Recommendation: That the following
actions be taken with respect to proposed amendments to the Council Policy
5(30) – Code of Conduct for Members of Municipal Council and the
establishment of a Lobbyist Registry:
a)
pursuant
to section 13.7 of the Council Procedure By-law, the actions of the Municipal
Council taken at its meeting of September 18, 2012, related to the adoption
of clause 11 of the 24th Report of the Finance and Administrative Services
Committee, concerning the Council Members Integrity Commissioner BE
RECONSIDERED;
b)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to prepare a
by-law to adopt the attached (Appendix “B”) Council Code of Conduct,
which incorporates an Integrity Commissioner, for introduction at the
Municipal Council meeting to be held on April 30, 2013;
c)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to prepare
and report back to Municipal Council with Terms of Reference outlining the
duties and functions to be assigned to an Integrity Commissioner established
under sections 223.3 to 223.8 of the Municipal Act, 2001, that would
include, but is not limited to, the following:
(i)
appointment
by Council by by-law under section 223.3 of the Municipal Act, 2001;
(ii)
to
function independently from the Civic Administration and report directly to
Municipal Council;
(iii)
to
review the Code of Conduct for Members of Municipal Council and to make
recommendations thereon as necessary, at a minimum of once per year;
(iv)
to
serve a multi-faceted role to act not only as a complaint investigator, but
also as an advisor to individual Members of Council in relation to the Municipal
Code of Conduct, and any procedures, rules and policies of the municipality
governing the ethical behaviour as well as any associated policies, and act
as a proactive educator for the Municipal Council, the Civic Administration
and the Public;
(v)
to
provide semi-annual reports to the Municipal Council summarizing his/her
activities in accordance with section 223.6 of the Municipal Act, 2001;
and
(vi)
to
provide individual investigative reports, as required, which will include
background concerning the complaint and recommendations to Municipal Council
with respect to the complaint for its consideration, in accordance with
section 223.6 of the Municipal Act, 2001; and
d)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to report
back to Municipal Council with a process for the recruitment of an Integrity
Commissioner that would include, but is not limited to the following
provisions:
(i)
preparation
of a Request for Proposal (RFP) that will require the submission of the
following information: fees to be charged, under an independent contract and
outline the following general qualifications;
A. proven impartiality
and neutrality, such as that of a judge;
B. an ability to
provide services on a part-time, flexible, and as-needed basis;
C. no other involvement
in political campaigning/endorsements, or related conflict of interest;
D. no financial
interest in the work undertaken by the City;
E. an independent
person who personifies high ethical standards;
F. experience managing
sensitive inquiries, conducting investigations and making appropriate
recommendations;
G. excellent
communications skills;
H. familiarity with
investigatory procedures and the applicable legal principles, particularly as
they relate to evidence, legal interpretation and natural justice;
I. general knowledge
and appreciation of municipal government;
J. ability to
interpret and apply the provisions of various statutes, regulations, policies
and other enabling frameworks;
K. impartiality,
wisdom, sound judgment combined with the ability to inspire trust and confidence;
and
L. at least ten years
of senior-level management, legal or quasi-judicial experience.
(ii)
appointment
to be for a four-year term, to be staggered two years between Council terms
to ensure continuity; and
(iii)
fees
to be paid to the Integrity Commissioner, under an independent contract; and,
e)
the
Managing Director, Corporate Services & City Treasurer, Chief Financial
Officer BE DIRECTED to provide a source of financing for the
establishment of an Integrity Commissioner;
f)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to report
back in one year, after the implementation of the Integrity Commissioner, to
evaluate the need for the establishment of a Lobbyist Registry;
g)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to
incorporate into the complaint resolution process, an opportunity for early
stage mediation.
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