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HomeMy WebLinkAbout13 162 Code of Conduct, Council/Staff Protocol Adoption By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT IA , � Ng 1lIlY0F KMCP� BY -LAW NO. 2013 -162 BEING A BY -LAW TO ADOPT A CODE OF CONDUCT FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE AND COUNCIL /STAFF PROTOCOL WHEREAS Section 223.2 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, provides that without limiting Sections 9, 10 and 11, those sections • authorize the municipality to establish codes of conduct for members of the council of the municipality and of local boards of the municipality; AND WHEREAS pursuant to the said Municipal Act, Section 11 (2) provides that a lower -tier municipality may pass by -laws, respecting the governance structure of the municipality and its local boards; AND WHEREAS Council deems it advisable to adopt a Code of Conduct to augment the Oath of Office sworn by each member of Council; AND WHEREAS the Code of Conduct is intended to provide a guideline to individual members of Council in acting at all times in a manner that will enhance public trust and confidence; AND WHEREAS Council also deems it advisable to adopt a Council /Staff protocol to provide consistent and relevant guidance expressed in terms of general principles for members of Council and Senior Management Staff; NOW THEREFORE the Council of The Corporation of the Municipality of • Kincardine ENACTS as follows: 1. That the Code of Conduct for the Council of the Corporation of the Municipality of Kincardine and Council/ Staff Protocol attached hereto as Schedule "A" be adopted by the Municipality. 2. That By -law No. 2007 - 329 be hereby repealed. 3. This By -law shall come into full force and effect upon its final passage. 4. This By -law may be cited as the "Code of Conduct, Council /Staff Protocol Adoption By -law ". READ a FIRST and SECOND time this 18 day of December, 2013. Mayor Clerk READ a THIRD time and FINALLY PASSED this 18 day of December, 2013. Mayor Clerk 1CIP41 � ( k"\\ great energy. jbalanced life. LQNCAR .JNL__:) MUNICIPALITY OF KINCARDINE CODE OF CONDUCT, COUNCIL/STAFF PROTOCOL ADOPTION BY-LAW BY-LAW NO. 2013-162 This is Schedule "A " to By -Law No?°13 I (o a- passed the t 7 day of Decmbe{ 2013 CODE OF CONDUCT FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE AND COUNCIL/ STAFF PROTOCOL Purpose The purpose and intent of the Code of Conduct is to augment the Oath of Office sworn by each Member of Council. The Code is intended to provide a guideline to individual Members of Council in acting at all times in a manner that will enhance public trust and confidence in Municipal Council. ( "Member" means a Member of the Council of the Municipality of Kincardine, elected in accordance with The Municipal Elections Act.) The purpose of the Council /Staff Protocol is to provide consistent and relevant guidance expressed in terms of general principles for Members and Senior Management Staff. This Code of Conduct is established pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, s. 223.2. 1.0 Standards of Conduct 1.1 The Member must discharge with integrity all duties owed to Council, the Municipality of Kincardine, and the public and shall accurately communicate the attitudes and decision of the Council, even if the Member disagrees with Council's decision, so that respect for the "decision- making process" of Council is fostered. 1.2 The Member shall abide by the provisions of the Human Rights Code and, in doing so, shall treat every person, including other Members of Council, management staff and employees, individuals providing services on contract for service, students on placements, and members of the public, with dignity, understanding and respect for the right to equality and the right to an environment that is safe and free from harassment and discrimination. 1.3 The Member shall at all times seek to advance the common good of the community as a whole which they serve. 1.4 The Member shall serve his /her constituents in a conscientious and diligent manner. 1.5 The Member has a duty to hold in strict confidence all information concerning matters dealt with in "Closed Session" by Council. The Member shall not release, make public or in any way divulge any such information or any aspect of the "Closed Session" deliberations, unless expressly authorized or required by law to do so. 1.6 In Committee and Council, the Member shall treat the Chair, other Members, Management Staff and delegations from the public with courtesy, respect and good faith. 1.7 The Member shall have, and encourage public, respect for the by- laws and policies (ie. Social Networking Policy) of the Municipality of Kincardine. 1.8 The Member shall make every effort to participate in Committees /Boards of Council to which he /she is appointed, and shall always be forthright with Council regarding the affairs of such Committees /Boards. 1.9 The Member shall be respectful that Management Staff are expected to make recommendations to Committee of the Whole and Council that reflect professional and corporate management, judgement, and opinions and which are not unduly influenced by any single Member of Council. 1.10 It is acceptable for a Member to publicly disagree about an issue, but it is unacceptable for a Member to make derogatory comments about other Members, their opinions and actions. 1.11 A Member disagreeing with an issue should speak to the issue and respect other Members rights and dignity to hold an opposing opinion. 1.12 A Member must communicate all questions or concerns about police related matters to the Kincardine Police Services Board through the Council appointee to the Board. If a ratepayer or constituent has an issue or complaint about an incident or situation or the service of the local detachment of the Ontario Provincial Police, they should be advised to report the situation or concern to the South Bruce Detachment in the first instance. 2.0 ROLES — Council and Management Staff Protocol 2.1 Role of Council • To uphold the law of the Municipality of Kincardine, or Ontario and of Canada and not be party to their breach, evasion or subversion. • To govern and provide political direction. • To ensure that management systems work properly, establishing vision, goals, determining needs and outcomes to be achieved, and empowering effective management staff performance. • To determine corporate policy and strategy and make decisions about issues following consultation with municipal management staff and community residents. • To respond to constituent concerns referring them to staff if appropriate, to keep municipal management staff informed, to be open to discussion and to ask when clarification is needed. • Not to be involved with the day to day running of the Municipality or to interfere with the managed systems in place but rather to use the Chief Administrative Officer and the Senior Managers as liaison in municipally related matters. 2.2 It is expected that Council Members will: • Discuss issues with the Chief Administrative Officer and /or Senior Manager where appropriate and, wherever possible, request information from the Chief Administrative Officer or Senior Manager if appropriate, prior to raising questions at Council meetings. • Discuss with the Clerk issues of protocol, the appropriate wording of motions, notice of motions, amendments, and formalities relevant to the Procedure By -law. 2.3 Role of Senior Management Staff: • To uphold the law of the Municipality of Kincardine, or Ontario and of Canada and not be party to their breach, evasion or subversion. • To provide timely reports to Council outlining factors that will assist in its decision making process, research policy issues as required, provide sufficient information based upon analysis and best professional expertise and judgement. (Timely information ensures that Council Members are provided information early enough to allow for review and consultation. Timeliness also ensures that deadlines and commitments requiring adjustment are communicated proactively, rather than after the fact). • To implement Council's decisions. • To manage and identify the means for achieving corporate goals and outcomes. • To provide appropriate follow -up to Council inquiries, to keep Members of Council up to date and informed, to be open to discussion, and to ask when clarification is needed. • To identify strategies and potential resolutions involving constituents concerns. • To manage the day to day business of the Municipality. 2.4 It is expected that Management Staff will: • Ensure that Council is apprised of any issues that may impact upon their decision making process. • Present a departmental or corporate perspective in writing to Council. • Notify Council, in a timely fashion, of changes to legislation and any unintended or unexpected impacts of policy decisions through written reports and /or presentations. • Convey feedback to Council Members who may not be aware of existing policy or other workload demands and related issues. • Inform the Mayor or in his /her absence the Deputy Mayor, immediately if any of the following events take place: • an employee death while at work • a disabling injury to an employee as per Ontario Health & Safety Act • any Ministry of Labour "Orders to Comply" • any potential litigation that affects the corporation • in the event any of the Municipality's infrastructure or systems are placed in a seriously unsafe state, including but not limited to fire, water, health and safety. • any matter that may place persons or the corporation at undue risk. 3.0 Acceptance of Gifts or Benefits 3.1 A Member of Council shall not accept a gift, favour or service from any individual or organization in the course of the performance of civic duties other than: a) the normal exchange of hospitality among persons doing business, in an amount not to exceed $100.00 (individual level); b) tokens exchanged as a part of protocol; c) normal presentations made to persons participating in public functions; d) gifts to the Municipality of Kincardine shall be used for the benefit of the Municipality and shall not exceed $500.00. 3.2 Monetary or other payment may not be accepted for the performance of any service connected to municipal government. 3.3 A Member shall not use the name "Corporation of the Municipality of Kincardine" to obtain discounts for privately purchased goods or services. 3.4 Members shall not receive or demand preferential treatment in the use of municipal facilities or services unless it is a requirement of formal duties or as provided for under the authority of Council. 4.0 Ceremonial Events 4.1 Requests for Municipal representation at ceremonial events will be communicated to the Mayor. In the event the Mayor and the Deputy Mayor are unavailable to represent the Municipality, then the Mayor will recommend which Member of Council should serve as a substitute. 4.2 Invitations addressed to Council Members at their private residences are presumed to be for unofficial, personal consideration. Invitations received by the Municipality are presumed to be for official Municipal representation. IC I 5.0 General Announcements — Meeting Protocol 5.1 A Member should recognize that the Council agenda item "General' Announcements" is an opportunity to recognize achievements, make announcements, promote an event or recognize matters of community -wide interest and matters which are for the good of Council. 5.2 In the event that an "issue" relating to constituents, staff or municipal committees, is brought forward at "General Announcements" section of the Council Agenda, it is expected that the Mayor shall ask the question "Has this matter been referred to Committee /Department ? ". 6.0 Use of Municipal Letterhead and Municipal Web Site 6.1 Municipal letterhead may be used when a Member is representing the Municipality's official position. A copy of all such correspondence must be given to the Clerk to be filed as part of the public record. It is not appropriate for a Member to use Municipal letterhead for correspondence representing a personal point of view or a dissenting point of view from an official Council position. 6.2 A Member may use Municipal letterhead in official correspondence with departments and committees of Council. 6.3 A Member linking a personal web site to the Municipal Web Site must state clearly that the web site is not an official Municipal web site and the views expressed are personal. 7.0 Public /Media Representation 7.1 The Mayor or in his /her absence the Deputy Mayor and the Chief Administrative Officer are the designated representatives of Council to present and speak on the official municipal position. If an individual Member is contacted by the media /public, they should be clear about whether their comments represent the official Municipal position or a personal viewpoint. When making formal public presentations, the Mayor, or designate, shall present the municipal policy position. 7.2 Senior Management shall be responsible for providing technical details to supplement information provided by the Mayor, or designate, as set out in Section 7.1.