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HomeMy WebLinkAbout2061-23 Council Code of ConductCOUNTY OF NEWELL PROVINCE OF ALBERTA BYLAW No. 2061-23 A BYLAW OF THE COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA, TO ESTABLISH A COUNCIL CODE OF CONDUCT. WHEREAS, pursuant to the Municipal Government Act, Councils must establish a Council Code of Conduct Bylaw to govern the conduct of Councillors; WHEREAS, residents of the County of Newell are entitled to fair, ethical and accountable local government and to expect the highest standards of conduct from individuals elected to Council, WHEREAS, such a government requires public officials to; conduct their responsibilities in an atmosphere of respect and civility, comply with both the letter and the spirit of the laws and policies affecting operations of the government; be independent, impartial and fair in their judgment and actions; use their public office for the public good and not for personal gain; and to conduct public deliberations and processes openly unless legally required to maintain confidentiality, WHEREAS, improving the quality of public administration and governance can be achieved by encouraging high standards of conduct on the part of all government officials, WHEREAS, the Council of County of Newell commits itself and its members to conduct that meets the highest ethical standards in order to protect and maintain the reputation and integrity of the County of Newell, NOW THEREFORE BE IT RESOLVED that the Council of the County of Newell duly assembled hereby enacts as follows: This By-law may be cited as "The Council Code of Conduct Bylaw". 2. Definitions 2.1 "Administration" means the employees of County of Newell. 2.2 "Chief Administrative Officer" is the administrative head of the County of Newell appointed by Council to perform those responsibilities outlined within the Municipal Government Act and pursuant to the County of Newell CAO Bylaw, as amended from time to time. 2.3 "Confidential Information" includes but is not limited to information: (i) in the possession of the County that the County is either prohibited from disclosing, is required to refuse to disclose or exercises its discretion to refuse to disclose under the FOIP Act or other legislation; and (ii) concerning matters that are permitted to be discussed in an in-camera meeting pursuant to the Municipal Government Act. 2.4 "Council" means the Council of the County of Newell. Bylaw 2061-23 Page 2 2.5 "Councillor" is a member of Council and includes the Reeve and Deputy Reeve 2.6 "County" means County of Newell. 2.7 "County Property" includes County staff time, financial and non-financial assets (including, but not limited to, land, vehicles, equipment, material, paper or electronic documents, tools, electronic equipment, computers, internet services and intellectual property). 2.8 "Gift" means any real or personal property given, including but not limited to artwork, clothing, money, gift certificates or gift cards, unless payment in any form, including the exchange of goods and services, of equal or greater value is received by the individual or entity giving the gift but does not include: (i) such Gifts or benefits that normally accompany the duties of office and are received as an incident of protocol or social obligation, (ii) suitable mementos of a function honouring the Councillor, (iii) admission to an event such as a convention, conference, symposium, forum or similar event, offered by the organizer of the event and unsolicited by the Councillor, if the Councillor is attending or participating in their official capacity, and provided that the value of the Gift or benefit does not exceed $500.00. 2.9 "Pecuniary Interest" is an interest in a matter that could monetarily affect a Councillor or an employer of the Councillor or an interest in a matter that the Councillor knows or should know could monetarily affect the Councillor's family, and as more particutarly set out in Division 6 of the Municipal Government Act. 2.10 "Reeve" is the chief elected official of County of Newell. 3. Guidinq Principles The purpose of this Bylaw is to establish guiding principles for elected municipal officials to apply in carrying out the powers, duties and functions of an elected representative of the County. Adherence to this Bylaw will help ensure that members of Council fill their role in an impartial and dignified manner that enhances their ability to serve the community and the public. These guiding principles are as follows: 3.1 I ntegrity (i) Integrity is the quality of being honest and having strong moral principles. It is vital that the public has confidence in Council's ability to provide good government and to provide services, facilities or other things that, in the opinion of Council, are necessary or desirable for all of or part of the County, and to develop and maintain safe and viable communities. Members of Council must conduct themselves in a way that promotes and maintains public confidence and shall be committed to performing their functions with integrity. (ii) To the best of their ability, Councillors shall accurately represent and communicate the official policies and positions of Council. When presenting their Bylaw 2061-23 Page 3 personal opinions or positions, members shall explicitly state that those opinions do not represent Council or the County. (iii) No Councillor shall use social media or other means to publish anything that is dishonest, untrue, unsubstantiated, offensive, disrespectful, constitutes harassment, is defamatory or misleading in any way. 3.2 Public Interest (i) Councillors have been elected to represent and serve the extended Community. The authority of Council rests collectively with Council and not with individual members. Councillors shall work for the common good of the residents of the County of Newell and avoid using their office for the pursuit of private or personal interests. (ii) Members of Council shall seek to serve the public interest by upholding both the letter and the spirit of the laws and policies established by the Government of Canada and the Province of Alberta as well as those bylaws and policies that Council imposes on itself. (iii) Councillors shall inform themselves of public issues, listen attentively to public discussions before Council, focus on the business at hand and shall make decisions based upon the merits and substance of the matter at hand. 3.3 Stewardship (i) Council recognizes that they are stewards; responsible to manage and look after the interests of County of Newell residents and taxpayers. Recognizing that stewardship of the public interest must be their primary concern, each Council member must understand they are elected to act collectively to make decisions that are in the best interests of the public. (ii) To ensure they develop a clear understanding regarding their role as a Councillor or a member of other Committees or Boards that they may be appointed to, Councillors have an obligation to attend and actively participate, on an ongoing basis, in orientation and training that is offered by the County of Newell or may be offered by other agencies which they may be appointed to as a representative of the County of Newell Council. (iii) Notwithstanding the fact that outcomes of Council decisions may not align with their individual position, Councillors shall respect the Council decision making process. (iv) Councillors shall not use their position to obtain preferential access to the use of County property, which includes municipal assets. (v) Public communications involving individual members of Council shall ref�ect the formal position that Council has taken through the collective decision making process. When it is necessary for official statements to be issued on matters of public interest, individual members shall defer to the official spokesman (generally the Reeve) who has authority to speak on behalf of Council. 3.4 Impartiality, Improper Use of Influence, and Conflict of Interest Bylaw 2061-23 Page 4 (i) Impartiality is a principle of justice holding that decisions should be based on objective criteria and not influenced by personal bias, prejudice, or benefiting one person over another for improper reasons. Members of Council shall perForm their duties of office and arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny. (ii) Councillors shall not use their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a Pecuniary Interest under the Municipal Government Act. Councillors must not place themselves under any financial obligation that may influence them in discharging their duties and responsibilities as Councillors. (iii) Councillors have a legal obligation to declare a Pecuniary Interest and excuse themselves from formal meetings or informal discussions outside of ineetings that may occur when the outcome on matters that are being (or may be in the future) considered by Council could monetarily benefit them or their family. 3.5 Confidentiality (i) Councillors must use council information which is not available to the public, in accordance with any relevant Council policy to ensure, as far as reasonable, the primacy of the public interest over any private interest. (ii) Councillors shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the County. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests. (iii) This requirement to maintain the confidentiality of information so acquired continues to apply after Councillors are no longer serving in that capacity. 3.6 Respect (i) The County of Newell Council promotes and expects respectful and responsible behaviours when interacting with each other, with Administration and with customers during the course of County business. All Councillors and employees of the County of Newell have the right to work in an environment based upon mutual respect, dignity and fairness, and one that is free from actions and behaviours that are contrary to respectful, dignified and fair treatment of the individual. (ii) Council members shall support the maintenance of a positive and constructive environment for residents, businesses and County employees and shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motive of other members of Council, boards, commissions, committees, staff or the public. 3.7 Accountability (i) Councillors themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of the County. Councillors must govern their conduct in accordance with the requirements and obligations as set out in the Municipal Bylaw 2061-23 Page 5 Government Act or any other Act of the Government of Canada or the Province of Alberta. In performing their duties, Councillors must abide by any Council Policy, Bylaw, process or rule of order established by Council. (ii) Upon assuming office, Councillors shall take an oath in the form prescribed as Schedule "A" County of Newell Code of Ethics attached to this Bylaw, pledging to uphold the policies and laws of the County, the Province of Alberta and the Government of Canada. (iii) Councillors shall commit to disclosing to the appropriate authorities and/or to Council any behaviour or activity of which they become aware that may qualify as corruption, abuse, fraud, bribery or any other violation of the law or this Bylaw. Council shall deal with any such breaches in accordance with the provisions of this Bylaw. 4. Relationship With Staff 4.1 Recognizing that Council's sole employee is the Chief Administrative Officer (CAO), Councillors shall respect the CAO's authority to direct staff. 4.2 Council's point of communication access with employees is the CAO. For that reason, Councillors shall direct questions and concerns regarding administrative matters to the CAO. 4.3 Councillors shall direct issues and concerns regarding staff matters to the CAO and avoid engaging in negative conversations regarding staff with the public or members of the media. 4.4 Recognizing that Councillors do not have authority to give direction to staff, formal Council to staff communications should be routed through the CAO. 4.5 Concerns that Councillors have regarding the CAO shall be discussed with the Reeve and addressed by the Council Members on the CAO Performance Evaluation Committee. 5. Gifts 5.1 Councillors shall not take advantage of services or opportunities for personal gain by virtue of their public office that are not available to the public in general and shall refrain from accepting Gifts, favours or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised. 5.2 Acceptance of any Gift or benefit of a value greater than $500.00 must be disclosed to Council and shall be noted in the minutes. 6. Breaches of Code of Conduct 6.1 Elected Officials have a duty to help create a responsive, accessible, transparent and fair municipal government. Accordingly, Elected Officials have a duty to question Bylaw 2061-23 Page 6 whether another Elected Official is vio�ating legislation, ethics or respectful behavior as set forth in this bylaw. 6.2 Complaints regarding an alleged breach of this Bylaw by an individual member(s) of Council may be submitted by any member of the public which includes: County residents or ratepayers, Councii members of other municipalities in the region, other members of Council, employees of the County, agents and / or representatives of corporate entities or external agencies or service providers whose activities may have been, or could be impacted as a result of matters involving a member of Council. 6.3 Written complaints shall be submitted to the CAO. The complaint shall include; details of the alleged breach of the bylaw, date submitted, together with the name, signature and contact information of the complainant. Upon receiving a complaint, the CAO shall refer the matter to Council. Council's initial review of the matter may cover a range of responses including; (i) To commence an extensive review which could include gathering information from other persons that have knowledge of the alleged breach by the identified member(s) of Council. (ii) Council may choose to give the Council Member in question a chance to make a statement regarding the matter raised in the complaint. (iii) Council may refer the matter to the RCMP for further investigation if the alleged breach may be criminal in nature. (iv) If Council is already fully aware of the matter through first hand knowledge, they may determine that the alleged breach is vexatious and / or frivolous and dismiss the matter. 6.4 If a Councillor, who is the subject of a complaint, or who has voluntarily disclosed misconduct information to Council without a complaint having been submitted openly and willingly acknowledges details of their misconduct, Council may proceed with imposing disciplinary measures without first conducting a formal investigation or holding a hearing. If at any time before or after a disciplinary outcome has concluded in accordance with this expedited approach, additional information becomes available, Council may initiate a full investigation followed by a formal hearing. 6.5 If after a complaint has been received or a voluntary disclosure has been submitted by the Councillor(s), Council has determined that a formal review is necessary, Council shall determine the scope of the review process which may include the appointment of an independent Investigator. Such person(s) should meet the standard of being reasonably perceived by informed persons to be independent and unbiased. 6.6 The outcome of the review, which may include a formal report from the investigator, shall be submitted to Council during a formal hearing scheduled for the purpose of receiving the report and considering further actions. If the matter to be discussed is an exception to disclosure requirements (which includes Personal Privacy) within the Freedom of Information and Protection of Privacy Act, the hearing will be held in Private. 6.7 Notice of the hearing shall be issued to all members of Council (including the Council member(s) who is the subject of the complaint) and to the public in accordance with the Municipal Government Act requirements and the County's Meeting Procedures Bylaw 2061-23 Page 7 Bylaw, which may contain additional requirements for issuing notice of a special meeting. 6.8 During the Hearing, the Council member(s) who is the subject of the complaint together with their designated legal counsel that may have been retained by and at the expense of the Council member(s) shall be granted an opportunity to address Council on the matter. 6.9 If, based on the findings of the Review, Council determines that a breach has occurred Council is hereby authorized to impose disciplinary measures which may include the following: (i) Requested apology by the Elected Official to the impacted individual(s); (ii) A letter of reprimand addressed to the Councillor; (iii) The publication of a letter of reprimand or request for an apology together with the Councillors response; (iv) Removal of the Elected Official from Council Committees and bodies to which Council has the right to appoint members; (v) Suspension or removal of the appointment of a Councillor as the Chief Elected Official under section 150(2) of the Act; (vi) Suspension or removal of the appointment of a Councillor as the Deputy Chief Elected Official under section 152 of the Act; (vii) Reduction or suspension of remuneration as defined in section 275.1 of the Act corresponding to a reduction in duties, excluding allowances for attendance at Council meetings; (viii) Dismissal of the Elected Official from a position of Chairperson of a Committee; (ix) Educational training on ethical and respectful conduct provided by an external third party with costs incurred being deducted from the Councillor's Honorarium. 6.10 A decision to apply one or more of the actions detailed above requires a Council resolution. 6.11 Council shall ensure a written record is maintained regarding disciplinary actions imposed as a consequence of a Councillors breach of this policy. The record shall include a clear statement regarding specific remedial action(s) required, and a time frame during which the measures shall be carried out by the member of Council. Details of the private portion of a hearing are subject to confidentiality requirements. 6.12 All discussions surrounding alleged and substantiated violations of this policy shall be conducted in a formal council session. Depending on the nature of the matter, the council discussion may be conducted during a Public or an in private meeting of Council, with the intent that the discussion shall remain confidential under the appropriate sections of the Freedom of Information and Protection of Privacy (FOIP) Act. Bylaw 2061-23 Page 8 6.13 Considering the need for timely action after a complaint has been received or a voluntary disclosure has been submitted, the time frame for completion of this process, commencing from the date of the complaint being received or the voluntary disclosure provided to the date of a hearing, shall not exceed 60 days, unless Council has approved a formal resolution to extend the deadline. 7. This Bylaw nor any other enactment approved by the County of Newell Council grants Council the authority to remove a member of Council from the elected office of Councillor. 8. Review Process: In accordance with the Municipal Government Act and related regulations, this bylaw will be reviewed no less than once every four years, within six months following each local authorities election. This Bylaw comes into force and effect upon the final passing thereof and rescinds Bylaw 1895-17. October 5, 2023 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 2061-23 receive FIRST reading. MOTION CARRIED October 19, 2023 MOVED BY COUNCILLOR ADENA SKANDERUP that Bylaw 2061-23 receive SECOND reading. MOTION CARRIED October 19, 2023 MOVED BY COUNCILLOR GREG SKRIVER that Bylaw 2061-23 receive THIRD and FINAL reading. MOTION CARRIED C� a ' -��..dJ"LJL. eve - Arno Doerksen Chief Administrative Officer- Matt Fenske Bylaw 2061-23 SCHEDULE "A" COUNTY OF NEWELL COUNCIL CODE OF ETHICS Page 9 I recognize that I have primary responsibility to assure that ethical standards are understood and met so that the public can continue to have full confidence in the integrity of the Council. In recognition of my commitment and dedication to the public that has entrusted me, as a member of County of Newell Council, to provide governance � promise that I will: 1. Govern my conduct in accordance with the requirements and obligations as set out in the Municipal Government Act or any other Act of the Government of Canada or the Province of Alberta as well as the requirements set by any Council Policy, Bylaw, process or rule of order established by Council. 2. Demonstrate the highest standards of personal integrity, honesty and fortitude in all public activities in order to inspire the public confidence and trust in me and the rnunicipality I represent. 3. Devote time, thought and attention to the duties of a Councillor so that I may render effective and knowledgeable service. 4. Consider all available information in making my decisions and, thereafter, abide by and uphold the decision of Council. 5. Treat my fellow Councillors, administration and the public with respect, concern, courtesy and responsiveness. 6. Develop and regularly evaluate goals and policies for County of Newell which meet the needs and expectations of the public; and encourage active participation by the public in this process. 7. Work with my fellow Councillors in a spirit of harmony, compassion and cooperation in spite of differences of opinion; and listen to and respect those opinions which may be different than my own. 8. Strive for open and honest communications with my fellow Councillors. 9. Remember that, unless otherwise authorized by Council, I have no individual legal authority outside of a meeting of Council and I must conduct my relationships with staff, the public and the media on this basis. 10. Not use my position to benefit me or any other individual or organization, apart from the total interest of the community; and avoid placing myself in a position where there may be a real or perceived conflict of interest. Bylaw 2061-23 Page 10 11. Not use County funds, property or information for my personal benefit or gain or for the personal gain or benefit of any other individual or organization. 12. Protect the privileged information to which I have access in the course of my official duties; and maintain the confidentiality of information that is not otherwise available to the public. 13. Neither neglect my personal obligation to the public and my legal obligation to the Province of Alberta, nor surrender these responsibilities to any other person, group or organization. 14. Commit to disclosing to the appropriate authorities and/or to Council any behaviour or activity that I become aware of that may qualify as corruption, abuse, fraud, bribery or any other violation of the law or this Policy. Dated at the County of Newell, in the Province of Alberta, this day of Signature