The Corporation of the City of Cornwall
Clerk’s Department
Department:
Sub-Section:
Approval:
Council
Policy Number:
Effective Date:
Revision Date:
Related Policies:
Code of Conduct
for Council and Local Boards
Definitions
“Member of Council or a Committee” shall include any Elected Member of the
Council of The Corporation of the City of Cornwall as well as any individual
appointed by Council to a Board, Commission or Committee in accordance with
the Municipal Act, 2001, S.O. 2001, Chapter 25.
“Integrity Commissioner” shall mean a person appointed by Council as an
“Integrity Commissioner” for The Corporation of the City of Cornwall.
“Municipal Act” shall mean the Municipal Act 2001, S.O. 2001, Chapter 25, as
amended and regulations thereto.
Principles upon which this code is based
It is a long-standing principle of municipal law that an elected member of a
municipal council is not an agent or employee of the municipal corporation in any
legal sense. Individual council members have no authority to act for the
corporation except in conjunction with other Members of Council or a Committee
constituting a quorum at a legally constituted meeting; with the exception of the
Mayor or other chief executive officer of the corporation, they are legislative
officers without executive or ministerial duties. (Quote from: Supreme Court of
Canada decision Canada (Information Commissioner) v. Canada (Minister of
National Defence 2011 SCC 25)
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Code of Conduct for Council and Local Boards
Consequently, in the last decade the trend has been for each Council to adopt a
Code of Conduct by which to govern themselves. The public is entitled to expect
the highest standards of conduct from the members that it elects to local
government. In turn, adherence to these standards will protect and maintain the
municipality’s reputation and integrity.
This Code shall apply to all Council Members, the Mayor, and members of local
boards and will be referred to hereafter collectively as “Members of Council or a
Committee”. This Code acknowledges that Members perform their duties in office
conscientiously and to the best of their ability.
Key statements of principle that underline this Code of Conduct are as follows:
a. Members of Council or a Committee must serve and be seen to serve their
constituents in a conscientious and diligent manner.
b. Members of Council or a Committee must be committed to performing their
functions with integrity, avoiding the improper use of the influence of their
office, and conflicts of interest, both apparent and real.
c. Members of Council or a Committee are expected to perform their duties in
office and arrange their private affairs, in a manner that promotes public
confidence and will bear close public scrutiny, generate community trust and
enhance the role and image of Council and local government.
d. Members of Council or a Committee must recognize and act upon the
principle that democracy is best achieved when the operation of government
is made as transparent and accountable to members of the public as
possible. In particular, local government is expected to be the most
transparent and accountable level of government.
e. Members of Council or a Committee shall seek to serve the public interest in
a fair, impartial and professional manner by upholding both the letter and
spirit of the laws of Parliament and the Ontario Legislature, as well as the
laws and policies adopted by the municipal council.
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Code of Conduct for Council and Local Boards
The Code of Conduct is a public declaration of the principles of good conduct and
ethics (standards of behaviour) that council has decided its stakeholders can
reasonably expect of Council and its local boards, in the performance of the
responsibilities of elected community representatives or public appointees.
Elected positions in the community are a privilege which carries significant
responsibilities and obligations. Council members are held to a high standard as
leaders of the community and they are expected to become well informed on all
aspects of municipal governance, administration, planning and operations.
1.
Roles, Responsibilities and Objectives of Council
1.1
The Municipality of Cornwall recognizes that defining clear operational and
strategic roles for council is an essential management practice. It is the
Members of Council or a Committee’s role, responsibility or objective to:
a. Establish and evaluate policies and programs that define the strategic
priorities to be achieved, the parameters with which the CAO/Clerk and staff
are to operate, Council/Staff relations and council processes.
b. Ensure that high quality municipal services and programs are provided in a
cost-effective manner and to determine which services the municipality
provides.
c. Balance the values, aspirations, priority and competing interests of the
municipality.
d. Market and promote the Municipality of Cornwall as a great place to live,
work and play.
e. Ensure that administrative and controllership policies, practices, and
procedures are in place to implement the decisions of council.
f. Carry out the duties of council as defined in the Municipal Act or any other
applicable act.
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Code of Conduct for Council and Local Boards
g. Be impartial in reaching council decisions, respect the decisions and accept
the responsibility associated with the democratically achieved decision.
h. Balance the interests of the community against the rights of the individual.
i. Attend and participate in Council meetings, apologize or obtain leave of
absence in advance for non-attendance.
j. Give due consideration to the business of council and be informed on the
matters for decision.
k. Ensure a fair and equitable treatment of all matters under consideration.
l. Be fair, just and non-discriminatory in their dealings with individuals and
organizations and behave in a manner that facilitates constructive
communication between the council and the community.
m. Fairly represent the diversity of the community views when developing
overall strategy for the future of the municipality.
n. Show respect for electors opinions and property.
o. Set objectives and determine strategies to achieve council’s corporate
objectives in a Strategic Plan.
p. Achieve sound financial management, planning and accountability, by
careful consideration and allocation of resources and expenditures.
q. Be aware of and conversant with the statutory obligations and legal
requirements imposed on council as a whole, as well as each individual
member of council.
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Code of Conduct for Council and Local Boards
2.
Roles, Responsibilities and Objectives of the CAO
2.1
The City Council of Cornwall recognizes the role of the C.A.O as the sole
person responsible for the day to day administrative management of the
City’s operations and services to the public, along with being accountable for
the implementation of the longer term strategic planning initiatives. This
role reports directly to the Mayor. It is also recognized that the C.A.O will
also be able to exercise this same autonomy for decisions as it relates to
internal, non-council operational policy and human resources related
matters. Furthermore, in using this discretion, he/she will judge as
appropriate what information should be shared with the Council for such
related items.
3.
Potential Conflicts
3.1
Be aware of and disclose any situation that may create a tension between
public and private roles.
3.2
Follow guidelines as to the appropriateness of the acceptance of gifts and
gratuities.
3.3
Claim reasonable and fair reimbursement of expenses and usage of Council
equipment for official purposes.
3.4
Guard against the misuse of his or her position to gain an advantage for
themselves or others.
3.5
Recognize that an individual Member of Council or a Committee has no
authority to make decisions, direct staff or commit council resources and
may be held accountable for his or her actions.
3.6
Understand and acknowledge that only Council as a whole through a motion
of Council has the capacity to direct staff members to carry out specific tasks
or functions.
3.7
Refrain from using their position to improperly influence members of staff in
their duties or functions or to gain an advantage for themselves or others.
3.8
Refrain from publicly criticizing individual members of staff in any way that
casts aspersions on their professional competence and credibility.
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Code of Conduct for Council and Local Boards
4.
Hiring Principles
4.1
The City Council of Cornwall believes and recognized that the strength of
our organization and the services we provide to the citizens of Cornwall
resides with our having recruited, retained and empowered the best people
from the local community to act and provide services on our behalf.
4.2
Council also recognize the ethical principles as part of our selection process
be made on basis of merit and be conducted through a fair and open
competition where appropriate. For a majority of our positions we will be
open with our job opportunities and advertise them both internally and
externally in attempting to solicit the largest pool of candidates possible.
Where this process is not exercised, it will be at the discretion of the
management team and will provide sufficient explanation as to the reasons
for an direct appointment of a person to the position.
4.3
The selection process will appoint the best available person judged against
the essential criteria for the role by the hiring Manager and Human
Resources. No one should be appointed to a job unless they are competent
to do it and the job must be offered to the person who would do it best.
4.4
Administration will be fair in the process by displaying no bias in the
assessment of candidates, and theses assessments will be objective,
impartial and applied consistently, with candidates being given reasonable
access to information about the job and its requirements, and about the
selection process.
4.5
This process is to be governed by the Human Resources Department and
remain free of influence or partiality by both elected City Councilors as well
as by Senior Managers of the City of Cornwall.
4.6
Members of Council or a Committee shall appreciate and respect that:
a. The Municipality shall act in accordance to its hiring policies: Each Member
of Council or a Committee shall act with respect to the CAO’s authority
under the policies.
b. The ethical principles of the selection process are based on merit and are
conducted through a fair and open competition, where appropriate.
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Code of Conduct for Council and Local Boards
c. The selection process will appoint the best available person, as judged
against the essential criteria for the role by the hiring Manager and Human
Resources.
d. There shall be no bias in the assessment of candidates. The assessments
will be objective, impartial and applied consistently, with each candidate
being given reasonable access to information about the job and its
requirements, and the selection process.
5.
Transparency and Openness in Decision-Making
5.1
Members of Council or a Committee will ensure to conduct and convey
council business in an open and public manner so that stakeholders can
understand/comprehend the process, logic and rationale which were used
to reach conclusions or decisions.
5.2
In-camera sessions may be held in accordance with section 239 (2) and
(3.1) of the Municipal Act, 2001 S.O. 2001 Chapter 25). In order to hold an
In-Camera meeting, an Agenda must be published in advance, with the
proposed resolution to go In-Camera.
5.3
Members of Council or a Committee must adopt a resolution and specify
one of the following reasons and the general nature of the subject:
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i.
the security of the property of the municipality or local board;
personal matters about an identifiable individual,
ii.
a proposed or pending acquisition or disposition of land by the
municipality or local board;
iii.
labour relations or employee negotiations;
iv.
litigation or potential litigation,
v.
solicitor-client privilege,
vi.
a matter in respect of which a council, board, committee or other
body may hold a closed meeting under another Act.
vii.
An issue involving Municipal Freedom of Information and Protection
of Privacy Act request
viii.
an Educational or training sessions
Code of Conduct for Council and Local Boards
5.4
The Minutes of the meeting shall contain a section entitled ‘Rise and Report’
to make the public aware of the nature of the motions adopted in-camera, to
the extent that they can be revealed without comprising the need for the
in-camera meeting.
6.
Public Input
6.1
Council or a Committee, as a whole, may periodically use formal or informal
opportunities to seek public input as a component of the decision-making
process which have broad impacts on the community. The purpose of the
exercise will be to provide stakeholders with a mechanism to provide
opinions and advice so that the widest range of views and information is
available before final decisions are made.
6.2
These methods include:
a. Council, Committees, Boards and Administration shall participate effectively
in a democratic process allowing its citizens full access to information.
b. Council and Administration shall provide transparent communication
through various media releases and public meetings which involves the
community at large, while ensuring its integrity and clarity.
c. Council and Administration shall continue to publicly report on progress,
while improving performance and budget restraints.
d. Council shall receive presentations by Administration during regular
recorded meetings on various subjects in order to allow the public to better
understand complex issues.
e. Council shall adopt a Policy detailing the manner in which the municipality
will try to ensure that it is accountable to the public for its actions, and the
manner in which the municipality will try to ensure that its actions are
transparent to the public. s. 270(1) 5
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Code of Conduct for Council and Local Boards
7.
Use of Information and public Communications
7.1
In their decision making process, Members of Council or a Committee are
sometimes privy to information which may be confidential or controversial
such as, but not limited to, “Closed/In-Camera” meetings, and may include
e-mails and correspondence from staff, Members of Council or a Committee
or third parties.
7.2
Members of Council or a Committee have a duty to hold in strict confidence
all information concerning matters dealt with at a “Closed/In-Camera”
meeting or that is determined to be confidential by the Clerk/CAO or
specifically declared by Council. It is expected that Members of Council or
a Committee will:
7.3
Use confidential information appropriately so as not to benefit themselves or
others or cause detriment to the Corporation, Council or themselves or
others.
7.4
Respect the status of confidential information (ex.: personal, legal, property
acquisition, labour relations) until after the matter ceases to be confidential
as determined by the Clerk /CAO or Council.
7.5
Understand that Members of Council enjoy the same access rights to
municipal information as any other member of the community, unless it is
specifically relevant to a matter before the Council.
7.7
Only release information according to the provisions of the Municipal
Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter
M.56. A member of Council shall not, either directly or indirectly release,
make public, or in any way divulge any such information or any aspect of the
“closed/In-Camera” or confidential information to anyone, unless expressly
authorized by Council or required by law to do so.
7.8
Members of Council shall not participate in the purchasing process (tender,
RFP, RFQ), other than as a witness in public, before a recommendation is
brought to Council.
7.9
Accurately communicate the attitudes and decisions of Council, even if they
disagree with a majority decision of Council.
7.10 Understand and respect the decision-making process.
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Code of Conduct for Council and Local Boards
7.11 The Mayor in an official capacity as Head of council, or a designate, shall
communicate official information related to council decisions to the
community and the media.
7.12 Convey information concerning the adoption of policies, procedures and
decisions of council openly and accurately.
7.13 Communicate confidential information only after determined by Council.
8.
Gifts and Benefits
8.1
Members of Council or a Committee shall not solicit, offer or agree to accept
a commission, reward, gift, advantage or benefit of any kind, personally or
through a family member or friend, which is connected directly or indirectly
with the performance of duties of the office.
8.2
Members of Council or a Committee will only accept gifts, hospitality or
entertainment of a nominal value that could not be logically construed as
being given in anticipation or recognition of special consideration by the
Corporation.
8.3
Members of Council or a Committee acknowledge that the Mayor will, in
his/her role, periodically receive and distribute ceremonial or other similar
items.
9.
Use of Corporate Property
9.1
Members of Council or a Committee may only use corporate property,
equipment, supplies or services of consequence, for activities connected
with the discharge of official duties or associated community activities
having the sanction of council or its committees.
9.2
Members of Council or a Committee shall avoid waste, abuse and
extravagance in the provision or use of public resources and shall expose
fraud and corruption of which the Member of Council is aware.
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Code of Conduct for Council and Local Boards
10.
Election Year Specific Rules
10.1 The purpose of this section is to avoid misunderstandings by providing
guidelines regarding the use of corporate resources during an election year,
based on the Municipal Act, which prohibits a City from contributing to an
election campaign, and a candidate from accepting a contribution from
someone prohibited from contributing. (Municipal Elections Act, s.70 (4) 3)
and (7). As a contribution may take various forms (money, goods or
services, equipment etc.) the following are to clarify to all election
candidates, elected members, and City staff what use of the Corporation’s
resources for an election campaign would be illegal.
10.2 In an election year, Council will adhere to the following guidelines regarding
the use of corporate resources and communications during election year:
a. Council shall be aware that during staff working hours, staff may not
canvass or actively work in support of a municipal, provincial or federal
candidate or party, in accordance with the Corporate Policy on Employees’
Political Activities and shall not request any election related assistance from
staff.
b. Corporate resources (including equipment, supplies, staff and funding must
not be used for any election-related purpose.
c. The following is a non-exhaustive list of uses, which, if funded or
City-owned, would be a contravention to the Act, and therefore must not be
used for election purposes:
d. City Owned Electronic Devices: corporate information technology assets,
infrastructure, or data (i.e. computers, wireless devices, portals, corporate
email, web pages, social media links, including Facebook, twitter, blogs)
telephone, voice mail or email systems.
e. City symbols; the City’s crest, logo, brand, coat of arms or slogan (either
printed or on a campaign website).
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Code of Conduct for Council and Local Boards
f. Communications, publicity, photographic or video material, websites or
domain names containing the name, photograph or identity of a registered
candidate.
g. Signs, Election Promotion in City owned buildings, unless the location is
rented according to the municipal policy and the fees have been paid from
the candidate’s election account.
11.
Conflicts of Interest – Pecuniary Interest
(Definition of Pecuniary: of or relating to money, or consisting of, or, given or
exacted in money or monetary payments
It is the responsibility of individual Council Members to ensure that they are aware
and be trained in the application of the Municipal Conflict of Interest Act. The onus
is on the Council Member to identify a conflict of interest, and shall take the
appropriate action to identify the existence of a conflict in favour of his/her public
duty.
A conflict of interest exists when an individual is, or could be, influenced, or appear
to be influenced by a personal interest, financial (pecuniary) or otherwise, when
carrying out their public duty.
Recognizing that it is impossible to anticipate all possible conflicts that may arise
during a Member’s term of office and, those conflicts may not be only pecuniary in
nature, it is generally advisable to be as open as possible. It is not enough that a
conflict of interest not exist – it must also be seen by taxpayers to be non-existent.
11.1 The following principles should be used a guide:
a. In making decisions, always place the interests of the taxpayers first.
b. Always interpret the phrase “Conflict of Interest” in the broadest possible
terms.
c. If in doubt, it is better to disclose a situation.
d. At least once per four (4) year term, every Council Member shall attend a
training session on Conflict of Interest.
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Code of Conduct for Council and Local Boards
e. It is the responsibility of the individual Council Member to obtain
independent legal advice with respect to any situation that might arise
whereby there is a potential for a conflict of interest.
f. It is considered a breach of this policy to require or to attempt to require staff
members to assist in the determination of a conflict of interest for individual
Council Members.
11.2 Outside Work or Business Activities
Council Members shall not engage in any outside work or business activity that
conflicts with their duties as a Member of Council, which uses their knowledge of
confidential plans, projects, or information about the holdings of the Corporation;
and that will, or is likely to, negatively influence or affect them in carrying out their
duties as a Member of Council.
Members of Council or a Committee shall not engage in any activity, financial or
otherwise, which is incompatible or inconsistent with the ethical discharge of
official duties in the public interest.
Without limiting the generality of the foregoing, Members of Council or a
Committee shall not:
a. use any influence of their office for any purpose other than official duties;
b. act as an agent before Council or any committee, board or commission of
Council.
c. Place themselves in a position of obligation to any person or organization
which might reasonably benefit from special consideration or may seek
preferential treatment;
d. Give preferential treatment to any person or organization in which a
Member or Members of Council or a Committee have a financial interest;
or
e. Influence any administrative or council decision or decision-making
process involving or affecting any person or organization in which a
Member or Members of Council or a Committee have a financial interest.
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Code of Conduct for Council and Local Boards
12.
Compliance
12.1 Council Members have the primary responsibility to assure that these ethical
standards and codes are understood and met and that the public can
continue to have full confidence in the integrity of the City of Cornwall’s
municipal government.
12.2 Council as a whole provides for the enforcement of this policy as it relates to
Members of Council or a Committee. Any allegation or breach made under
this policy will be directed to the Integrity Commissioner and he or she will
direct the investigation and make recommendations as are reasonable. In
determining appropriate discipline, Council will have regard to the
responsibilities as well as the severity of any misconduct. Disciplinary
action arising from violations of this Code of Conduct is the responsibility of
the Council, depending upon circumstances.
12.3 Members of Council or a Committee shall comply with the laws of Canada,
the Province of Ontario and the Municipality of Cornwall in the performance
of their public duties.
13.
Informal Complaints
13.1 All complaints will be considered informal unless complaints form is filed and
remitted to the City or the Integrity Commissioner directly, detailing the
concern/issue.
13.2 Anonymous complaints that include threats, harassing statements, abusive
language or vulgarity will be saved but not considered or tracked. Members
of the public may make anonymous complaints directly to the integrity
commissioner.
14.
Official Complaints Process
Procedure
A written complaint form may be obtained on the City’s website or the from Clerk’s
Department and must signed. The original copy of the complaint will be scanned
and forwarded to the Clerk and CAO and any relevant department head. The
original will be retained in the Clerk’s archives for tracking and follow up.
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Code of Conduct for Council and Local Boards
Privacy
In order to protect the privacy of individuals with respect to personal information, all
complaints are to be handled in accordance with the Municipal Freedom of
Information and Protection of Privacy Act (MFIPPA), unless the person waives the
right to confidentiality in writing.
No elected official shall be involved in the complaints process before it is submitted
to the Integrity Commissioner’s office for investigation.
15.
Interim Appointment of an Integrity Commissioner
15.1 In the interim, the City of Cornwall shall appoint an Integrity Commissioner
on an as needed basis, at a Special Council meeting, if required. The choice
of Integrity Commissioner shall be made from organizations such as Ethics
Scan, ADR Chambers and other such reputable organizations, based on the
availability of the members and experience in Municipal matters.
16.
Education and Outreach
16.1 In order to prevent misunderstandings and complaints, Elected Officials and
staff are encouraged to consult the integrity commissioner on potential
conflicts of interest, when necessary.
16.2 The integrity commissioner shall offer his or her opinions to all Members of
Council or a Committee and staff who request it. These opinions should be
given in the strictest confidence. However, if an Elected Official or staff
member makes public part of a commissioner’s report on a matter, the
Integrity Commissioner shall be free to make all of it public in response.
16.3 The commissioner’s office shall be available to provide advice on ethics
training as necessary for both Council Members and staff.
16.4 The integrity commissioner may provide periodic training and develop
ongoing ethical education programs or materials for City staff and Council
Members. This type of outreach is an important part of ensuring a strong
ethical culture.
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Code of Conduct for Council and Local Boards
17.
Responsibility for the investigation of any alleged breach
17.1 An Integrity Commissioner appointed by Council of the Municipality of
Cornwall will be responsible for the investigation of any alleged breach.
17.2 The Integrity Commissioner shall discuss with the complainant whether the
complaint may be processed through a proactive Public Interest Model
(consensus building approach) or an Inquiry Adversarial Model.
17.3 The Council appointed Integrity Commissioner shall make the final
determination.
17.4 To guard against misuse for political purposes of the integrity
commissioner’s complaint process, the commissioner shall be free to
dismiss frivolous complaints at the outset, publicly identifying them as such,
if appropriate.
17.5 The commissioner shall also be able to identify those who launch bad-faith
complaints, and recommend to Council that bad-faith complainants
reimburse the City for the expenses of the investigation.
17.6 Elected Officials and staff shall cooperate fully with investigations by the
integrity commissioner.
17.7 Sanctions for withholding co-operation shall be equal the sanctions for
ethical breaches, so a clear message is sent that withholding cooperation
offers no advantage.
17.8 A copy of the Integrity Commissioner’s final report will be filed with the Clerk
and placed on the next public Council meeting agenda. A copy will be saved
in the Clerk’s department archives and the report shall be made available to
the public on the City’s website.
17.9 The integrity commissioner may recommend to Council an appropriate
range of sanctions for ethical misdeeds by Council Members.
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Code of Conduct for Council and Local Boards
18.
Method of Investigation
18.1 The Integrity Commissioner appointed by the Council of the Municipality of
Cornwall will investigate the alleged breach in an independent manner and
report back to the Council.
18.2 Depending on the nature of the complaint, the Integrity Commissioner may
choose an Inquiry Adversarial Model of Investigation or a Proactive Public
Interest Model.
19.
Protection of the Rights of the Individual during the investigation
19.1 The Commissioner and every person acting under the jurisdiction of the
Commissioner shall preserve secrecy with respect to all matters that come
to his/her knowledge in the course of his/her duties of the investigation.
19.2 If the Commissioner provides periodic report to Council on his/her activities,
the Commissioner may summarize advice he/she has given but shall not
disclose confidential information that could identify a person concerned.
20. Procedure for an investigation of an alleged breach of the code of
conduct
20.1 A copy of the official complaint and a request for an investigation into an
alleged breach shall be made in writing to the Clerk’s Department, which
shall forward it to the Integrity Commissioner, within 3 days of
reception. The request shall contain the name of council Member who
breached the Code of Conduct as well as details setting out specific breach
and how committed.
20.2 The Integrity Commissioner will make every effort to acknowledge the
complaint to the complainant within 3 days.
20.3 The Integrity Commissioner will contact the complainant to obtain further
information and to discuss the issue.
20.4 The Integrity Commissioner will make every effort to resolve the issue within
20 days.
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Code of Conduct for Council and Local Boards
20.5 If the issue requires more time, Integrity Commissioner shall advise the
complainant and the City in writing, with an estimate of the time required to
resolve the issue.
20.6 The Integrity Commissioner shall file a written report for each complaint.
21.
Decisions reported to Council and options for remedial action
21.1 Decision of a breach, recommendations and options for remedial actions will
be made by the Integrity Commissioner and will be submitted to Council
during a public meeting (censured where necessary) (Section 223.6 (3)
22.
Penalties for a breach of the Code of Conduct:
22.1 Where a decision is rendered using Proactive Public Interest Model on a
systemic issue, the focus will be on education and training remedial action to
improve the system rather than an individual penalty.
22.2 The Council of the Municipality may impose penalties with regards to the
alleged contraventions of the Code of Conduct for Council Members.
Penalties may include, but are not limited to:
a. public reprimands, public apologies
b. expulsion from one or more committee meetings, for no more than 90 days
c. removal from committee posts or committee chair positions, expulsion from
one or more Council meetings
d. Enforcement of Procedural Bylaw section 7.9.2 (a) and (b)
e. Any combination of the above.
22.3 Council shall rule on the integrity commissioner’s recommendations for
sanctions within a maximum of 60 days.
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Code of Conduct for Council and Local Boards
23.
Other Complaints
23.1 Complaints and Discrimination or Harassment made by Municipal
Employees
The City Council of Cornwall is strongly supportive of an open and inclusive
work environment, while in the process of assessing legitimate complaints
about harassment and discrimination. It will not consider the following to be
of consideration in assessing any potential complaints:
A disagreement or misunderstanding
A difference of opinion
23.2 Where a municipal employee files a complaint of harassment or
discriminatory treatment by a Member of Council or a Committee, the
Member may participate in the Informal Resolution and/or Mediation
process under the Harassment Policy of The Corporation.
23.3 Definitions:
Harassment: Workplace harassment is a course of vexatious comment
(ie: demeans, humiliates, embarrasses) or conduct directed at a worker that a
reasonable person knew or should have known would be unwelcome. It includes
actions, comments, or displays. It may be a single incident or continue over time.
23.4 Some examples of harassment include:
unwelcome remarks, slurs, jokes, taunts, or suggestions about a person’s
body, clothing, race, national or ethical origin, colour, age, sex, marital
status, family status, physical or mental disability, sexual orientation;
pardoned conviction, or other personal characteristics;
unwelcome sexual remarks, invitations, or requests (including persistent,
unwanted contact after the end of a sexual relationship);
written or verbal abuse or threats;
patronizing or condescending behavior;
humiliating an employee in front of co-workers;
abuse of authority that undermines someone’s performance, competency,
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Code of Conduct for Council and Local Boards
or threatens his/her career;
vandalism of personal property; and/or;
physical or sexual assault.
23.5 If the Members of Council or a Committee do not participate in these
processes or if the complaint is not resolved through these processes, the
complainant may lodge a complaint to the Ontario Human Rights
Commission by contacting the commission by telephone (1-800-387-9080),
in person, by mail or its website (www.ohrc.on.ca).
24.
Criminal Complaints: Breach of Trust, Municipal Corruption
infractions
24.1 Any complainant may take the following steps, if applicable, to address
prohibited activity by a Member of Council:
24.2 A complainant may contact the Cornwall Police Service with respect to an
investigation under s. 122 of the Criminal Code of Canada, where the
allegation is that a Member of council, in a matter connected to the duties of
office, commits fraud or a breach of trust.
24.3 A complainant may contact the Cornwall Police Service with respect to any
investigation under s. 123 of the Criminal Code of Canada, where the
allegation is that a Member of council, in a matter connected to the duties of
office, demands, accepts or offers or agrees to accept from any person a
loan, reward, advantage or benefit of any kind.
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i.
a complainant may advise the Member of Council verbally or in
writing that the activity contravenes this policy;
ii.
a complainant may encourage the Member of Council to stop the
prohibited activity;
iii.
a complainant should keep a written record of the incidents including
dates, times, locations, other persons present, and any other
relevant information.
Code of Conduct for Council and Local Boards
24.4 A complainant may refer his/her complaint to the Ontario Human Rights
commission where the alleged misconduct involves a violation of the Human
Rights Code.
Mayor Leslie O’Shaughnessy
Norm Levac
Chief Administrative Officer
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Code of Conduct for Council and Local Boards