Bj 24 OptionA rsons present. and any other relevant information; 4) if applicable. advise the Member regarding his/her satisfaction with the response, or, ifapplicable; advise the Member of his/her dissatis‘action with the response: and ©) consider the need to pursue the matter in accordance with the formal complaint procedure outlined in Option B or in accordance with an applicable judicial process. Page 17 of 22 0.1BIS242 An individual is encouraged to initially pursue the informal complaint procedures a means of stoppingand remedyinga behaviour aractivity that isprohibited bythe Code. However. itisnota precondition ora prerequisite that the informal complaint procedure be initiated or completed prior to pursuing the formal complaint procedure in Option B. 22 Option B Formal Complaint Procedure « Integrity Commissioner Complaint, Review Request ‘ 224 The Complaint shall submit a completed signed for Township to the Clerk; y 2.22 The Complaint Review Request form, accompanied byt dated and submitted to the Clerk by mail \s provided by the ued a file-number by the 223 The Complaint Review Request shall bi Il consist-dF the year the Clerk for tracking purposes. The request was received followed by Complaint Review Requestsifor t! ie Request, the Clerk shall e Integrity Commissioner » @ ks jUest form; ») “Qegfiifictltopy of the code; and ser MeBhon or documentation supplied by the int that the Clerk deems relevant. jon ‘package referred to above shall be forwarded to Commissioner in hard copy format by courieror first class is deemed appropriate inthecircumstances. n by Integrity Commissioner 32 Ifthe complaint, does not. on its face pertain to non-compliance with the Code or is covered by other legislation or a procedure under another Council Policy, the Integrity Commissioner shall advise the complainant in writingas follows: a) where the complaint is of a criminal nature consistert with the Criminal Code of Canada, the complainant shall be advised to pursue the matter with the Ontario Provincial Police; Page 18 of 224, Integrity Commissioner Investigation 44 42 46 b) where the complaint addresses non-compliance with the Municipal Conflict of Interest Act, to pursue the matter with the complainant's ‘own legal counsel; where the complaint addresses non-compliance with the Municipal Freedom of Information and Protection of Privacy Act, to pursue the matter with the Privacy Commissioner; ) where the complaint addressed non-compliance with a more specific Council policy with a separate complaint procedure. to pursue the matter under the appropriate process specified jn that specific Council Policy; and 9 Inother caseg, ifthe matter, or any jurisdiction of the Integrity Commis provide any additional reasons, or Commissioner considers appropriate. Ifa compla Commissioner shall investigate complaint. The Integrity Commissioi a) Siting material upon the Member whose written response to the allegation the Integrity Commissioner within days from the date on the correspondence from the ind » Member's response provided upon the ity Colnitissioner within ten (10) business days fromthe date on ‘spondence from the Integrity Commissioner. ca from the complaint which must be filed with the Commissioner will determine what is the most effective means ication e.g. email. fax. courier when corresponding with the jplainant and the Alleged Offender. Wafecessary, and subject to the relevant legislation and rules of law after sviewing the written materials, the Integrity Commissioner may speak to anyone considered relevant to the complaint. examine any other documents considered relevant to the complaint and may enter any Township office relevant to the complaint for the purposes of investigation and settlement The Integrity Commissioner may make interim reports to Council as requiredto axiress any instances of interference, obstruction of retaliation encountered during the investigation. Page 19 of 22 CBI46 The Integrity Commissioner shall submit a final report on the complaint to Council, no later than ninety (90) days after the filing of the complaint, outlining the findings, the terms of any settlement, recommended corrective action. and/or penalty. Refusal to Conduct Inquiry or No Penalty Imposed 5.4 Ifthe Integrity Commissioner is of the opinion that the complai inquiry and shall provide a written report to Council ou ‘the reasons for not doing so. ba © 52 Ifthe Integrity Commissioner determines that there has been no contréyention rention occurred which was fjudgmentt made ingood he report and shall reasonable measures to prevent it, or that col trivial or committed through inadverten: faith, the Integrity Commissig recommend that no penalty be i 6. Non-Compliance with the Cod 61 1 Where, the Integrity Comi decides that a Member has contravened this Code; he/she a) cens Mefhber: ») repri elVlember: pajenove the Member from an advisory 3) thatthe appropriate Committee or local board remove the air’of a Committee or local board; st the Member apologize to Council, the complainant. or both; suspend the remuneration paid to the Member in respect of their services as a Member for a period of up to ninety (90) days. 7.4 The Integrity Commissioner shall file a copy of the final report with the Clerk who will then provide a copy of the report to the complainant and the Member whose conduct it has addressed. 8, Reportto Council 8.1 The Clerk shall submit the report to Council at its next meeting and the report shall be listed with matters considered in open session. Page 20 of 22 OBIS9. AnnualReport 9.4 The Integrity Commissioner shall report annually to Council on complaints filed. 10. Refundable Fee 10.1 The feecharged for filing acomplaintshall berefunded tothe complainant upon. the Integrity Commissioner's Report being received by Council, unless the Integrity Commissioner's Report notes a finding in accordance with 13.1 or 13.2 of this Code. 11. Implementation 44.4. TheTownship shall retain the services of an Integrity Commissio} commencing,2015. 112 This policy shall come into effect on, 2015. 113. Atthe beginning of eachterm of Council, 2) each Member with a copy b) each Member a c, ment of Code“ faith to beexecuted by each Member fey have read and understood the Code. 14.4 Members ai Yo,formally and informally review the provisions of iar bas {en so requested by Council. eslii@hts expectations, promote ethical decision-making and behavior, ide colifcil in inaking decisions consistent with their Oath of office. Am | putting my own interests before the organizations? Would I make the same decision if, the public or the media were watching me? Page 21 of 22 O1BITNORTH ACOH, North Algona Wilberforce Municipality all 1091 Shaw Woods Road S RR #1 Eganville, Ontario KO) 170 Tel 613-628-2080 Fax: 613-628-3341 wuwwnalgonayi CORPORATION OF NORTH ALGONA WILBERFORCE MUNI IN ACCORDANCE TO THE BY-LAW TO GOVERN, ‘THE CONDUCT OF ITS MEMBERS 4 of North Algona Wilberforce do hereby affirm that | will adhered, in By-Law 2015-** é meng ofthe Council luct as presented ‘And as a member of Council do hereby affirm that I person any information or document arising from confidential Counci of North Algona Wilberforce Municipality that come to my knowledge or poss ose meetings, except as | may. be legally required or expressly authorized to do as that Information or document has other wise been properly mad_pub] Affirmed before me at North Algona Wilberforce Inthe County of Renfrew this_day of 201_ Date of Signature NOTE: The member of Council acknowledges that two copies of the by-law were provided to the member. One signed copy of the by-law was returned to the clerk and the duplicate copy was retained by the member of Council Page 22 of 22 aya!