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HomeMy Public PortalAboutCode of Conduct COUNCIL POLICY Effective Date November 14, 2017 Pages 1 through 9 Section: Council Title: Code of Conduct PURPOSE This policy is to establish a responsible code of conduct for Town of Oliver Council. Responsible conduct is founded by conducting oneself with honesty and integrity and in a way that furthers a local government’s ability to provide good governance to the community. Good governance includes: 1. Providing for the stewardship of the community’s public assets; 2. Providing services, laws, and other matters for community benefit; and 3. Acting in a way that is accountable, transparent, ethical, and respectful of the rules of law, collaborative, effective, and efficient. SCOPE This policy applies to Town of Oliver Council and all persons appointed as members of Boards, Committees, Commissions, Panels, Task Forces and other bodies by the Town of Oliver Council (hereby collectively referred to as “Members”). POLICY STATEMENTS 1. Key Principles 1.1 Integrity Members are keepers of the public trust and must uphold the highest standards of ethical behavior. Members are expected to: 1.1.1 Make decisions that benefit the community 1.1.2 Act lawfully and within the authorities of the Community Charter, Local Government Act and other applicable enactments; and 1.1.3 Be free from undue influence and not act, or appear to act, in order to gain financial or other benefits for themselves, family, friends or business interests. Code of Conduct Page 2 of 9 1.2 Accountability Members are obligated to answer for the responsibility that has been entrusted to them. Members are responsible for decisions that they make. In turn, decision-making processes must be transparent and subject to public scrutiny; proper records must be kept. 1.3 Leadership Members must demonstrate and promote the key principles of the Code of Conduct through their decisions, actions and behavior. Members’ behavior must build and inspire the publics’ trust and confidence in local government. Members must provide leadership to Town staff through the Chief Administrative Officer. 1.4 Respect Members must conduct public business efficiently and with decorum. Members must treat each other and others with respect at all times. This includes not using derogatory language towards others, respecting the rights of other people, treating people with courtesy and recognition of the different roles others play in local government decision making. 1.5 Openness Members have a duty to be as open as possible about their decisions and actions. This means communicating appropriate information openly to the public about decision-making processes and issues being considered; encouraging appropriate public participation; communicating clearly; and providing appropriate means for recourse and feedback. 2. General Conduct 2.1. Members must adhere to the key principles and provisions of the Code of Conduct. 2.2. Members must act lawfully and within the authorities of the Community Charter, Local Government Act and other applicable enactments and exercise a reasonable degree of care and diligence in carrying out their functions. 2.3. Members have an obligation to consider issues and exercise powers, duties and functions in a manner that avoids arbitrary and unreasonable decisions. 2.4. Members must avoid behavior that could constitute an act of disorder or misbehavior. Specifically, Members must avoid conduct that: 2.4.1 Contravenes this policy; 2.4.2 Contravenes the law, including the BC Human Rights Code, and other enactments, and Town Bylaws; and 2.4.3 Is an abuse of power or otherwise amounts to improper discrimination, intimidation, harassment or verbal abuse of others. Code of Conduct Page 3 of 9 3. Collection and Handling of Information 3.1. Members must: 3.1.1 Collect and use personal information in accordance with Freedom of Information and Protection of Privacy Act legislation and the policies and guidelines as established in Oliver; 3.1.2 Protect information that is specifically marked confidential, that is personal information and other material identified or understood to be confidential in nature; 3.1.3 Refrain from discussing or disclosing any confidential information with or to staff, or with persons outside the organization except as authorized; 3.1.4 Refrain from discussing or disclosing any personal information with or to other Members, staff, or with persons outside the organization except in a manner consistent with the duty to protect personal information under the Freedom of Information and Protection of Privacy Act; 3.1.5 Take reasonable care to prevent the examination of confidential material or access to personal information by unauthorized individuals; 3.1.6 Not use confidential information except for the purpose for which it is intended to be used; 3.1.7 Only release information in accordance with established Town policies and procedures and in compliance with the Freedom of Information and Protection of Privacy Act; 3.1.8 Not disclose decisions, resolutions or report contents forming part of the agenda for or from an closed meeting of Council until a corporate decision has been made for the information to become public; and 3.1.9 Not disclose details on Council’s closed deliberations or specific detail on whether individual Councillors voted for or against an issue. 3.2 Except in the normal course of duties, Members must not in any way change or alter Town records or documents. 3.3 When dealing with personal information, Members must comply fully with the provisions of the Freedom of Information and Protection of Privacy Act. All reasonable and necessary measures must be taken to ensure that the personal or private business information of individuals is protected. Personal information includes information or an opinion about a person whose identity is apparent, or can be determined from the information or opinion. Code of Conduct Page 4 of 9 4. Conflict of Interest 4.1 Members are expected to make decisions that benefit the community. They are to be free from undue influence and not act or appear to act in order to gain financial or other benefits for themselves, family, friends, or business interests. 4.2 Members must appropriately resolve any conflict or incompatibility between their personal interests and the impartial performance of their duties in accordance with statutory requirements of the Community Charter. 5. Interactions with Members and Staff and Advisory Body Members 5.1 Council is the governing body of the Town of Oliver. It has the responsibility to govern the Town in accordance with the Community Charter and other legislation. 5.1.1 An Oath of Office affirmation is recited by members specific to the Community Charter, Section 7 “purposes of a municipality” and Section 115 “responsibilities of Council members” at the beginning of election term. 5.2 The Mayor is the head and the Chief Executive Officer of the Town and has a statutory responsibility to provide leadership to Council and to provide general direction to municipal officers respecting the municipal policies, programs and other directions of Council as set out in the Community Charter. 5.3 The Town adopts the one employee model where Council’s point of contact with staff is the Chief Administrative Officer. 5.4 Members are to direct inquiries regarding departmental issues or questions to the Town’s Chief Administrative Officer or the Department Head (Senior Manager) of the appropriate department and refrain from contacting other staff without first discussing the issue with the Department Head. 5.5 Members are not to issue instructions to any of the Town’s contractors, tenderers, consultants or other service providers. 5.6 Members are not to make public statements attacking or disparaging staff or Advisory Body Members and shall show respect for the professional capacities of staff. Members must not involve staff in matters for political purposes. 5.7 Members must not publish or report information or make statements attacking or reflecting negatively on staff (including the Chief Administrative Officer), or Advisory Body Members. Complaints are to be brought to the attention of the Chief Executive Officer or Chief Administrative Officer for follow up. 5.8 Significant information provided to any member of Council, which is likely to be used in Council or in political debate, should also be provided to all other Council members, and to the Chief Administrative Officer. 5.9 Members must treat members of the public, other Members, Advisory Board Members, and staff appropriately, and without bullying, abuse or intimidation in order to preserve a workplace free from harassment. Code of Conduct Page 5 of 9 6. Members Use of Social Media 6.1 It is not the role of individual Members to report directly on Town related business. Members will use caution in reporting decision-making by way of their social media profiles and websites prior to official communication by the Town. 6.2 Members will include an “in my opinion”, or similar disclaimer, either within the banner of their individual social media site(s) or separately when making follow up posts to the Town’s social media postings and when creating original posts pertaining to Town related business. 6.3 Members will refrain from using or permitting use of their Town of Oliver social media accounts for purposes that include: 6.3.1 defamatory remarks, obscenities, profane language or sexual content; 6.3.2 negative statements disparaging staff or calling into question the professional capabilities of staff; 6.3.3 content that endorses, promotes, or perpetuates discrimination or mistreatment on the basis of race, religion or belief, age, gender, marital status, national origin, physical or mental disability or sexual orientation; 6.3.4 statements that indicate an actual attitudinal bias in relation to a matter that is to be the subject of a statutory or other public hearing; 6.3.5 promotion of illegal activity; 6.3.6 information that may compromise the safety or security of the public or public systems 6.4 Members must regularly monitor their Town of Oliver social media accounts and immediately take measures to deal with the publication of messages or postings by others that violate this Code of Conduct. 7. Interactions with the Public and Media 7.1 Members will accurately communicate the decisions of Council, even if they disagree with the majority decision of Council, and by so doing affirm the respect for and integrity in the decision-making processes of Council. 7.2 When discussing the fact that he/she did not support a decision, or voted against the decision, or that another Member did not support a decision or voted against a decision, a Member will refrain from making disparaging comments about other Member or about Council’s or Members processes and decisions. 8. Gifts and Personal Gifts The receipt and reporting of gifts and personal benefits is dealt with under sections 105 and 106 of the Community Charter. Ultimately, the interpretation of those sections is a matter for the courts. However, the general language used in those sections Code of Conduct Page 6 of 9 creates some level of uncertainty and this Code of Conduct is intended to provide some guidance to Members. 8.1 What are Gifts and Personal Benefits? 8.1.1 Gifts and personal benefits are items or services of value that are received by Members for personal use. These would include, but are not limited to, cash, gift cards, tickets to events, items of clothing, jewelry, pens, food or beverages, discounts or rebates on purchases, free or subsidized drinks or meals, entertainment, invitations to social functions, etc. 8.1.2 Section 105 (2)(b) of the Community Charter (restrictions on accepting gifts) prohibits a Member from directly or indirectly accepting a gift, fee or personal benefit that is connected in some way to his or her performance; unless it is: • A gift or benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office • Compensation authorized by law; or • A lawful campaign contribution. 8.2 What Gifts and Personal Benefits may be Accepted? 8.2.1 Section 105(1) of the Community Charter prohibits Council members from directly or indirectly accepting a fee, gift or personal benefit connected with the member’s performance of the duties of office. 8.2.2 In accordance with section 105(2), a Council member may accept gifts and personal benefits received as an incident of the protocol or social obligations that normally accompany the responsibilities of elected office. 8.2.3 Gifts and personal benefits received in accordance with section 105(2)(a) of the Community Charter as referenced in section 8.2.2 must be reported and disclosed in accordance with section 106 to the Corporate Officer. 8.2.4 Where a gift or personal benefit that may be accepted under the Community Charter has a value in excess of $250.00, the Member who receives the gift will do so on behalf of the Town and turn over the gift to the Town, except as otherwise permitted by Council. 8.2.5 Council members must not accept a gift or personal benefit that could reasonably be expected to result in a real or perceived conflict of interest, and to assist in avoiding that situation, Council members will not accept gifts or personal benefits from business or commercial enterprises having a value that exceeds $250.00 or, where the total value of such gifts and benefits, received directly or indirectly from one source in any twelve (12) month period, would exceed $250.00. Code of Conduct Page 7 of 9 8.3 How Must Gifts and Personal Benefits be Reported? 8.3.1 Council members must disclose to the Corporate Officer gifts and personal benefits in accordance with section 106 of the Community Charter. 8.3.2 If a Council member receives a gift or personal benefit that they do not wish to accept, regardless of value, they may immediately relinquish the gift or personal benefit to the Town, in which case a disclosure form would not be required. If the gift or personal benefit is not immediately relinquished to the Town, then the Member must file a disclosure form. 8.3.3 The content of the disclosure must comply with section 106(2) of the Community Charter and must be filed “as soon as reasonably practicable”. 8.3.4 It is the responsibility of Council members to be familiar with the provisions in the Community Charter relating to acceptance and disclosure of gifts and to ensure that they comply with these requirements as contemplated by the statute. 8.4 How are Gifts and Personal Benefits Valued? 8.4.1 For the purposes of this Code of Conduct, the value of each gift or personal benefit shall be determined by its replacement cost, i.e., how much it would cost to replace the item? 8.5 Procedure for Dealing with Relinquished Gifts and Personal Benefits 8.5.1 Where a gift or personal benefit with value that exceeds $250 is relinquished to the Town, the Corporate Officer will record the receipt of the item, nature of the gift or personal benefit, source (including the addresses of at least two individuals who are directors, when the gift is provided by a corporation, if available), when the gift was received, and the circumstances under which it was given and accepted. 9 Breaches, Complaint Handling and Disciplinary Action General 9.1 Members are to abide by the requirements of the Community Charter and this Code of Conduct, and shall endeavour to resolve disputes in good faith, recognizing that interpersonal rancour does not facilitate good governance. Council Members 9.2 Alleged breaches of this Code of Conduct by Members shall be submitted in a written complaint addressed to the Mayor and the Chief Administrative Officer within six (6) months of the last alleged breach. In the event that the Mayor is the subject of, or is implicated in the complaint, the complaint shall be addressed to the current Acting Mayor unless that individual is the subject of, or implicated in the complaint. Code of Conduct Page 8 of 9 9.3 Upon receipt of a complaint under section 9.2, the Mayor, or Acting Mayor, and the Chief Administrative Officer shall, if they are not able to resolve the matter informally, within thirty (30) days, appoint an independent third party identified and agreed between the Complainant(s) and Respondent(s) as having the necessary professional skills, knowledge and experience to investigate the complaint (the “Third Party Investigator”). If the parties cannot agree on the choice of investigator, the nominee of the Complainant(s) and the Respondent(s) shall jointly select a suitable Third Party Investigator. Third Party Investigator 9.4 May conduct a preliminary assessment of the complaint, at the conclusion of which the investigator may determine to continue the investigation or make a written recommendation that the complaint be dismissed as unfounded, beyond jurisdiction or unlikely to succeed; 9.5 If the Third Party Investigator determines to continue the complaint, the Third Party Investigator shall: 9.5.1 Conduct an independent and impartial investigation of the complaint in a manner that is fair, timely, confidential and otherwise accords with the principles of due process and natural justice; 9.5.2 Provide an investigation updated within ninety (90) days of his or her appointment to the Mayor or Acting Mayor, as applicable, and to the Complainant and the Respondent; 9.5.3 Provide a written, confidential report (the “Report”) of the findings of the investigation, including findings as to whether there has been a breach of this Code of Conduct, to the Mayor or Acting Mayor, as applicable, and to the Complainant and the Respondent; and 9.5.4 Provide recommendations in the Report as to the appropriate resolution of the complaint, which recommendations may include: • dismissal of the complaint; or • public censure of Member for misbehaviour or a breach of this Code of Conduct; • a recommendation that the Member apologize to any person adversely affected by a breach of this Code of Conduct; • counselling of a Member; and/or • such other recommendations as are deemed appropriate in the professional judgment of the Third Party Investigator. 9.6 The Mayor or Acting Mayor shall consider whether the Report shall be presented to Council. 9.7 The Corporate Officer will receive and retain all reports prepared under section 9.4.3 and 9.4.4. Code of Conduct Page 9 of 9 9.8 Where a Member alleges a breach of this Code of Conduct by a fellow Member, all Members shall refrain from commenting on such allegations at open meetings of Council pending the conclusion of the Report and any decision of Council on the Report. 9.9 Members who retain legal counsel to represent them in proceedings under this section may request in writing that the Town indemnify them for their reasonable costs of representation, in accordance with section 740 of the Local Government Act.