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HomeMy WebLinkAbout23 040 Accountability and Transparency Policy By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 040 Being a By-law to Adopt an Accountability and Transparency Policy for the Corporation of The Municipality of Kincardine Whereas Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain a policy with respect to 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; and Whereas pursuant to the said Municipal Act, Section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act ; and Whereas the Council of the Corporation of the Municipality of Kincardine desires to adopt a new Accountability and Transparency Policy; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That the Accountability and Transparency Policy for The Municipality of Kincardine, attached hereto as Schedule ‘A’ and forming part of this By -law be adopted. 2. That By-law 2007 - 354 is hereby repealed. 3. That this By-law shall come into full force and effect upon its final passing. 4. That By-law may be cited as the “Accountability and Transparency Policy By-law”. Read a First and Second Time this 20th day of March, 2023. Read a Third Time and Finally Passed this 20th day of March, 2023. Mayor Clerk Schedule ‘A’ By-law 2023 - 045 Policy No.: ADMIN.01 Section: Your Government and People Policy Title: Accountability and Transparency Policy Adopted Date: March 20, 2023 By-law No.: 2023 - Revision Date: 1. Purpose The Accountability and Transparency Policy provides the framework and outlines the standards for accountability and transparency in municipal government to ensure public trust, participation, and effective decision- making. By adopting this policy, the municipality is committed to promoting accountability and transparency in its operations and decision-making processes. Subsection 270(1)(5) of the Municipal Act, 2001 provides that a municipality shall adopt and maintain policies with respect to 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”. 2. Scope This policy applies to all municipal operations, staff, and Members of Council. 3. Definitions “Accountability” shall mean that municipality is obligated to demonstrate and take responsibility for its actions, decisions and policies that is answerable to the public at large. “Municipality” shall mean The Corporation of the Municipality of Kincardine. “Transparency” shall mean that the municipality will conduct its business in an accessible, clear and visible manner and that its activities are open to review by the public, fostering trust in government and improving service delivery. 4. Responsibility Municipality of Kincardine Council and staff are responsible for adhering to the parameters of this policy and for ensuring accountability for their actions and the transparency of municipal decision-making and operations. 5. Policy Statement The Municipality of Kincardine acknowledges that it is responsible for providing good government for the community in an accountable and transparent manner and will promote this by following these principles: - Decision-making will be open and transparent; - Municipal operations will be conducted in an ethical and accountable manner; - Municipal resources will be managed efficiently and effectively; - Inquiries, concerns and complaints about accountability and transparency of the municipality will be responded to in a timely manner; - Reports on service standards, financial information, and municipal performance will be made available to the public to encourage public involvement in municipal government; - Delegations of powers and duties will have appropriate corresponding accountability mechanisms. Schedule ‘A’ By-law 2023 - 045 Accountability and Transparency Framework The Municipality is committed to accountability and transparency through a framework which includes: - Code of Conduct for Council Members - Appointment of an Integrity Commissioner - Employee Code of Conduct - Records Management Policy - Hiring Policy - Health and Safety Policy - Election-Related Resources Policy - Strategic Plan and Planning Process - Land Use Planning Processes - Public Registry of Declarations of Interests Financial Accountability and Transparency Framework The Municipality will be open, accountable, and transparent to its stakeholders in its financial dealings. Tools that Municipality of Kincardine uses to provide accountability and transparency in financial matters are as follows: - Internal reviews and external audits - Annual financial statements - Budget process, including capital and operating budgets - Budget variance reporting - Procurement policy - Remuneration policy - Disposal of assets, including land - Delegation of powers and duties - Public information related to planning and development applications - Strategic asset management policy and asset management plan - Long-term financial plan Open Government & Meetings The Municipality is committed to providing timely, accurate, and accessible information to the public. This includes publishing public notices, agendas, and minutes of all meetings, as well as making public records and data available upon request. Kincardine Council and Committee Meetings are open to the public except as authorized by Section 239(2) of the Municipal Act. Notice of these meetings must be given in advance and meeting minutes must be available to the public. The Municipality of Kincardine has developed policies, procedures, and practices to promote local democracy, including: - Procedure By-law - Public Notice Policy - Accessible formats of documents - Website and Social Media Use Public Participation The municipality encourages and welcomes public participation in decision- making processes. Council and Committee meetings will be open to the public, as required under the Act, and members of the public will have the opportunity to make delegations and/or submit comments in writing on specific items at these meetings that will provide feedback on policy and program development. In addition, the municipality has adopted policies which ensure that participation by the public can be meaningful and effective, through timely disclosure of information by various means including print media, the municipal website, municipal social media accounts, etc. Schedule ‘A’ By-law 2023 - 045 6. Related Documents/Legislation The Municipality of Kincardine is accountable and transparent to the public by fulfilling a number of legislated responsibilities and disclosure of information. Below are some of the statutes which govern how the Municipality conducts its business in an open, accountable, and transparent manner. Various pieces of legislation govern how the Municipality of Kincardine conducts its business to ensure that it is being accountable and transparent to the public, including: - Accessibility for Ontarians with Disabilities Act, 2005 - Municipal Act, 2001 - Municipal Conflict of Interest Act - Municipal Elections Act, 1996 - Municipal Freedom of Information and Protection of Privacy Act - Occupational Health and Safety Act (Violence and Harassment in the Workplace) - Ombudsman Act - Provincial Offences Act - Public Sector Salary Disclosure Act In addition to those noted various legislative, policy, procedural, and practices that Council and staff are to comply with to promote accountability and transparency.