HomeMy WebLinkAbout2017-019The Corporation of the Municipality of Clarington
By-law 2017-019
Being a by-law to appoint an Integrity Commissioner
for the Municipality of Clarington.
Whereas Section 8 of the Municipal Act, 2001, S.O. c. 25 provides, in part, that a
municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising authority;
And Whereas Sections 223.4 to 223.8 of the Municipal Act, 2001 provide that an
Integrity Commissioner has certain powers and protections during investigations;
And Whereas the Municipality of Clarington Council has approved a new Code of
Conduct, as recommended in Report CLD -003-17;
And Whereas the Municipality of Clarington deems it necessary to appoint an
Integrity Commissioner to administer the Code of Conduct;
Now therefore the Council of the Corporation of the Municipality of Clarington
hereby enacts as follows:
That the Mayor and Clerk be authorized to execute, on behalf of the
Municipality of Clarington, an agreement with Fasken Martineau to affect the
appointment of Guy W. Giorno as Clarington's Integrity Commissioner and
also to provide the required services for Clarington's Integrity Commissioner
on such terms and conditions as were presented in the Regional Request For
Proposals and such other terms and conditions as may be required and
approved by the Manager of Purchasing to give effect to the Agreement.
2. That Guy W. Giorno be appointed for a term from the date of February 28,
2017 to the end of the current term of Clarington Council and the entire
subsequent term of a subsequent Clarington Council.
3. That an agreement with Fasken Martineau and Guy W. Giorno being
appointed as Clarington's Integrity Commissioner provide the following roles
and provide the following services:
3.1. Role
(a) The role of Integrity Commissioner is to advise Members of
Council to ensure that they are performing their functions in
accordance with the Council Code of Conduct and other
applicable legislation, procedures, rules or policies governing
their ethical behaviour. The Integrity Commissioner will
provide no legal advice as it relates to conflict of interest
matters and just provide general consultative advice and
guidance.
(b) The Integrity Commissioner will serve the public interest and
is granted authority under the Municipal Act, 2001 to
educate, advise and investigate the conduct of Members of
Council.
3.2. Duties
The Integrity Commissioner shall cause to perform, in an
independent manner, the functions of an Integrity Commissioner
pursuant to Part V.1 of the Municipal Act, 2001 with respect to
applications of the Code of Conduct for Members of Council
including any legislation, procedures, rules and policies of the
Municipality of Clarington governing the ethical behaviour of the
Members of Council. The mandate of the Integrity Commissioner
will include:
(a) Provisions of advice and education upon request by a
Member of Council or by Council as a whole, regarding
ethical obligations and responsibilities under their Code of
Conduct, and any other legislation, rules or policies
governing their ethical behaviour; and
(b) Receiving, assessing and investigating where appropriate,
complaints made by Council, a member of Council, a
member of staff, or a member of the public respecting an
alleged breach of the Code of Conduct for the Members of
Council of the Municipality of Clarington through the
provisions of the Code of Conduct and the Complaints
Protocol.
(c) Giving advice on policy issues and the workings of the
Integrity Commissioner's office.
3.3. Reporting to Council
(a) The Integrity Commissioner will report directly to Council, via
the General Government Committee or the calling of a
special meeting, with a written report containing the results
of investigations and one annual report summarizing the
year's activities, observations and any resulting general
recommendations.
(b) The Integrity Commissioner may recommend that Council
impose penalties in accordance to the Municipal Act, 2001 if,
in the opinion of the Integrity Commissioner, a Member of
Council has contravened the Code of Conduct.
3.4. Other General Provisions
(a) That, should the Integrity Commissioner conduct an
investigation or provide any other service, it shall do so in
accordance to the terms and conditions of the Agreement
executed between it and the Municipality of Clarington and
shall adhere to all applicable laws, applicable statutes and
established municipal policies.
(b) That, should the Municipality of Clarington desire any further
services from the Integrity Commissioner outside what is
outlined in this by-law, the Integrity Commissioner may
oblige in providing such other services, so long as the
Council passes a resolution to authorize the Integrity
Commissioner to provide such other service. If authorized to
do so, the Integrity Commissioner will charge their hourly fee
in accordance to the Agreement for such other services to
the municipality requesting such other services.
Passed this 27th day of February, 2017.
rr
Adrian Foster, Mayor
and G4entree, Whicipal Clerk