Council Code of Conduct Consultations · required to adopt a code of conduct – Council has...

Council Code of Conduct Consultations2018 Association of Manitoba Municipalities June District MeetingsJune 7 – 22, 2018

What we’ve heard• AMM Resolution #26/16:

Amend The Municipal Act to provide municipalities with a more comprehensive process for addressing continuous breaches of the Code of Conduct by a Council member.

• AMM Resolution #05/17:“…strengthen legislation regarding the prevention, investigation and enforcement mechanisms available to municipalities in response to harassment and bullying in the workplace between elected officials and between elected officials and municipal staff.”

• AMM Resolution #04-2017: “…strengthen the powers of censuring when a Council member is clearly in contravention of the Municipalities Code of Conduct; and FURTHER BE IT RESOLVED THAT the AMM lobby the Province of Manitoba to allow Code of Conduct complaints to be heard by the Ombudsman who can make further recommendations that can be implemented by a Council resolution.”

Training & Awareness

Introduction

Standards & Values

Complaints

Sanctions & Penalties

Appeal Process

Next Steps

Agenda

• Objectives and Scope

• Current council code of conduct requirements

• Feedback needed on these topics:– Training and Awareness– Defined Standards and Values– Process for Dealing with Complaints– Sanctions / Penalties– Appeal Process

• Next Steps


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Objectives

• Obtain your feedback on the matters that an effective council code of conduct should address


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

• Provide an overview of the existing legislative requirements on council code of conduct

• Provide an overview of other jurisdictions’ council code of conduct requirements

Scope

• Complex and multi-faceted issues

• Council member code of conduct:– Acceptable behaviour for council members

in dealing with each other, employees and citizens


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Council Code of Conduct

• Since 2012, all municipalities are required to adopt a code of conduct – Council has authority to establish and

enforce the content of their codes of conduct

• Other provinces are starting to require a code of conduct: QC (2010), AB, SK, ON.– Requirements for what the codes must

address are prescriptive and more explicit


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Council Code of Conduct –Template

• Principles• Purpose• Rules of Conduct

– Respectful Conduct– Respect for Decision-Making Process– Preferential Treatment– Respect for Role of Administration– Election Campaign Work

• Consequences of Misconduct (censure)• Review and Revision of the Code


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Training and Awareness

• Only QC and ON require training specifically on ethical and respectful conduct– QC within 6 months after the beginning of his or her

term– ON training delivered by mandatory Integrity

Commissioners

• Training imposed as a sanction / penalty


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Training and Awareness – we want to know…

• Should it be mandatory for all council members to participate in a professional development program on municipal ethics and good conduct?


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Defined Standards and Values

• AB, SK, QC require codes to establish ethical standards and values, and other topics

• MB and ON do not define in legislation specific standards and values that a council code of conduct must address


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Defined Standards and Values – we want to know…

• Should the Province define the specific standards and values that must be addressed in a council code of conduct?

• What matters should be included?


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Process for Dealing with Complaints

• No jurisdiction prescribes a standard process for dealing with complaints

• MB and SK – complaints dealt by council

• ON – Integrity Commissioner

• QC – Minister and Commission municipaledu Québec


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Process for Dealing with Complaints – we want to know…

• Who should be able to make a complaint alleging a breach of council code of conduct?

• Should the Province prescribe the process by which complaints are reviewed and evaluated?

• Who should be responsible for reviewing and evaluating the complaint?

• What is a reasonable timeline to process a complaint?


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Sanctions / Penalties - MB

• Censure (s. 84.1 of The Municipal Act)

• Sanctions / penalties within municipal authority:- Removal of a council member from a meeting- Removal of a council member from membership of a

committee or local board- Removal as Chair of a committee- Reduction or suspension of remuneration


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Sanctions / Penalties – other Jurisdictions • Explicit sanctions / penalties in AB, SK, ON, QC:

- Letter of reprimand- Removal from a meeting- Removal from membership of a committee or local board- Removal as Chair of a committee- Educational training on ethical and respectful conduct- Repayment of money/gifts received- Reduction or suspension of remuneration- Suspension for up to 90 days (QC)

• No jurisdiction enables a municipality to remove/disqualify a council member for violating the code


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Sanctions / Penalties – we want to know…

• Who should impose the sanction / penalty if a council member is found to have breached the code?

• What sanctions / penalties should be available?

• What sanctions / penalties should be available for continuous breaches of the code of conduct?


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Appeal Process

• No clear, formal process for a council member to appeal any imposed sanctions/penalties

• Third-party oversight:– Integrity Commissioner (ON)– Minister and Commission municipale du

Québec (QC)


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Appeal Process – we want to know…

• Should the council member have access to an appeal process?

• How should an appeal be processed and who should be processing the appeal?


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Council Code of Conduct

Are there any other matters that should be addressed or any other changes you would

suggest?


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

Next Steps

• Submit your questionnaire by July 31

• Consultations at the MMAA in September

• Feedback will be reviewed with the AMM and MMAA

• Detailed feedback to be sought on potential legislative changes in Fall 2018


Introduction

Standards & Values

Complaints


Appeal Process

Next Steps

• Results presented at the AMMConvention in November

Questions/Comments

Phone: (204) 945-2572

Email: [email protected]

Council Code of Conduct Consultations · required to adopt a code of conduct – Council has...

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