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Home My Public Portal About2022-07-28_Code of Conduct Policy_Effective September 2022.pdf Municipality of the District of Chester Code of Conduct Policy Policy P-102 Code of Conduct Policy 2 Notice of Intention to Adopt: Council – June 30, 2022 First Notice: Council – July 28, 2022 (2022-328) Second Notice: Council – September 8, 2022 (2022-354) Effective Date: September 8, 2022 MUNICIPALITY OF THE DISTRICT OF CHESTER POLICY #111 PURPOSE 1. The public expects the highest standards of ethical conduct from Members elected to local government. The purpose of this Code is to establish guidelines for the ethical and inter-personal conduct of Members of Council (“Members”). The Council is answerable to the community through democratic processes and this Code will assist in providing for the good government of the Municipality of the District of Chester. STANDARDS OF CONDUCT 2. Members shall uphold the law and at all times: a. Seek to advance the common good of the municipality as a whole while conscientiously representing the communities they serve; b. Perform the function of office truly, faithfully, and impartially to the best of their knowledge and ability in accordance with the following core values: i. Integrity – giving the municipality’s interests priority over the private individual interests; ii. Honesty – being truthful and open; iii. Objectivity – making decisions based on a careful and fair analysis of the facts; iv. Accountability – being accountable to each other and the public for decisions taken; c. Uphold this Code as a means of promoting the standards of behaviour expected of Members and enhancing the credibility and integrity of Council in the broader community. COUNCIL RESPONSIBILITIES 3. The Council (or its designated committee) will: a. Review the municipality’s Code of Conduct as required and make any amendments considered appropriate b. Review, consider, or take other action concerning any violation of the Code of Conduct which is referred to Council for consideration. 4. Where there is any conflict between the Code of Conduct and the requirements of any statute of the provincial or federal government, provincial or federal statutes shall take precedence. MEMBERS RESPONSIBILITIES CONDUCT TO BE OBSERVED Code of Conduct Policy 3 Notice of Intention to Adopt: Council – June 30, 2022 First Notice: Council – July 28, 2022 (2022-328) Second Notice: Council – September 8, 2022 (2022-354) Effective Date: September 8, 2022 5. Members are representatives of the public whose primary objective is to address the needs of the citizens. As such, they’re entrusted with upholding and adhering to the by-laws of the municipality as well as all applicable provincial and federal laws. As public servants, Members must observe a high standard of integrity and ethics in the conduct of their official duties and faithfully fulfill the responsibilities of their offices, regardless of their personal or financial interests. DEDICATED SERVICE 6. All Members should faithfully work towards developing programs to address the needs of the citizens in the course of their duties. Members should strive to perform at a level which is expected of those who work in the public’s interest. RESPECT FOR DECISION-MAKING PROCESS 7. All Members recognize the responsibility of the Warden to accurately communicate the decisions of the Council, even if they disagree with such decisions, such that respect for the decision- making processes of Council is fostered. CONDUCT AT MEETINGS 8. Members shall respect the chair, colleagues, staff and members of the public present during Council meetings or other proceedings of the Municipality. Meetings shall provide an environment for transparent and healthy debate on matters requiring decision-making. RELEASE OF CONFIDENTIAL INFORMATION PROHIBITED 9. No Member shall disclose or release 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 the municipality to do so. Nor shall Members use confidential information for personal or private gain, or for the gain of relatives or any person or corporation. GIFTS AND BENEFITS 10. Members shall strive to be impartial and not show favoritism or bias toward any vendor, contractor or others doing business with the municipality. Members are prohibited from accepting gifts or favors from any vendor, contractor or others doing business with the municipality personally, or through a family member or friend, which could give rise to a reasonable suspicion of influence to show favour or disadvantage to any individual or organization. USE OF PUBLIC PROPERTY 11. No Member shall request or permit the use of municipal-owned vehicles, equipment, materials or property for personal convenience or profit, except where such privileges are granted to the general public. Members shall ensure that the business of the municipality is conducted with efficiency and shall avoid waste, abuse and extravagance in the provision or use of municipal resources. INTERPERSONAL BEHAVIOUR 12. Members shall treat every person, including other Members, corporate employees, individuals providing services on a contract for service, and the public with dignity, understanding and respect and ensure that their work environment is free from discrimination, bullying and harassment. COMMUNITY REPRESENTATION Code of Conduct Policy 4 Notice of Intention to Adopt: Council – June 30, 2022 First Notice: Council – July 28, 2022 (2022-328) Second Notice: Council – September 8, 2022 (2022-354) Effective Date: September 8, 2022 13. Members shall observe a high standard of ethical behavior when representing the municipality and in their dealings with members of the broader community. GOOD GOVERNANCE 14. Members accept that effective governance of the municipality is critical to ensuring that decisions are taken in the best interests of the Municipality as a whole and to enable the municipality to function as a good corporate citizen. GOVERNMENT RELATIONSHIPS 15. Members recognize the importance of working constructively with other levels of government and organizations in Nova Scotia and beyond to achieve the goals of the municipality. CONFLICT OF INTEREST AVOIDANCE 16. Members are committed to making decisions impartially and in the best interests of the municipality and recognize the importance of fully observing the requirements of the Municipal Conflict of Interest Act, R.S.N.S. 1989, c. 299 with regard to the disclosure and avoidance of conflicts of interest. REPORTING BREACHES 17. Persons who have reason to believe that this Code has been breached in any way are encouraged to bring their concerns forward. No adverse action shall be taken against any Member or municipal employee, who, acting in good faith, brings forward such information. CORRECTIVE ACTION 18. Any reported violation of the Code will be subject to investigation by the Council. Violation of this Code by a Member may constitute a cause for corrective action. If any investigation finds a Member has breached a provision of the Code, Council may impose corrective action commensurate with the nature and severity of the breach, which may include a formal warning or reprimand to the Member. COMPLIANCE WITH CODE 19. Members acknowledge the importance of the principles contained in this Code which will be self- regulated by Council. Councillors are required to sign a “Statement of Commitment to the Code” (Attachment A) within seven (7) days of taking the Councillors’ oath pursuant to section 147 of the Municipal Elections Act, R.S.N.S. 1989, c. 300. 20. Council as a whole provides for the enforcement of this Code of Conduct upon its members. Any complaint made under this code will be administered by the CAO, who will delegate the inquiries as appropriate and make recommendations as are reasonable. COMPLAINT PROCESS 21. All complaints will be considered informal unless a complaint form is remitted to the Municipality detailing the concern issue. Code of Conduct Policy 5 Notice of Intention to Adopt: Council – June 30, 2022 First Notice: Council – July 28, 2022 (2022-328) Second Notice: Council – September 8, 2022 (2022-354) Effective Date: September 8, 2022 22. Anonymous complaints that include threats, harassing statements, abusive language, or vulgarity will be saved but not considered or tracked. 23. A complaint form may be obtained from the Municipal CAO’s office. This form shall be used by members of the public, staff, or any member of Council. 24. All complaints shall be handled in accordance with provisions of the Freedom of Information and Protection of Privacy Act unless the person waives the right to confidentiality in writing. INVESTIGATION OF AN ALLEGED BREACH OF THE CODE OF CONDUCT 25. A copy of the signed complaint and a request for an investigation into an alleged breach shall be made in writing to the CAO’s office within a reasonable time after the alleged breach (generally 30 days). The request shall contain the name of the Member who breached the Code of Conduct as well as details of the specific breach. 26. The CAO shall acknowledge the complaint to the complainant within 3 business days. 27. The CAO will notify council of a complaint investigation. 28. The CAO may delegate the inquiry as appropriate, including seeking advice from legal counsel as necessary. 29. The CAO or delegate will make every effort to address the issue within 30 business days or provide an estimate of time required if expected to take longer. DECISIONS REPORTED TO COUNCIL AND OPTIONS FOR REMEDIAL ACTION 30. Where the investigation has found a probable breach, the complaint will be brought to Council during a public meeting (in camera where necessary & permitted by the MGA). Only Council can decide that an actionable breach has occurred. 31. Council shall rule on penalties to a member within 60 days of the breach if reasonably possible. Code of Conduct Policy 6 Notice of Intention to Adopt: Council – June 30, 2022 First Notice: Council – July 28, 2022 (2022-328) Second Notice: Council – September 8, 2022 (2022-354) Effective Date: September 8, 2022 ATTACHMENT A STATEMENT OF COMMITMENT TO ELECTED OFFICIALS CODE OF CONDUCT I, declare that as a Councillor of the Municipality of (please print full name) Chester, I acknowledge and support the Elected Officials Code of Conduct. Signed: _______________________________ Declared this _______ day of ________________, 20______. Before me: Pamela Myra Municipal Clerk