HomeMy WebLinkAbout16 109 Integrity Commissioner (Robert J. Swayze, Barrister & Solicitor) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2016 - 109
BEING A BY -LAW TO RETAIN AND APPOINT ROBERT J. SWAYZE,
BARRISTER & SOLICITOR, AS THE CORPORATION OF THE MUNICIPALITY
OF KINCARDINE'S INTERIM INTEGRITY COMMISSIONER PURSUANT TO
SECTION 223.3 OF THE MUNICIPAL ACT, 2001
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 (the Act) Sections 8 and 9
(1) provide municipalities with the powers of a natural person to enable them to
• govern their affairs as they consider appropriate under this or any other Act and
to enhance their ability to respond to municipal issues;
AND WHEREAS Section 223.3 of the Act, authorizes a Municipality to appoint
an Integrity Commissioner who reports to Council to investigate in an
independent manner the functions assigned by the municipality with respect to
the application of the code of conduct and of any procedures, rules and policies
of the municipality and local boards governing the ethical behaviour of members
of council and of local boards or either of them and to exercise such powers and
perform such duties as may be assigned to him /her by the municipality;
AND WHEREAS by Resolution # 03/02/16 -04 Council adopted Policy GG. 6.9
Code of Conduct for Members of Council which outlines the powers and
duties /responsibilities of an integrity commissioner;
AND WHEREAS by Resolution # 09/21/16-11 Council directed Staff to identify
and recruit an interim Integrity Commissioner;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
• deems it advisable to retain and appoint Robert J. Swayze, Barrister & Solicitor,
as The Corporation of the Municipality of Kincardine's interim integrity
commissioner pursuant to section 223.3 of the municipal act, 2001, as amended;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine retain and appoint
Robert J. Swayze, Barrister & Solicitor, as The Corporation of the Municipality
of Kincardine's interim integrity commissioner;
2. That the Mayor and Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of the Council of The Corporation of the
Municipality of Kincardine, the agreement with Robert J. Swayze, Barrister &
Solicitor, attached hereto as Schedule `A', and to affix the corporate seal.
3. This By -law shall come into full force and effect upon its final passage.
•
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Integrity Commissioner (Robert J. Swayze, Barrister & Solicitor) By -law
By -law No. 2016 - 109
4. This By -law may be cited as the "Integrity Commissioner (Robert J. Swayze,
Barrister & Solicitor) By -law ".
• READ a FIRST and SECOND TIME this 5th day of October, 2016.
READ a THIRD TIME and FINALLY PASSED this 5th day of October, 2016.
/ nru4OLCILOUL.
Mayor Deputy Clerk
111
•
1111
This is Schedule "A__" to By -Law
No. 2° ' b -109 passed the 5 day
of (i 4drr 20 IC,
Agreement re: Integrity Commissioner
Dated: October 5, 2016
Between:
The Corporation of the Municipality of Kincardine
(hereinafter referred to as the "Municipality ")
-and -
Robert J. Swayze, Barrister & Solicitor
(hereinafter referred to as the "Independent Contractor ")
Whereas:
1. Section 223 of the Municipal Act, 2001, S.O. 2001, c.25 (the
"Act "), authorizes a Municipality to appoint an Integrity
Commissioner, hereinafter referred to as Integrity
Commissioner, who reports to Council, to investigate in an
independent manner the functions assigned by the municipality
with respect to
a. the application of the code of conduct for members of
Council; and
b. the application of any procedures, rules and policies of
the municipality governing the ethical behaviour of members
of council and of local boards or of either of them;
2. in appointing an Integrity Commissioner and in assigning
powers and duties to him /her, Municipality has had regard to,
among other things:
a. the investigators independence and impartiality;
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b. confidentiality with respect to the investigator's
activities;
c. the creditability of the investigator's investigative
process;
3. the Municipality is satisfied that the Independent Contractor
has the skills and ability to meet the foregoing criteria;
Now therefore the parties agree as follows:
1. Services - The Municipality hereby retains and appoints the
Independent Contractor as an Integrity Commissioner pursuant
to Section 223 of the Act and the Integrity Commissioner
agrees to provide such services in accordance with the Act,
for and at the request of the Municipality and accepts such
appointment.
2. Duties - The duties of the Integrity Commissioner shall be:_
i. To provide written and oral advice to individual members
of Council about their own situation under the Code of
Conduct and other procedures, rules and policies
governing the ethical behaviour of members, which advice
shall be binding on the Independent Contractor.
ii. To provide Council with specific and general opinions
and advice on the County's procedures, rules and
policies regulating the conduct of members and issues of
compliance with such regulations.
iii. To conduct inquiries within the discretion of the
Independent Contractor, into a request made by County
Council, a member of Council, a local board, a member of
a local board or a member of the public into whether a
member of Council or a member of a local board has
contravened any applicable code of conduct, procedures,
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rules and policies governing the ethical behaviour of
members.
iv. To determine whether a member of Council has violated
any Kincardine procedures, rules and policies governing
ethical behaviour and report any violation with any
recommendation for sanction to Council.
v. To provide, as requested, outreach programs to Council
and local boards on issues of ethics and integrity.
vi. To provide, as required, recommended policies and
procedures to govern the ethical behaviour of Members of
Council.
In performing such duties, the Integrity Commissioner shall
have the powers set out in Subsection 223.13 (6) and Sections
223.14 to 223.18 of the Act.
3. Fees
i. Hourly Rate - The Independent Contractor shall be paid a
fee at the rate of $280 per hour for his time spent.
The Independent Contractor agrees that such fee shall be
charged or credited only for such time that the
Independent Contractor is actively investigating an
inquiry, preparing and presenting his /her report with
respect thereto or addressing a request for advice or
information from the municipality. It is understood
that trips to Kincardine will be minimized, but in such
event, one half of the time spent traveling will be
docketed at the above rate and mileage will be charged
at $.52 per KM. The Independent Contractor is entitled
to be reimbursed other reasonable receipted expenses
related to his duties.
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ii. Detailed Invoices - The Independent Contractor further
covenants and agrees to provide detailed dockets of his
time spent and to identify each matter separately. The
Independent Contractor shall invoice the Municipality
monthly and such invoices shall be paid by the
Municipality within thirty (30) days of receipt.
iii. Term - The term of this Agreement (the "Term ") is for a
fixed one year term commencing on October 5, 2016 and
ending on October 4, 2017 unless renewed and /or extended
by agreement of all the parties. This agreement may be
terminated without cause at any time by resolution of
the Municipal Council.
iv. Taxes - All amounts payable to the Independent
Contractor shall be paid without deduction. The
Independent Contractor shall be responsible for any
contributions imposed or required under employment
insurance, health tax, social insurance, income tax
laws, Worker's Compensation (if elected to enrol),
pension with respect to any amounts paid to the
Independent Contractor. The Municipality assumes no
obligation or liability as between the parties to this
Agreement to deduct or remit any statutory or government
remittances.
v. Independent Contractor - The Independent Contractor is a
contractor independent of the Municipality. Nothing
herein shall be interpreted to create a relationship of
employer /employee, partnership, franchise, agency or
joint venture or other like arrangement.
4. Binding - This Agreement shall enure to the benefit of and
bind the parties and their respective heirs, successors and
permitted assigns.
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5. Indemnification - The Municipality agrees to indemnify and
save harmless the Independent Contractor, its agents and
assigns, from and against any and all liabilities, losses,
suits, claims, demands, damages, expenses, costs (including
all legal costs), fines and actions of any kind or nature
whatsoever arising out of or in connection with the
Independent Contractor's provision of services and carrying
out of its duties including, but not limited to, any alleged
breach of this agreement, any procedural defect or other
breach of relevant statutory provisions.
6. Entire Agreement - This Agreement contains the entire
agreement between the parties and supersedes all previous
negotiations, understandings and agreements, verbal or
written with respect to any matter referred to in this
agreement.
In witness hereof each of the parties hereto have set its hand and
seal as of this 5 day of October, 2016.
Signed, Sealed & Delivered
The Corporation of the Municipality of Kincardine
•
Mayor
Chief Administrative Officer
The Independent Contractor hereby accepts and agrees to the terms
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and conditions herein contained.
Date
Witness Robert J. Swayze, Barrister &
Solicitor
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