HomeMy WebLinkAbout20 163 Integrity Commissioner (Harold G. Elston) 2020 By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2020 - 163
BEING A BY-LAW TO APPOINT HAROLD G. ELSTON,
AS THE INTEGRITY COMMISSIONERFOR
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 #02/20/19 - 12 Council adopted Policy GG. 6.15
Code of Conduct for Counciland Members of Local Boardswhich outlines the
powers and duties/responsibilities of the MunLFLRDNLUZ\]T 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, 2021 and end on December 31, 2023 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 attached hereto as Schedule ^A_.
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
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Page 2 of 2
Integrity Commissioner (Harold G. Elston) 2020 By-law
By-law No. 2020 - 163
4. This By-law shall come into full force and effect upon its final passage.
5. This By-law may EH FLUHG DT UKH ^Integrity Commissioner (Harold G. Elston)
2020 By-NDX_$
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READ a FIRST and SECOND TIME this 7 day of December, 2020.
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READ a THIRD TIME and FINALLY PASSED this 7 day of December, 2020.
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This Is Schedule" f l "to By-law
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This agreement is effective the 1st day of January, 2021
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") requires the municipality to establish a code of contact for members of the council
of the municipality and of its local boards;
AND WHEREAS Section 223.3 of the Act authorizes the 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 member of local boards ("Members");
b) the application of any procedures, rules and policies of the municipality and local
boards governing the ethical behaviour of Members;
c) The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act,
R.S.O. 1990, c. M.50, as amended (the "Municipal Conflict of Interest Acf') to
Members;
d) Requests from Members for advice respecting their obligations under the code of
conduct applicable to the Member.
e) Requests from Members for advice respecting their obligations under a
procedure, rule or policy the municipality or the local board, as the case may be,
governing the ethical behavior of Members;
f) Requests from Members for advice respecting their obligations under the
Municipal Conflict of Interest Act; and
g) The provision of educational information to Members, the municipality and the
public about the municipality's code of conduct for Members and about the
Municipal Conflict of Interest Act.
AND WHEREAS the Municipality is satisfied based on information provided and
representation made to the Municipality 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 and Municipal
Conflict of Interest 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
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.
b. Upon written 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
behaviour, including the Municipal Conflict of Interest Act .
c. Upon written request, provide advice and recommendations to Council
regarding amendments to the Code of Conduct and any other procedures,
rules or policies governing their ethical behaviour.
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 a proactive educator for Council, Members, the Municipality and
the public about the Municipality's Code of Conduct for Members.
f. Upon proper request from a Member of Council or local board, municipal
administration or one or more member 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".
3. Fees
a. Hourly Rate — The Commissioner will be paid a fee of Two Hundred and
Fifty Dollars ($250) 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
completed 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, 2021 and end on December 31,
2023. The Municipality shall, at its sole discretion, have the unilateral
option to renew for an additional two-year period on such terms and
pricing as the parties may agree. 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 223.1 (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
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 the 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) and shall include the Municipality as an additional insured
with respect to 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) per
occurrence, subject to an annual aggregate of Two million ($2,000,000)
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 certificates 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 their knowledge in the course of their Services, save ad 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 inquires, 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 the Agreement shall be delivered to the
respective parties hereto at the following addresses:
For Municipality
Municipality of Kincardine
do Clerk
1475 Concession 5, RR #5
Kincardine, ON N2Z 2X6
For Commissioner:
Mr. Harold G. Elston
391 First Street, Suite 304
Collingwood, ON L9Y 1B3
Any written notice between the parties hereto 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 the 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
Anne Eadie
Signed with consign°Cloud(2020/12/24) notar.us
Verify with Consign°or Adobe Reader.
Authorized by By-law No. 2020 - 163
Name: Anne Eadie
Title: Mayor
Sharon Chambers
Signed with Consign°Cloud(2020/1224) notarius
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Name: Sharon Chambers
Title: Chief Administrative Officer
We have the authority to bind the
Corporation
Harold Elston
Signed with Consign°Cloud(2020/12/16) nQtarius
Verify with Consign°or Adobe Reader.
Name: Harold G. Elston