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HomeMy WebLinkAbout17 161 Integrity Commissioner (Harold G. Elston) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT *Faj 4,14 •t. ,i �I'yiO/pALI 1(1100 BY-LAW NO. 2017 - 161 BEING A BY-LAW TO APPOINT HAROLD G. ELSTON, AS THE INTEGRITY COMMISSIONER FOR THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 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 223.2 of the Act, as amended, authorizes a municipality to establish a code of conduct for members of the council of the municipality and of its local boards; AND WHEREAS Section 223.3 of the Act authorizes a municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned 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 the Municipality's integrity commissioner; AND WHEREAS Council deems it advisable to appoint an integrity commissioner for The Corporation of the Municipality of Kincardine pursuant to the Act; NOW THEREFORE the Council of The Corporation of the Municipality of • Kincardine ENACTS as follows: 1. That Harold G. Elston be appointed as the Integrity Commissioner for The Corporation of the Municipality of Kincardine with the term to commence January 1, 2018 and end on December 31, 2020 with the option to renew for an additional two year period. 2. That the Municipality of Kincardine enter into an agreement with Harold G. Elston. 3. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement with Harold G. Elston, attached hereto as Schedule 'A', and to affix the corporate seal. • Page 2 of 2 Integrity Commissioner (Harold G. Elston) By-law By-law No. 2017 - 161 4. This By-law shall come into full force and effect upon its final passage. • 5. This By-law may be cited as the "Integrity Commissioner (Harold G. Elston) By-law". READ a FIRST and SECOND TIME this 6th day of December, 2017. READ a THIRD TIME and FINALLY PASSED this 6th day of December, 2017. I4 - SJ� Mayor Clerk • • • This is Schedule"..61."to By-Law No.POP-I b I passed the day of 1Jecemler 2013- This Agreement is effective the 1st day of January, 2018 BETWEEN: The Corporation of the Municipality of Kincardine (Hereinafter referred to as the "Municipality") OF THE FIRST PART AND: Harold G. Elston (Hereinafter referred to as the "Commissioner") OF THE SECOND PART WHEREAS Section 223.2 of the Municipal Act, 2001 S.O. 2001, c. 25, as amended (the "Act"), authorizes a municipality to establish a code of conduct for members of the council of the municipality and of its local boards; AND WHEREAS Section 223.3 of the Act authorizes a municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing 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 the code of conduct for members of local boards; b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards; c) both of clauses a) and b); AND WHEREAS amendments to the Act have been proclaimed to come into effect March 01, 2019; AND WHEREAS the Municipality is satisfied based on the information provided and representations made to the Municipality, through the County of Bruce Request for Proposals for Services of an Integrity Commissioner process by Harold G. Elston, that the Commissioner has the skills and ability to meet the foregoing criteria; THE MUNICIPALITY AND THE COMMISSIONER THEREFORE AGREE AS FOLLOWS: 1. Services The Municipality hereby retains and appoints the Commissioner as Integrity Commissioner pursuant to Section 223.3 (1 ) of the Act and the 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 Commissioner shall be: a) At least once per term of Council, deliver an oral presentation to Members of Council and local boards regarding the role of the Integrity Commissioner and ethical obligations and responsibilities of Members under the Code of Conduct and any other procedures, rules or policies governing the ethical behaviour of such Members and Councillors. b) Upon proper request, provide advice in writing, to individual Members regarding their ethical obligations and responsibilities under their Code of Conduct and any other procedures, rules or policies governing their ethical behavior; c) Upon proper request, provide advice and recommendations to Council regarding amendments to the Code of Conduct and any other procedures, rules or policies governing their ethical behavior; d) Prepare and deliver an annual report to Council (or more frequently if requested by Council), containing a summary of activities, if any, during the previous calendar year. e) Serve as proactive educator for Council, Members of local boards, the Municipality and the public about the Municipality's Code of Conduct for Members of Council and Members of local boards. f) Upon proper request from a Member of Council or local board, municipal administration or one or more members of the public, to conduct an inquiry in an independent manner and make a determination as to any alleged contravention of the Code of Conduct or applicable procedures, rules, and policies by a member of Council or local board and, thereafter, to report the details and results of such inquiry to municipal Council. All of which shall be referred to herein as "the Services". The duties of the Commissioner set out in this Agreement shall be modified to commence March 01, 2019 to include amendments to the Act which come into effect that date, the day named by proclamation of the Lieutenant Governor. 3. Fees a) Hourly Rate - The Commissioner will be paid a fee of Two Hundred and Fifty Dollars ($250.00) per hour, plus applicable taxes for time devoted to Services as Integrity Commissioner for the Municipality. b) Expenses - Upon presentation of receipts and with approval prior to the expense being incurred, The Commissioner will be entitled to reimbursement of mileage incurred in relation to performance of duties contemplated by this agreement at a rate of$0.50 per kilometre. 4. Term a) Subject to the provisions of this Agreement the initial term of this Agreement shall commence January 1, 2018 and end on December 31, 2020. The Municipality shall, at its sole discretion, have the unilateral option to renew for an additional two-year period on the same terms and pricing. This option shall not be impacted by the failure to renew any other municipality participating in the cooperative RFP. 5. Independent Contractor The Commissioner is appointed under authority of Section 223.3(1) of the Act and as such is responsible for performing the Services in an independent manner. The Commissioner may identify himself publicly as the Integrity Commissioner appointed by the Municipality. The Commissioner shall be an independent contractor and shall not be considered and shall at no time represent himself to be legal counsel, an agent, or an employee of the Municipality. The parties hereby acknowledge and agree that The Commissioner shall not be entitled to any benefits under any statute or the common law affecting employees. The Municipality shall pay no worker 's compensation premiums, provide any health or life insurance, make any contributions on behalf of the Vendor to the Canada Pension Plan, deduct or withhold any amounts on account of employment insurance of federal or provincial taxes or provide the Vendor with any benefits other than as set out expressly herein. 6. Indemnification The Municipality agrees to Indemnify and save harmless the Commissioner 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 provision of services and carrying out of duties as contemplated hereunder, including but not necessary limited to any alleged breach of this agreement, any procedural defect, or any breach of relevant statutory provisions. 7. Insurance - It shall be the responsibility of the Commissioner to: a) Maintain and keep in force during the term of this contract, Commercial General Liability Insurance with a limit of not less than Two million ($2,000,000.00) and shall include the Municipality as an additional insured with respect to the operations, acts and omissions relating to obligations under this Agreement, such policy to include non-owned automobiles liability, personal injury, broad form property damage, contractual liability, owners' and contracts' protective products and completed operations, contingent employers liability, cross liability and severability of interest clauses. b) Maintain and keep in force during the term of this contract, Professional Liability Insurance with a limit of not less than Two million ($2,000,000.00) per occurrence, subject to an annual aggregate of Two million ($2,000,000.00) for each member of the firm or partnership or an individual who will perform work on behalf of the Municipality prior to commencement of work and at the beginning of each calendar year during the appointment period. c) Provide the Municipality with a Certificate of Insurance detailing the coverage and expiry date for all policies, which certificate shall also show the Municipality as an additional insured. 8. Confidentiality a) The Commissioner is entitled to have access to all books, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the Municipality or a local board that the Commissioner believes to be necessary for an inquiry. b) The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his/ her knowledge in the course of his/ her Services, save and except that information may be disclosed in a criminal proceeding as required by law or otherwise set out in section 223.5(2) of the Act. c) The Commissioner shall comply with the confidentiality provisions of the Act and specifically those requirements set out in sections 223.5, 223.6, 223.7 and 223.8 of the Act, and the requirements of the Code. d) Except as may be required by law, the Commissioner shall not disclose confidential information that was the subject of a closed meeting under Section 239 of the Act or which could identify a person concerned. 9. Early Termination The within agreement may be terminated by either party at the end of any calendar year by delivery of a written notice of such early termination delivered on or before December 1st of any such calendar year during the term of this agreement. The parties hereto acknowledge and agree that it is a condition of this Agreement that the Commissioner comply with the Municipality's Code of Conduct, policies and procedures (if applicable) and any By-laws passed by Council, including, but not limited to, any policies of by-laws, including Policy GG.6.9 Code of Conduct for Members of Council, outlining the procedure for handling complaints or conducting inquiries, and the Municipality shall be entitled to terminate this Agreement without any prior notice and with no cost or penalty should the Commissioner be found to have breached this condition, failed to have satisfied any obligation described in the Act, or to have disclosed any confidential information as described in the preceding paragraph. 10. Notice Any notice required pursuant to this Agreement shall be delivered to the respective parties hereto at the following addresses: For Municipality: Municipality of Kincardine c I o Clerk 1475 Concession 5 RR 5 Kincardine, ON N2Z 2X6 For Commissioner: Mr. Harold G. Elston 393 First Street, Suite 306 Collingwood, ON L9Y 1B3 Any written notice between the parties hereto which specifically excludes any invoice rendered herein, shall be delivered or sent by pre-paid registered mail addressed to the parties at the respective addresses listed above. Notice shall be deemed to have been received on the date on which notice was delivered to the addresses designated or, in the case of mailing, on the fifth day after the date of mailing. 11. Severability All paragraphs, terms and conditions of this agreement are severable and the invalidity, illegality or unenforceability of any such paragraph, term or condition shall be deemed not to affect the validity, legality, or enforceability of the remaining paragraphs, terms and conditions. 12. Complete Agreement This agreement, including any schedule hereto, constitutes the entire agreement between the parties and supersedes all prior agreements, negotiations and discussions, whether oral or written, with respect to the subject matter of this agreement. 13. Enurement This agreement shall enure to the benefit of and is binding upon the parties hereto and their respective successors and permitted assigns. 14. Counterparts This agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall be but one and the same instrument. IN WITNESS WHEREOF the Parties hereto have executed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Authorized by By-law No. 2017 - 001 t 414 ,v, �I Name: Anne Eadie Title: Mayor Name: Sharon Chambers Title: Chief Administrative Officer We have the authority to bind the Corporation L% Witness (Sign Name) Name: Harold G. Elston Witness (Print Name)