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HomeMy WebLinkAbout04-09-2018C114rington Council Agenda Date: April 9, 2018 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers(o)_clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. In addition, please be advised that some of the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net aaL1IgtOIl 1 Call to Order 2 Moment of Reflection 3 Declaration of Interest 4 Announcements Council Agenda Date: April 9, 2018 Time: 7:00 PM Place: Council Chambers 5 Adoption of Minutes of Previous Meeting(s) 5.1 Council Minutes Minutes of a regular meeting of Council March 19, 2018 Page 5 6 Presentations None 7 Delegations There are no Delegations scheduled for this meeting as of the time of publication. 8 Communications — Receive for Information There are no Communications to be received for information as of the time of publication. 9 Communications — Direction 9.1 Active Janice Jones, Regarding a Request to be Considered for Transportation Appointment to the Active Transportation and Safe Roads and Safe Roads Advisory Committee (Item 7 of the General Government Advisory Committee Report) Committee [Application Distributed Under Separate Cover] (Motion for Direction) Page 2 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Heritage Committee Minutes 10.2 General Government Committee 10.3 Planning & Development Committee Council Agenda Date: April 9, 2018 Time: 7:00 PM Place: Council Chambers Minutes of the Clarington Heritage Committee dated Page 13 March 20, 2018 General Government Committee Report of March 26, 2018 Page 16 Planning and Development Committee Report of April 3, 2018 11 Staff Reports 11.1 Confidential Exceptional Compensation (Distributed Under Separate Report Cover) CAO -003-18 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business None Page 21 Page 3 a Ir 14 By-laws Council Agenda Date: April 9, 2018 Time: 7:00 PM Place: Council Chambers 14.1 2018-027 Being a by-law to adopt the estimates of all sums required during the year, to strike rates and levy taxes for municipal purposes for the year 2018 and to provide for the collection thereof (Approved by Council on February 5, 2018) 14.2 2018-028 Being a By-law to repeal By-law 2010-010, to adopt the Use of Corporate Resources for Election Purposes Policy (Item 6 of the General Government Committee Report) 14.3 2018-029 Being a By-law to amend By-law 2017-020, Council Code of Conduct (Item 6 of the General Government Committee Report) 14.4 2018-030 Being a By-law to amend Schedule A of the Fee By-law 2010-142 (Item 3 of the Planning and Development Committee Report) 14.5 2018-031 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the Municipality of Clarington (Item 4 of the Planning and Development Committee Report) 14.6 2018-032 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the Municipality of Clarington (Item 5 of the Planning and Development Committee Report) 14.7 2018-033 Being a By-law to exempt a certain portion of Registered Plan 40M-2582 from Part Lot Control 15 Procedural Notices of Motion 16 Other Business 17 Confirming By -Law 18 Adjournment Page 4 Clar-ington- Council Minutes March 19, 2018 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of a regular meeting of Council held on March 19, 2018, at 7:00 PM, in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: A. Allison, G. Acorn, T. Cannella, D. Crome, F. Horvath, M. Marano, R. Maciver, N. Taylor, G. Weir, A. Greentree, M. Chambers 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Hooper led the meeting in a moment of reflection. 3 Declaration of Interest There were no disclosures of interest stated at this meeting. 4 Announcements Members of Council announced upcoming community events and matters of community interest. Councillor Woo reflected on his three terms serving as a member of Clarington Council and announced that he will not be running in the 2018 Municipal Election. 5 Adoption of Minutes of Previous Meeting Resolution #C-092-18 Moved by Councillor Traill seconded by Councillor Partner That the minutes of the regular meeting of the Council held on February 26, 2018, be approved; and That the minutes of the special meeting of the Council held on March 12, 2018, be approved. Carried -1- 5 Clarington 6 Presentations None 7 Delegations Council Minutes March 19, 2018 7.1 Chantelle Bourgeois, Owner/Trainer, CMB Racing — Slots Facility at Ajax Downs and the Quarter Horse Racing Industry (Item 7 of the General Government Committee Report) Chantelle Bourgeois, Owner/Trainer, CMB Racing was present regarding the slots facility at Ajax Downs and the quarter horse racing industry. She thanked the members of Council and noted that there were additional members of the quarter horse industry present in the audience. Ms. Bourgeois asked for Council's support of the slots facility remaining at Ajax Downs. She explained that there are a great deal of economic benefits to the equestrian industry and many jobs supported by Ajax Downs. Ms. Bourgeois is confident that if the slots facilities are removed from Ajax Downs that the racing track will be at risk of closing. She added that in 2012 there were cutbacks to the racing industry which negatively impacted her business. Ms. Bourgeois referred to the recent Orono Times article and believes that Ajax has the capabilities to expand their existing facilities. She concluded by noting that Ajax Downs is currently the largest grossing casino in North America based on square footage. Ms. Bourgeois answered questions from the members of Council. Alter the Agenda Resolution #C-093-18 Moved by Councillor Partner seconded by Councillor Woo That the Agenda be altered to consider Item 7 of the General Government Committee Report, at this time. Carried Item 7 - Slots Facility at Ajax Downs and the Quarter Horse Racing Industry Resolution #C-094-18 Moved by Councillor Partner seconded by Councillor Neal Whereas the quarter horse racing industry is an important part of the rural economy of Clarington and Durham Region; Whereas the only quarter horse racetrack in Ontario is located at Ajax Downs; Whereas the viability of Ajax Downs depends on keeping the slots at the Ajax Casino; -2- A• Clar-in on Council gtMinutes March 19, 2018 Now therefore be it resolved that the Municipality of Clarington supports keeping the slots at Ajax Casino to ensure the continued viability of Ajax Downs and the quarter horse racing industry in Clarington and Durham Region; and That this motion be forwarded to MPP's for Durham, the Minister of Agriculture, the Premier of Ontario, the Alcohol and Gaming Commission of Ontario, area municipalities, and the Region of Durham. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Councillor Neal X Mayor Foster X 7.2 Patrick O'Hanlon, President, O'Hanlon Holdings Limited, regarding Report PSD -024-18, An Application by MODO Bowmanville Towns Ltd for a rezoning to permit 103 townhouses in the Bowmanville West Urban Centre (Item 3 of the Planning and Development Committee Report) The Municipal Clerk's Department was advised prior to the meeting that Patrick O'Hanlon would be unable to attend as a delegation. 7.3 Enzo Bertucci, Director of Land Development, Kaitlin Corporation, regarding Report PSD -024-18, An Application by MODO Bowmanville Towns Ltd for a rezoning to permit 103 townhouses in the Bowmanville West Urban Centre (Item 3 of the Planning and Development Committee Report) Enzo Bertucci, Director of Land Development, Kaitlin Corporation, was present regarding Report PSD -024-18, An Application by MODO Bowmanville Towns Ltd for a rezoning to permit 103 townhouses in the Bowmanville West Urban Centre. He advised the members of Council he would like to address several points arising out of the last Planning and Development Committee meeting. Mr. Bertucci advised the members of Council that both the MODO Bowmanville north and south applications were submitted to the Municipality in 2016. He added that the original plan was submitted and the land was zoned for medium density which was within the current Clarington Official Plan. Mr. Bertucci added that when the draft plan of subdivision was approved the north and south were split into two separate plans in order to move forward with the rezoning on the north portion. He explained that they were advised that 43 units per hectare was not sufficient due to development changes in the area and they were requested to increase the density. Mr. Bertucci noted that at the last Planning and Development -3- Clar-ington Council Minutes March 19, 2018 meeting staff advised that they would be looking for a minimum of 200 units per hectare. He referred to a drawing which illustrated 200 units per hectare and explained that this would require a 10 and12 storey building with underground parking. Mr. Bertucci stated that they do not feel this fits with the existing neighbourhood design and would drastically increase the cost per unit. He concluded by asking Council to reconsider the original application so they can move forward with development. Mr Bertucci answered questions from the members of Council. Alter the Agenda Resolution #C-095-18 Moved by Councillor Hooper seconded by Councillor Woo That the Agenda be altered to consider Item 3 of the Planning and Development Committee Report, at this time. Carried Item 3 - An Application by MODO Bowmanville Towns Ltd for a rezoning to permit 103 townhouses in the Bowmanville West Urban Centre Resolution #C-096-18 Moved by Councillor Hooper seconded by Councillor Partner That Report PSD -024-18 be referred back to Staff; That further meetings be scheduled with the developer to consider alternatives; and That staff report back by the April 23, 2018 Planning and Development Committee meeting with options for Council to consider regarding development on the subject lands. Carried Later in the Meeting (See following motions) Suspend the Rules Resolution #C-097-18 Moved by Councillor Neal, seconded by Councillor Woo That the Rules of Procedure be suspended to allow Members of Council to speak to the matter of the foregoing Resolution #C-096-18 a second time. Carried 93 Clarington Council Minutes March 19, 2018 Resolution #C-098-18 Moved by Councillor Neal, seconded by Councillor Woo That the foregoing resolution be amended to include Report PSD -025-18 in the referral back to Staff. Motion Lost The foregoing Resolution #C-096-18 was then put to a vote and carried. Recess Resolution #C-099-18 Moved by Councillor Hooper, seconded by Councillor Partner That Council recess for 10 minutes. Carried The meeting reconvened at 9:03 PM. 8 Communications — Receive for Information There were no Communications to be received for information. 9 Communications — Direction There were no Communications for direction. 10 Committee Reports 10.1.1 Heritage Minutes of the Clarington Heritage Committee dated February 20, Committee 2018 Minutes 10.1.2 Museum Minutes Minutes of the Clarington Museums and Archives Board dated February 14, 2018 10.1.3 Newcastle Arena Minutes of the Newcastle Memorial Arena Management Board Minutes dated January 9, 2018 and February 13, 2018 10.1.4 SWNA Minutes Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated January 9, 2018 -5- E Clarington Resolution #C-100-18 Moved by Councillor Woo, seconded by Councillor Traill That Advisory Committee Report Items 10.1.1 to 10.1.4, be approved. Carried 10.2 General Government Committee Report of March 15, 2018 Resolution #C-101-18 Moved by Councillor Cooke, seconded by Councillor Hooper Council Minutes March 19, 2018 That the recommendations contained in the General Government Committee Report of March 5, 2018, be approved, on consent, with the exception of item #7 (as it was considered earlier in the meeting). Carried 10.3 Planning & Development Committee Report of March 12, 2018 Resolution #C-102-18 Moved by Councillor Neal, seconded by Councillor Hooper That the recommendations contained in the Planning & Development Committee Report of March 12, 2018 be approved, on consent, with the exception of item #3 (as it was considered earlier in the meeting). Carried 11 Staff Reports None 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business There are no Unfinished Business items scheduled for this meeting. M 10 Clarington 14 By-laws Resolution #C-103-18 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2018-022 to 2018-025 Council Minutes March 19, 2018 14.1 2018-022 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 10 of the General Government Committee Report) 14.2 2018-023 Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item 9 of the General Government Committee Report) 14.3 2018-024 Being a By-law to establish a Clarington Municipal Election Compliance Audit Committee for the 2018-2012 Term (Item 12 of the General Government Committee Report) 14.4 2018-025 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 4 of the Planning and Development Committee Report) That the said by-laws be approved. Carried 15 Procedural Notices of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. 16 Other Business Councillor Neal requested an update on the transfer of the Camp 30 land from Kaitlin Corporation. Councillor Cooke continued by requesting an update on various safety concerns at the Camp 30 property. -7- 11 Clartw-n 17 Confirming By -Law Resolution #C-104-18 Council Minutes March 19, 2018 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2018-026, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 19th day of March, 2018; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-105-18 Moved by Councillor Partner, seconded by Councillor Woo That the meeting adjourn at 9:21 PM. Mayor Carried 12 Municipal Clerk CLARINGTON HERITAGE COMMITTEE Minutes of Meeting March 20, 2018 MEMBERS PRESENT: Todd Taylor, Filip Aleksanderek, Katharine Warren, Steve Conway, Mark Stanisz, Peter Vogel, Victor Suppan, Robert Malone, Councillor Hooper REGRETS: Tracey Ali STAFF: David Addington and Faye Langmaid, Planning Services DECLARATION OF PECUNIARY INTEREST None declared. ADOPTION OF AGENDA 18.11 Moved by R. Malone, seconded by F. Aleksanderek THAT the agenda for March 20, 2018 be adopted. "CARRIED" ADOPTION OF MINUTES 18.12 Moved by T. Taylor, seconded by S. Conway THAT the minutes of the Meeting of February 20, 2018 be accepted. "CARRIED" DELEGATIONS AND PRESENTATIONS Robert McNamara regarding 210 King Avenue West, Newcastle • R. McNamara outlined the proposed alterations to his designated heritage home at 210 King Ave W, Newcastle (the Hollows); • The proposal is to remove an existing room at the rear of the home built in the 1970's and to replace it with two storey addition to function as a bedroom and great room, hoping to have the front of the home function as a bed and breakfast; • The addition would not be visible from the street and would have an architectural siding with a full grain appearance like wood siding but not the maintenance; • Detailed drawings have not been undertaken, wanted to consult with Heritage Committee first; and • In principle Committee was in favour of the proposal but will need to see architectural drawings to be able to make a recommendation to Council. 1 1 P a g e 13 BUSINESS ARISING Potential Designations: 156 Church St. (Edna Thomson daycare) — Staff met with Regional staff, the daycare will be moving. Regional facilities staff have always consulted with any work they were doing. The CHC passed a resolution in 2012 recommending designation, Report will go forward recommending designation. Municipal Register Evaluations 26 Concession Street: Members suggested that staff meet with the property owners. 3347 Liberty St, the Nurses Residence (11 Mabel Bruce Way) and the former Goodyear property (45 Raynes), staff have met with the owners of each property — report will be going forward to the April 3rd Planning & Development meeting with recommendations. 2018 Durham Heritage Committee Meeting — Scugog has volunteered to host in June. REPORTS FROM OTHER COMMITTEES No meetings to report for Bowmanville, Orono or Newcastle CIP groups. Architectural Conservancy Ontario, Clarington Branch — Next meeting is on Monday, April 16 at the NVDHS history room at 7pm. Newcastle Village & District Historical Society: • AGM scheduled for Tuesday, March 27 at 7pm and all are welcome to attend; • NVDHS attended the Sports & Leisure Show where they had a booth; • Walking tours will take place again this year including tours of the Community Hall; • The historical room can be made available for CHC meetings if needed. Museum; • Accessibility audit on Sarah Jane Centre and Waverley House; will look at improvements at the front door entrance and wheelchair accessible ramps at the rear of the building; applying for a federal accessibility grant; should have the audit report by next CHC meeting; • The local history exhibit will move to Sarah Jane building; Jury family history exhibit to be at Waverley House; • A Mother's Day historical walk and tea on the verandah is planned; and • Afternoon teas will occur on Wednesdays and Saturdays beginning on July 4th. Jury Lands Foundation (Camp 30) —Upcoming workshop with consultant DTAH, Jury Lands Foundation and municipal staff. Anticipate a public meeting sometime this spring. 21 Page 14 PROJECT REPORTS Municipal Inventory and Register Committee: • The Heritage Resource List needs to be updated, looking for a method of adding properties with heritage value to the list; best method to add new properties to the list before a complete assessment is done may be to add those that the CHC consider to having potential value to GIS mapping as `candidates' to flag them for planning staff; photos of six properties in Courtice to be considered for the list and identify for further study during the secondary plan review were circulated and discussed; and 18.13 Moved by K. Warren, seconded by R. Malone THAT six properties in Courtice identified by municipal addresses: 1798 Highway 2, 2433 Courtice Road, 1593 Bloor Street, 1604 Bloor Street, 1678 Bloor Street and 2894 Hancock Road be added to the municipal Cultural Heritage Resource List as `candidate' heritage resources. "CARRIED" Public Outreach and Education Committee — Report for next meeting. NEW BUSINESS Museum would be willing to partner with CHC and Municipality to hire a student to assist with property research; this would be an idea for 2019, there are various funding grants that could be explored. Foster Northwest subdivision/Belmont House: V. Suppan email captures the groups concerns and comments, this has been forwarded to the Planner working on the subdivision application; PowerPoint presentation has been created by Myno VanDyke outlining the history, will be shown at the next meeting of the CHC, for use at a future public meeting; V. Suppan summarized the proposed Wilmot heritage park concept, concerns for water troughs to west of house, and for First Nations artifacts. These comments will also be passed along to staff addressing the subdivision proposal. 18.14 Moved by V. Suppan, seconded by S. Conway THAT the Clarington Heritage Committee recommends the establishment of a Wilmot Creek Heritage park to be included in the development plans for the Foster Northwest neighbourhood. Next meeting: April 17, 2018, 7:00 p.m., Clarington Municipal Offices, Room 1C 31 Page 15 � -N n I # I1' ITI General Government Committee Report to Council Report to Council Meeting of April 9, 2018 Subject: General Government Committee Meeting of Monday, March 26, 2018 Recommendations: 1. Receive for Information (a) 8.1 Minutes of the Orono Business Improvement Area dated November 15, 2018 (b) 9.2 Topher Papps, President, Fetch & Co. Inc., Regarding Establishing a Non -Profit Canine Memorial & Inurnment Space (c) OPD -004-18 Pitch In Week and 2018 Waste Events (d) OPD -005-18 2017 Winter Budget Report (e) ESD -003-18 Emergency Services Activity Report — Q4 2017 (f) CSD -004-18 2017 Year End Review (g) FND-002-18 2017 Building Permit Fees Annual Report (h) FND-003-18 Mayor and Council Remuneration and Expenses For 2017 2. Topher Papps, President, Fetch & Co. Inc., Regarding Establishing a Non -Profit Canine Memorial & Inurnment Space That the delegation of Topher Papps, President, Fetch & Co. Inc., regarding Establishing a Non -Profit Canine Memorial & Inurnment Space, be received with thanks. 3. Chris Darling, Central Lake Ontario Conservation Authority, Regarding CLOCA 2017 Year in Review That the delegation of Chris Darling, Central Lake Ontario Conservation Authority, Regarding CLOCA 2017 Year in Review, be received with thanks. Page 1 16 Ciarftwu General Government Committee Report to Council 4• Robert Auger, Clerk, Town of Essex, Regarding User pay Childcare Services at AMO and FCM Conferences That the following Town of Essex resolution, regarding the user pay childcare services at AMO and FCM Conferences, be endorsed by the Municipality of Clarington: That the Association of Municipalities of Ontario (AMO) and the Federation of Canadian Municipalities (FCM) be requested to offer user pay childcare at conferences during conference hours. 5• Recreation Facility Concession Operations Review That Report CSD -003-18 be received; That the Community Services Department be authorized to cease the municipal operation of the concessions at Garnet B. Rickard Recreation Complex, South Courtice Arena and Darlington Sports Centre by May 31, 2018; and That Staff be authorized to issue a Request for Proposal for the concession operations of these three arena facilities for the start of the 2018/19 ice season in September. 6• "Use of Corporate Resources for Election Purposes" Policy That Report CLD -008-18 be received; That the By-law attached to Report CLD -008-18, as Attachment 1, adopting an updated "Use of Corporate Resources for Election Purposes" Policy F110, be approved with the following amendment: That Policy F110 be amended include "any person seeking a nomination for a party"; That Policy F5 (Attachment 2 to Report CLD -008-18) be deleted, as section d) pertaining to facility use is covered in the proposed consolidated Policy F110, and the remaining sections have been incorporated into Policy E1 (staff) Code of Ethics; That Schedule A to By-law 2017-020, enacting the Council Code of Conduct, be amended to update the reference to Policy F5 - Political Activities to Policy F110; and For Council Meeting of April 9, 2018 17 Page 2 Ciarftwu General Government Committee Report to Council That all interested parties listed in Report CLD -008-18 and any delegations be advised of Council's decision. 7• Appointments to the Active Transportation and Safe Roads Advisory Committee That Report CLD -011-18 be received; That the following citizen representatives be appointed for a term ending December 31, 2020 or until a successor is appointed, to the Active Transportation and Safe Roads Advisory Committee for the Municipality of Clarington: • Angela Bramley • Arnold Mostert • Bart Kreps • Frank Barter • James Boate • Jaroslav Petryshyn • Jeanne Winters • Melissa Claxton -Oldfield • Richard Claxton -Oldfield • Rick Stockman That all interested parties listed in Report CLD -011-18 and any delegations be advised of Council's decision. $• Supply and Delivery of Bulk Gas and Diesel Fuels (Co-operative Tender) That Report COD -008-18 be received; That Canada Clean Fuels be awarded a contract with the estimated annual amount of $135,098.61 (net HST rebate) for each of the second and third year of an initial 3 year contract for the supply and delivery of bulk gas and diesel fuels as per terms, conditions and specifications of Tender T-257-17; That the funding required annually in the amount be drawn from the respective operating account; That pending satisfactory performance the Purchasing Manager be given the authority to extend the contract for this service for up to two additional one year terms; For Council Meeting of April 9, 2018 W Page 3 Ciarftwu General Government Committee Report to Council That all interested parties listed in Report COD -008-18 and any delegations be advised of Council's decision regarding the award by the Corporate Services Department. 9• Farewell Creek Trail — Phase I and Erosion Protection Works That Report COD -009-18 be received; That ORIN Contractors Corp. with a total bid amount of $478,037.74 (net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2018-3 be awarded the contract for the completion of the Farewell Creek Trail Phase I project as per terms, conditions and specifications of tender documents. That the total funds required for this project in the amount of $611,320.33 (net of HST) which includes construction cost of $478,037.74 and other related costs such as consulting, material testing and contingency of $133,282.59 is in the budget allocation as provided and will be from the following accounts: Farewell Creek Trail — Phase 1 (2017) 110-32-325-83288-7401 $500,000.00 Various Erosion Protection Works (2018) 110-32-340-83437-7401 $111,320.33 That all interested parties listed in Report COD -009-18 and any delegations be advised of Council's decision regarding the award by the Corporate Services Department. 10. Driveway Tie-ins Work That Report COD -010-18 be received; That Appco Paving Ltd., with an annual bid in the amount of $54,492.48 (net of HST), being the low, compliant bidder meeting all terms, conditions and specifications of CL2018-5 for Driveway Tie -Ins Work be awarded the contract for an initial three year term, as required by the Operations Department; That pending satisfactory performance the Purchasing Manager be given the authority to extend the contract for this service for up to two additional one year terms; For Council Meeting of April 9, 2018 19 Page 4 � -N n I N I1' 11 General Government Committee Report to Council That funds required for this project in the amount of $57,492.48 (net of HST) which includes construction cost of $54,492.48 (net of HST) and other related costs such as consulting required for preparation of tender specifications, inspection and contingency of $3,000.00 (net of HST) be drawn from the following account: Pavement Resurface Contract 100-36-381-10250-7163 $57,492.48 That all interested parties listed in Report COD -010-18 and any delegations be advised of Council's decision by the Corporate Services Department. 11. Fire Inspections of Residential Dwellings That staff report back on what powers currently exist to institute mandatory random fire inspections; and That staff petition the Province to provide municipalities the power to do so if necessary. For Council Meeting of April 9, 2018 Page 5 20 Ciarftwu Planning & Development Committee Report to Council Report to Council Meeting of April 9, 2018 Subject: Planning & Development Committee Meeting of Tuesday, April 3, 2018 Recommendations: 1. Receive for Information (a) 9.1 Minutes of the Agricultural Advisory Committee dated March 8, 2018 2• Applications by National Homes (Prestonvale) Inc. to permit a 111 unit townhouse development at the northeast corner of Prestonvale Road and Bloor Street, Courtice That Report PSD -026-18 be received; That the comments received from residents at the Public Meeting be forwarded to the Land Planning Appeal Tribunal and be considered in the further processing of the applications for a draft plan of subdivision (S -C-2017-0010) and rezoning (ZBA 2017-0032) submitted by National Homes (Prestonvale) Inc.; and That all interested parties listed in Report PSD -026-18 and any delegations be advised of Council's decision. 3• Amendment to Application Fees By-law Planning and Development Applications That Report PSD -027-18 be received; That the Fee By-law Amendment contained in Attachment 1 to Report PSD -027-18 be adopted; and That all interested parties listed in Report PSD -027-18 and any delegations be advised of Council's decision. Page 1 21 Ciarftwu Planning & Development Committee Report to Council 4• An application by Akero Developments Inc. to amend Draft Approval to add one new lot and change various zone regulations within Draft Approved Plan of Subdivision S -C 2007-0005 in the Northglen Neighbourhood, Bowmanville. That Report PSD -028-18 be received; That the proposed amendment to draft approved plan of subdivision submitted by Akero Developments Inc. to permit one additional residential lot be supported as contained in Attachment 1 of Report PSD -028-18; That the proposed application for Rezoning ZBA 2017-0024 submitted by Akero Developments Inc. be approved as contained in Attachment 2 of Report PSD -028-18; That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD - 028 -18 and Council's decision; and That all interested parties listed in Report PSD -028-18 and any delegations be advised of Council's decision. 5• An Application by David and Heather Brown for Removal of (H) Holding Symbol — 20 and 22 Foxhunt Trail, Courtice That Report PSD -029-18 be received; That the application submitted by David and Heather Brown to remove the (H) Holding Symbol be approved and that the By-law attached to Report PSD -029-18 to remove the (H) Holding Symbol be passed; That Council's decision and a copy of Report PSD -029-18 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PSD -029-18 and any delegations be advised of Council's decision. For Council Meeting of April 9, 2018 22 Page 2 Cjarftwn Planning & Development Committee Report to Council 6• Recommendation to add 3 properties to the Municipal Register That Report PSD -030-18 be received; That 11 Mabel Bruce Way, Bowmanville be added to the Municipal Register; That 3347 Liberty Street North, Bowmanville be added to the Municipal Register; That 45 Raynes Avenue, Bowmanville be added to the Municipal Register; and That all interested parties listed in Report PSD -030-18 and any delegations be advised of Council's decision. For Council Meeting of April 9, 2018 23 Page 3 Clarftwn Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: April 9, 2018 Report Number: Addendum to Report CLD -008-18 Resolution: File Number: By-law Number: Report Subject: Use of Corporate Resources for Election Purposes Policies Recommendations: That Report CLD -008-18 be received; 2. That Addendum to Report CLD -008-18 be received; 3. That the By-law attached to Report CLD -008-18, as Attachment 1, adopting an updated "Use of Corporate Resources for Election Purposes" Policy F110, be approved; 4. That Policy F5 (attachment 2 to Report CLD -008-18) be deleted, as section d) pertaining to facility use is covered in the proposed consolidated Policy F110, and the remaining sections have been amended and incorporated into Policy E1 Code of Ethics for staff; 5. That Schedule A to By-law 2017-020, enacting the Council Code of Conduct, be amended to update the reference to Policy F5 - Political Activities to Policy F110; 6. That the By-law attached to Addendum to Report CLD -008-18, as Attachment 1, adopting an updated Policy E1 Code of Ethics, as amended to include policy statements pertaining to "Staff Involvement in Elections as detailed in sections 2.3.4 of this Addendum Report, be approved; and 7. That all interested parties listed in Addendum to Report CLD -008-18 and any delegations be advised of Council's decision. Municipality of Clarington Addendum to Report CLD -008-18 Report Overview Page 2 This Report is intended to respond to three issues raised during the March 26, 2018 General Government Committee meeting regarding the proposed policy changes respecting the use of corporate resources for election related purposes. 1. Background 1.1 Report CLD -008-18 recommended that one portion of Policy F5 - Political Activities (dealing with the campaign materials in municipal buildings) be added to Policy F110 - Use of Corporate Resources for Election Purposes and that the balance be incorporated into Policy E1 — Code of Ethics (Staff). 1.2 During the March 26, 2018 General Government Committee meeting, three primary concerns were raised by Committee to which staff committee to reviewing and offering alternative wording. Specifically, the issues were: a) clarification required concerning those facilities which are leased to external agencies in their entirety, such as the Beech Centre, b) clarification required concerning the use, or reference to, or re -tweeting of information available through the Municipality of Clarington's website or social media accounts, and c) concern as to whether policies 2b) and 2e) from Policy F5 - Political Activities (Staff) should be included in the revised version of Policy E1. For ease of reference, these policies are reproduced below: 2 b) Employees who choose to conduct political activities outside the workplace are discouraged from doing so. 2 e) In order to ensure the integrity of the employer/employee relation, no employee shall participate or be involved in any political activity of a candidate running for municipal election. Municipality of Clarington Addendum to Report CLD -008-18 2. Discussion 2.1 Clarification Regarding Leased Facilities (e.g. Beech Centre) Page 3 2.1.1 The provisions of the draft policy F110, specifically section 6, Municipal Facilities/Buildings, would apply to all facilities. For clarity, if we consider the Beech Centre for example, candidates would not be permitted to place campaign signs in the windows or on the lawn, nor would they be permitted to place campaign literature on the front counter or on bulletin boards. Candidates, could however, rent the hall, at the prevailing rental rate, for a campaign activities. Should this be the case, they would be limited to conducting their event only within the rented hall. 2.2 Clarification Regarding Social Media and Referencing / Re -Tweeting 2.2.1 Staff considered the concerns raised during the March 26th meeting as they pertain to the provisions of the draft policy F110, specifically sections 4 and 5 pertaining to Technology and Communications respectively. The policy is intended to ensure that municipal resources are not being used for election related purposes while not impeding candidates from being able to take advantage of social media as a campaign tool. 2.2.2 To provide clarity of the rules, staff recommend that the draft policy F110 be amended to add the following new clauses: 5.9 Municipal resources which have been published to the Municipal website (e.g. strategic plans, staff reports, minutes, agendas, press releases) may be linked to from candidate websites, but may not be housed on the candidate website, or modified/reproduced for use in any campaign related material. 5.10 Messages posted to the Municipal social media accounts (including Facebook and Twitter) may be re -posted or re -tweeted by a candidate to their personal or campaign social media accounts. 2.3 Concerns Regarding Employees Involvement in Political Activities 2.3.1 At the time of writing Report CLD -008-18, staff understood that Policy E1 — Employee Code of Ethics was approved by the CAO, when in fact it was actually initially approved by Council through By-law 2001-209. (Note in 2001 Policy E1 dealt with both Council and Employee Conduct. Since that time, however, the Council Code of Conduct has been removed and is covered under a separate Policy.) Recognizing that Policy E1 is a Council approved Policy, any recommended changes to Policy E1 are detailed within this Report and are included in the Recommendations on page 1. Municipality of Clarington Page 4 Addendum to Report CLD -008-18 2.3.2 There was concern expressed at Committee that the current and proposed policies could unreasonably interfere with employees' democratic rights to participate in political activities. The CAO commented that he was not prepared to remove them in their entirety without considering the matter further. His concern was reconciling the removal of these policies with the expectation that Municipal staff need to be, and be seen to be, apolitical in the way that we provide services to the community. Further, he was also unable to reconcile the objective of making sure that Municipal buildings, facilities and events cannot be used to promote a candidate with the possibility that our most important resource — our staff — can. 2.3.3 Staff have reviewed several policies from other municipalities as well as the Public Service of Ontario Act, 2006, S.O. 2006, c.35, Schedule A. Based on the findings, it is both necessary and appropriate to change the current wording of Clarington's Policy E1 to allow staff to participate in elections, but in a way that will preserve the public's trust and confidence in our ability to carry out our responsibilities appropriately. 2.3.4 It is recommended, therefore that Policy E1 - Code of Ethics (for staff) be amended to include the following provisions: Staff Involvement in Elections Municipal staff are expected to preserve the public trust and confidence in the Municipality. With respect to elections, employees are expected to promote the principles of transparency, impartiality, respect and accountability as follows: a) Employees engaged in political activities must take care to separate those personal activities from their Municipal responsibilities. Employees may participate in political activity at the Federal, Provincial and municipal levels provided that such activity does not take place during work hours, or utilize Municipal assets, resources, or property. Notices, posters or similar material in support of a particular candidate or political party are not to be displayed or distributed by employees on Municipal work sites or on Municipal property. b) Employees shall not canvass or actively work in support of a municipal candidate or political party during normal working hours unless they are away from work on a leave of absence without pay, maternity/parental leave, lieu time, flex day or vacation leave. c) Employees shall not canvass or actively work in support of a municipal candidate or political party while wearing a uniform, badge, logo or any other .item identifying them as an employee of the Municipality, or using a vehicle owned or leased by the Municipality. d) Employees who are relatives of any candidate shall not be assigned to work as an election official, or work on any part of the election process. Municipality of Clarington Addendum to Report CLD -008-18 Page 5 e) Employees are advised to be especially mindful of public perception during municipal elections, and to ensure that their activities neither conflict with nor adversely affect their duties as Municipal staff. 3. Concurrence This Addendum Report has been reviewed by the Facilities Manager of Community Services, Director of Corporate Services, Director of Operations, Municipal Solicitor who concur with the recommendations. 4. Conclusion It is respectfully recommended that the new draft Policy F110 (attachment 1 to this Addendum Report), being the original draft as presented to Committee in Report CLD - 008 -18 and incorporating the changes detailed earlier in this Addendum Report be approved, and that the proposed amendments to Policy E1 — Code of Ethics be adopted by Council and that the necessary by-laws be passed. 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: C. Ann Greentree, B.A., CMO, Andrew C. Allison, B. Comm, LL.B Municipal Clerk CAO Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington. net Attachments: Attachment 1 - Proposed amended New draft Policy F110 use of Corporate Resources for Election Purposes (to replaced Schedule 1 to By-law 2010-020) Attachment 2 - By-law to adopt a new Policy E1 - Code of Ethics for Employees and to repeal By-law 2001-209 Attachment 3 — Report CLD -008-18 The following is a list of the interested parties to be notified of Council's decision: Clarington Local Boards Corporate Policy Attachment 1 to Addendum to Report CLD -008-18 • arm n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 POLICY TYPE: Operational SUBSECTION: POLICY TITLE: Use of Corporate Resources for Election Purposes POLICY #: F110 POLICY APPROVED BY: Council EFFECTIVE DATE: April 9, 2018 REVISED: April 9, 2018 APPLICABLE TO: All Employees, Candidates, Registered Third Parties, Council, Clarington Local Boards Policy Statement The Municipal Elections Act (MEA), the Election Finances Act (Ontario), and the Canada Elections Act prohibit the Municipality from making contributions in any form to a Candidate or Registered Third Party. All provisions contained within this policy shall serve to ensure the protection of freedom of expression while maintaining that: • Corporate Resources shall not be used during an Election Period to promote or provide an unfair advantage to any Candidate, political party, constituency association, Registered Third Party, or a person or group supporting or opposing a question on a ballot; • Members of Council shall not be precluded from performing their duties as an elected Official, nor inhibit them from representing the interests of their constituents; and, • Information and communication related to an election shall continue to be open and accessible to the public. Purpose The purpose of this policy is to create guidelines in the Municipality of Clarington for all Candidates running for an elected office during the Election Period and to establish parameters on the use of Corporate Resources for election related purposes. F110 — Use of Corporate Resources for Election Purposes Page 1 of 9 Corporate Policy 0 Viarm n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 Scope This policy applies to all employees of the Municipality, Candidates, political parties, constituency associations, Registered Third Parties, and persons or groups supporting or opposing a question on a ballot, as well as anyone acting on their behalf. Index 1 Definitions 3 2 Responsibilities 4 3 General Provisions 4 4 Corporate Resources - Technology 5 5 Corporate Resources - Communications 5 6 Corporate Resources - Municipality Facilities 7 7 Municipality Staff 8 8 Integrity Commissioner 8 F110 — Use of Corporate Resources for Election Purposes Page 2 of 9 Corporate Policy • arm n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 1 Definitions 1.1 Campaign(ing) means any activity by, or on behalf of a Candidate, political party, constituency association, Registered Third Party, or question on a ballot meant to elicit support during the Election Period. This does not include the appearance of elected officials, other candidates or their supporters, or registrants at an event in their personal capacity without the display of any signage or graphic which identifies the individual as a candidate or registrant and without the solicitation of votes. 1.2 Campaign Materials means any materials used to solicit votes for a Candidate(s) or question during the Election Period including, but not limited to, literature, banners, posters, pictures, buttons, clothing, or other paraphernalia. Campaign Materials include materials in all media, for example, print, displays, electronic radio or television, online including websites or social media. 1.3 Candidate means any person who has filed, and not withdrawn a nomination, in a municipal, school board, provincial or federal election or by-election. Where referred to in this Policy, the term Candidate can also be substituted to read political party, constituency association, Registered Third Party, or a person or group supporting or opposing a question on a ballot. 1.4 Corporate Resource means items, staff, services, or resources which are the property of the Municipality of Clarington including, but not limited to: materials, equipment, vehicles, facilities, land, technology (computers, smartphones, tablets, etc.), intellectual property, images, logos and supplies. Working hours, the time where the Municipality pays its employees to complete certain duties or tasks, is also considered to be a Corporate Resource. 1.5 Election Period means the official Campaign period of an election for: • A municipal or school board election; the Election Period commences on the first day prescribed for the filing of nominations in accordance with the MEA and ends on voting day. • A provincial or federal election; the Election Period commences the day the writ for the election is issued and ends on voting day. • A question on the ballot; the period commences the day Council passes a by-law to put a question to the electorate, and ends on voting day. • A by-election; the period commences when the by-election is called and ends on voting day. F110 — Use of Corporate Resources for Election Purposes Page 3 of 9 Corporate Policy • arm n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 1.6 Local Board means a body, municipal service board, or local authority established by the Municipality of Clarington. 1.7 MEA means the Municipal Elections Act, 1996, as amended, S.O. 1996, c. 32, Sched. 1.8 Municipal Facility/Building means any building or facility owned or operated by the Municipality of Clarington or Clarington local board. 1.9 Registered Third Party shall have the same meaning as "Registered Third Party" under the MEA or "Third Party" under the Election Finances Act (Ontario) and Canada Elections Act. 2 Responsibilities 2.1 Candidates to: • Adhere to the guidelines and parameters established by this policy. 2.2 Municipal Clerk to: • Administer this policy and provide for any related procedures as deemed necessary or desirable for conducting an election. 2.3 Municipal Staff to: Ensure that Corporate Resources, as identified by this Policy, are not used for Campaigning. 3 General Provisions In Accordance with the spirit and intent of the election related legislation, 3.1 Corporate Resources and funding shall not be used by a Candidate for Campaigning or election -related purpose during the Election Period. 3.2 The tenets of this Policy also apply to an acclaimed Member or a Member not seeking re-election. 3.3 The Municipal Clerk be authorized, and directed to take the necessary action, to give effect to this Policy. 3.4 This Policy does not preclude a Member of Council from performing their duties as a Councillor, nor inhibit them from representing the interests of their constituents. 3.5 Individuals who have questions about this Policy are encouraged to contact the Municipal Clerk to obtain further clarification. F110 — Use of Corporate Resources for Election Purposes Page 4 of 9 Corporate Policy • arm n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 4 Corporate Resources — Technology Further to Section 3.1 above, the following is provided for greater clarity when considering the use of corporate technology resources: 4.1 Members of Council are provided access to corporate information technology (I.T.) assets to fulfill their duties and responsibilities as an elected official, but may not use those assets for Campaigning or the development of Campaign Materials. This includes, but is not limited to, functionality through municipally issued smartphones such as calendar, email, texts, etc. 4.2 Websites or domain names that are funded by the Municipality of Clarington may not be used for campaigning. The Municipality's official election website or webpages will provide Candidate contact information, including a link to a Candidate's website, but shall in no way endorse any Candidate. Notwithstanding, a Member of Council may: • Candidates may provide a link to the Municipality's official election website or webpages in their campaign materials in order for electors to access additional information about the election and voting process. 4.3 Once a Member of Council registers to be a Candidate, any links from a Municipal website or social media account to his or her website or social media pages will be removed from the Municipality's webpages if the Member's website or social media page contains or will contain Campaign Material. 4.4 In an election year, Mayor and Council biographies on the Municipal website shall remain static and no changes to these pages will be permitted. 4.5 The Municipality's voicemail system shall not be used by Candidates to record campaign -related messages nor shall the computer network, including the email system, be used to distribute campaign -related correspondence. 5 Corporate Resources - Communications Further to Section 3.1 above, the following is provided for greater clarity when considering the use of corporate communication resources: 5.1 Members of Council may not use Council portraits funded by the Municipality, either as a corporate or Member expense, in Campaign Materials. 5.2 Photographs produced for, and owned by, the Municipality may not be used for any election purposes. F110 — Use of Corporate Resources for Election Purposes Page 5 of 9 Corporate Policy • arm n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 5.3 Candidates may not print, distribute or make reference to any of the Municipality's email addresses, telephone numbers, or facility addresses on any Campaign Materials. Notwithstanding, Candidates may: • provide a link to the Municipality's official election website or webpages in Campaign Materials in order for electors to access additional information about the election and voting process (see also Section 4.2); and 5.4 The Clerk may develop and distribute information through various means for the purpose of advising and educating electors. Candidates are permitted to promote and distribute election information provided by the Clerk, provided that such information is not modified in anyway. 5.5 The Municipality's logo, crest, coat of arms, and slogans, or any other images or illustrations or videos owned or under the jurisdiction of the Municipality, may not be used in any campaign materials. As per the Use of Corporate Logo by Members of Council Policy (see Report COD -030-11), the logo or any related material shall not be available for use as of January 1 St in an election year. Notwithstanding, Candidates may: • Capture their own photos of Municipal property for use in campaign material, provided the photo is taken from a publicly accessible area, and does not contain a Municipal sign, logo, crest, coat of arms or slogan in the background. 5.6 Distribution lists or contact lists developed utilizing Corporate Resources and in the custody and control of the Municipality shall not be utilized for election purposes. 5.7 The following shall be discontinued for Members of Council from the day prior to Nomination Day in a municipal election year to Voting Day, • All printing, high speed photocopying and distribution, including printing and general distribution of newsletters unless so directed and approved by Council, and • The ordering of business cards and stationery. F110 — Use of Corporate Resources for Election Purposes Page 6 of 9 Corporate Policy • arin n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 5.8 Members of Council may not, • Print, post or distribute any material paid by municipal funds that illustrates that a Member of Council or any other individual is registered in any election or where they will be running for office, • Profile (name or photograph), or make reference to, in any material paid by municipal funds, any individual who is registered as a candidate in any election, • Print or distribute any material using municipal funds that makes reference to, or contains the names or photographs, or identifies registered candidates for municipal elections (minutes of Municipal Council and Committee meetings are exempt from this policy). 5.9 Municipal resources which have been published to the Municipal website (e.g. strategic plans, staff reports, minutes, agendas, press releases) may be linked to from candidate websites, but may not be housed on the candidate website, or modified/reproduced for use in any campaign related material. 5.10 Messages posted to the Municipal social media accounts (including facebook and twitter) may be shared in the case of Facebook or re -tweeted on Twitter by a candidate to their personal or campaign social media accounts. 6 Corporate Resources - Municipality Facilities/Buildings Further to Section 3.1 above, the following is provided for greater clarity when considering the use of Municipal Facilities/Buildings, including Municipality owned or leased lands, as corporate resources: 6.1 Any Candidate may attend any public Standing Committee, Advisory Committee or Council meeting; however, they shall not use this forum to speak on, or address, any matter relating to their Campaign. 6.2 Candidates are prohibited from renting space (e.g. a booth) as part of a Municipally organized event. 6.3 All Candidates must adhere to the provisions set out in any other Municipal Policies pertaining to Municipal Facilities/Buildings. 6.4 Members of Council and Candidates may not use their constituency office, municipal or any municipally -provided facilities for any election -related purpose, which includes the display of any campaign -related signs in the window or on the premises, as well as the display of election -related material in the office. F110 — Use of Corporate Resources for Election Purposes Page 7 of 9 Corporate Policy • arm n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 6.5 Campaigning and the distribution or display of campaign material is not permitted in any municipal or local board facility, on municipal land, or at municipal or local board event including any municipal or board meeting. 6.6 Candidates are prohibited from using a Municipal Facility/Building as a campaign office. 6.7 The rental, to candidates, of advertising space on arena boards and lobby monitors, or any other municipal social media site, is prohibited. Notwithstanding, Section 6.5 does not prohibit the erection of a temporary election or campaign signs on municipal land in accordance with the Municipality's Election Sign By-law. Campaigning on public sidewalks and highways is permitted, provided that such campaigning is in compliance with prevailing legislation and Municipal by-laws. • Sections 6.4 and 6.5 do not prohibit a candidate or external organization from renting space within a municipal facility/building (other than the Municipal Administrative Centre, Clarington Library facilities and the Museum Buildings) for election related purposes and permit, only during the rental period and only within the rented area, campaigning, the distribution or display of campaign materials. This exception does not apply to Section 6.6. • Vehicle and/or mobile signs may be displayed as per the Municipality's Election Sign By-law. 7 Municipality Staff 7.1 In accordance with the Policy E1 - Employee Code of Ethics, Municipal Staff are prohibited from using corporate resources for the benefit of a Candidate or Campaign. Policy E1 also sets out the rules for participation in political activities by staff. 8 Integrity Commissioner 8.1 The Municipality's appointed Integrity Commissioner is considered to be a Corporate Resource, under contract with the Municipality and may receive, from time to time, compensation from the Municipality in accordance with services provided. F110 — Use of Corporate Resources for Election Purposes Page 8 of 9 Corporate Policy • arm n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 8.2 Members of Council shall not use the services of the Municipality's Integrity Commissioner during the Election Period for the purposes of seeking advice related to their Campaign. 9 Limitation 9.1 Nothing in this Policy shall prohibit a Member of Council from performing their job as a Councillor, nor inhibit them from representing the interests of the constituents who elected them. All tenets of this policy are subject to the exception of Members' actions associated with fulfilling their normal and ongoing representative roles as Members of Council (such as attending annual or regular scheduled events, up until the official end of the term they are serving. F110 — Use of Corporate Resources for Election Purposes Page 9 of 9 Attachment 2 to Addendum to Report CLD -008-18 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By -Law No. 2018 -XXX Being a By-law to repeal By-law 2001-209, Code of Ethics Whereas Policy E1 — Code of Ethics initially governed both staff and Council and was enacted by Council through By-law 2001-209; And Whereas Council has enacted a separate Code of Conduct for Members of Council through By-law 2017-020; And Whereas Council deems it appropriate to update the Code of Ethics for employees to protect the rights of employees and to provide clarity and consistency; Now Therefore the Council of the Municipality of Clarington enacts as follows: 1. That Schedule A attached hereto is adopted as the Municipality of Clarington's Policy E1 - Code of Ethics for Employees; 2. That Schedule A attached hereto forms part of this By-law; 3. That By-law 2001-209 is hereby repealed; and 4. That this By-law shall come into force and effect on the date of passing. Passed in Open Council this day of , 2018. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Corporate Policy POLICY TYPE: POLICY TITLE: POLICY #: POLICY APPROVED BY: EFFECTIVE DATE: REVISED: APPLICABLE TO: 1. Purpose: • arin n Leading the Way Working Conditions and Programs Code of Ethics E1 Council December 10, 2001 April 9, 2018 All Employees To provide a standard of conduct for employees of the Corporation in the carrying out of their work assignments and their relationships with the public, elected officials and each other. 2. Policies/Procedures: Conduct a) Employees are expected to promote the goals, objectives and policies of the Municipality of Clarington. b) Employees will acknowledge and recognize the dignity and worth of every resident they serve and person with whom they work. c) Employees shall not breach the public trust or misappropriate public funds and/or resources. d) Employees shall not use Municipal property, equipment, supplies or services of consequence for activities not associated with the discharge of official duties. e) Employees shall not participate in any decision, promotion or make any recommendation to their supervisor, Committee or Council, in which they or their immediate family has any financial interest except as a resident of the Municipality. (Refer to Appendix for clarification). f) Employees shall not solicit or accept any gift, present or favour, the acceptance of which shall place, or appear to place, the employee under an obligation to the donor or the Municipality in a compromising situation. (Refer to Appendix for clarification). g) Employees shall not place themselves in a position where they are under obligation to any person who might benefit from consideration or favour on their part or who may seek in any way, preferential treatment. h) Employees shall not benefit from the use of information relating to the affairs of the Municipality. E1 — Code of Ethics Page 1 of 4 Corporate Policy • arin n Leading the Way i) Employees shall not benefit from the use of information acquired during the course of official duties which is not generally available to the public. j) Employees shall not accept outside employment while in the employ of the Corporation where such employment would place or appear to place them in a conflict of interest situation. k) Employees shall not sell goods or services to the Municipality or have a direct or indirect interest in a company or own a company which sells goods or services to the Municipality. 1) Employees shall not treat or provide preferential treatment to any enterprise, organization, group or person. m) Employees shall not conduct their work activities in a manner which may cause personal injury to themselves or others or damage to equipment or property of the Municipality. n) Employees are expected to report to work in a fit condition to carry out their work duties. Employees reporting to work in an unfit condition will be sent home without pay. The Corporation considers an employee unfit for work if they are under the influence of alcohol or other substances which may compromise their ability to work. This includes legal medications which may impair one's effectiveness and/or judgment and those other substances which are illegal. Likewise, consumption of alcohol or illegal substances during working hours and on corporate property is strictly forbidden. o) Employees shall not bid on the sale of the Municipality's goods except those disposed by Public Auction. p) Employees shall not use Municipal buying power for personal gain or benefit. Outside Work Employees shall not, without the approval of the Department Head or the Chief Administrative Officer as the case may be: a) Engage in any business or transaction or have financial or other personal interest, which is incompatible with the discharge of their official duties. b) Engage in any outside work or activity or business undertaking: i) That interferes or appears to interfere with the employee's duties, in which the employee has an advantage or appears to have an advantage derived from the employment in the Municipal Corporation. ii) In a professional capacity that will or might appear to influence or affect the carrying out of duties as a Municipal employee. E1 — Code of Ethics Page 2 of 4 • arm n Corporate Policy Leading the Way Communications a) An employee shall be courteous, civil and act in good faith with all persons with whom he/she is dealing within the course of their employment. An employee shall not in the course of their employment send correspondence or otherwise communicate to any other person in a manner that is abusive, offensive or otherwise inconsistent with the proper tone of a professional communication from a Municipal employee, except in extenuating circumstances such as an abusive member of the public. b) Employees should recognize that as a representative of the Municipality, their actions both during and after working hours reflect the Municipality of Clarington. Therefore, they are encouraged to adhere to this policy regarding communications when addressing council or elected representatives even as a private citizen. Confidential Information In the course of employment with the Municipality, an employee may work with information and/or materials which are confidential. Each employee has a moral and legal obligation not to disclose any such information or use that information for the gain or profit of the employee or any other person. This obligation continues even after the employee discontinues working for the Municipality of Clarington. Disclosure Whenever an employee considers that he or she could be involved in a conflict of interest as prohibited in this policy, the employee shall immediately disclose the situation to the Department Head (or his or her designate), or the Chief Administrative Officer, as the case may be. The voluntary disclosure of areas of conflict of interest shall be treated as confidential by the employee and Municipal authorities and the employee should abide by the advice given to him/her. Staff Involvement in Elections Municipal staff are expected to preserve the public trust and confidence in the Municipality. With respect to elections, employees are expected to promote the principles of transparency, impartiality, respect and accountability as follows: a) Employees engaged in political activities must take care to separate those personal activities from their Municipal responsibilities. Employees may participate in political activity at the Federal, Provincial and municipal levels provided that such activity does not take place during work hours, or utilize Municipal assets, resources, or property. Notices, posters or similar material in support of a particular candidate or political party are not to be displayed or distributed by employees on Municipal work sites or on Municipal property. b) Employees shall not canvass or actively work in support of a municipal candidate or political party during normal working hours unless they are away E1 — Code of Ethics Page 3 of 4 Corporate Policy • arm n Leading the Way from work on a leave of absence without pay, maternity/parental leave, lieu time, flex day or vacation leave. c) Employees shall not canvass or actively work in support of a municipal candidate or political party while wearing a uniform, badge, logo or any other item identifying them as an employee of the Municipality, or using a vehicle owned or leased bythe Municipality. d) Employees who are relatives of any candidate shall not be assigned to work as an election official, or work on any part of the election process. e) Employees are advised to be especially mindful of public perception during municipal elections, and to ensure that their activities neither conflict with nor adversely affect their duties as Municipal staff. f) Where a Municipal employee seeks an elected office, he/she shall be governed by the Municipal Elections Act. Contravention Should a situation arise which appears to be in contravention of this policy, the Chief Administrative Officer shall, in consultation with the employee's Department Head and any other Municipal Official he/she may wish to consult, determine what action is appropriate in the circumstances, which may include discipline up to and including termination of service. The matter may then be reported, at the discretion of the Chief Administrative Officer, to the appropriate Committee(s) of Council for information. 3. Appendix: Code of Ethics Guidelines E1 — Code of Ethics Page 4 of 4 Clarftwn Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 26, 2018 Report Number: CLD -008-18 Resolution: File Number: By-law Number: Report Subject: "Use of Corporate Resources for Election Purposes" Poll Recommendations: That Report CLD -008-18 be received; 2. That the By-law attached to Report CLD -008-18, as Attachment 1, adopting an updated "Use of Corporate Resources for Election Purposes" Policy F110, be approved; 3. That Policy F5 (Attachment 2 to Report CLD -008-18) be deleted, as section d) pertaining to facility use is covered in the proposed consolidated Policy F110, and the remaining sections have been incorporated into Policy E1 (staff) Code of Ethics; 4. That Schedule A to By-law 2017-020, enacting the Council Code of Conduct, be amended to update the reference to Policy F5 - Political Activities to Policy F110; and 5. That all interested parties listed in Report CLD -008-18 and any delegations be advised of Council's decision. Municipality of Clarington Report CLD -008-18 Report Overview Page 2 Recent amendments to the Municipal Elections Act, 2001 have created a need to update our "Use of Corporate Resources for Election Purposes" Policy F110. As well, based on experiences during the 2014 Municipal Elections, it was deemed appropriate to clarify the provisions of the policy and to consolidate a number of policies which address the use to corporate resources for election purposes, such that the policy may be more easily understood by staff, candidates and the public. 1. Background Legislation 1.1 With the recent changes to the Municipal Elections Act (Act), the following new Section 88.18 was introduced: "Before May 1 in the year of a regular election, municipalities and local boards shall establish rules and procedures with respect to the use of municipal or board resources, as the case may be, during the election campaign period." 1.2 The Act states that a municipality or local board shall not make a contribution to the election campaign of a candidate. The Act also prohibits a candidate, or someone acting on the candidate's behalf, from accepting a contribution from a person who is not entitled to make a contribution. The Act states that, "money, goods and services given to and accepted by a person for his or her election campaign, or given to and accepted by another person who is acting under the person's direction, are contributions". 1.3 By defining money, goods and services as being contributions to a campaign, it is clear that the use of the Corporation's resources (facilities, equipment, supplies, services, staff or other resources of the municipality) for any election campaign or campaign - related activities would be viewed as a contribution by the municipality to the candidate, which is a violation of the Act. 1.4 The intent of this policy review is to provide clarification regarding the provisions of the Act relating to contributions to election campaigns. It should be noted that the establishment of guidelines for the appropriate use of corporate resources during an election period is undertaken to protect the interests of candidates, Members of Council, staff and the Municipality of Clarington. Municipality of Clarington Page 3 Report CLD -008-18 Existing By-law & Policy 1.5 In January, 2010, arising out of Report CLD -002-10, the Municipality passed By-law 2010-010 adopting Policy F110, the "Use of Corporate Resources far Election Purposes" to ensure: • that the Municipality was not in violation of campaign contribution; and • that it is clear to all election candidates that municipal facilities, equipment, supplies, services staff or other resources shall not be used for campaign - related activities. Other Related Policies 1.E In addition to Policy F110, Council has previously approved the following related policies: • Policy F5, "Political Activities", governing employees' involvement in political activity (Attachment 2) which was approved by Council in October 2011 and replaced Policy H18 • The Council Code of Conduct (By-law 2017-020), Section 12(b) states that: "No member shall undertake campaign -related activities on municipal property except as otherwise provided for in Policy F5 — Political Activities." The "Use of Corporate Logo by Members of Council" Policy, contained as part of Report COD -030-11, which states that: "The elements of the Corporate Visual Identity Program (municipal logo, banners, and flags) may not be used for any non -municipal business or interest, including for the purpose of election signs or other electioneering material. This includes the display of campaign related signs in windows or on premises ..........................the logo or any related material shall not be available for use as of January 1St in an election year." Display of Material in Municipal Buildings (Policy F107), approved by the CAO in November 2008, prohibits the distributing and displaying political material with the exception of facility rentals directly related to an event. Municipality of Clarington Page 4 Report CLD -008-18 2. Proposed Changes The following describes the changes contained in the proposed new consolidated and updated "Use of Corporate Resources for Election Purposes Policy" (Attachment 1). Scope — Local Boards 2.1 The existing Policies F5 and F110 do not explicitly state that they apply to local board resources as well as municipal resources. However, the new legislation requires such a policy for local boards. 2.2 To ensure consistency and to simplify matters for candidates and registered third parties, Policy F110 has been amended to include "local boards" in Section 2, "Scope" As well, this section has been amended to include anyone acting on behalf of the person covered by the scope of the policy. Third Party Advertising 2.3 The existing policy is silent regarding third party advertising as it was only recently introduced by changes to the MEA. 2.4 Policy F110 has been amended throughout, to apply the same restrictions and rules to registered third party advertisers as for candidates. Definitions 2.5 With the addition of "boards" and "third party advertising", staff are recommending that the definitions of each be added to the policy for clarity. 2.6 For further clarity additional definitions have also been added such as campaign materials, municipal buildings/facilities, corporate resources, and election period. Consolidation of Policies 2.7 Policies F5 and F110 are inconsistent with regard to the display of materials. Municipality of Clarington Page 5 Resort CLD -008-18 2.8 Section 2 d) of Policy F5 (Political Activities) states: "The Municipal Administrative Centre, Library facilities and museum buildings, shall not be used by any person, employee or otherwise for the display or distribution of political campaign materials, signage, etc." Whereas Section 2 c) of Policy F110 states (which is consistent with the wording from the predecessor Policy H34): "Candidates may not use any municipal or any municipally -provided facilities for any election -related purposes, which includes displaying of any campaign related signs in the window or on the premises, as well as displaying any election -related material in the office." 2.9 In the past, the inconsistency has led to confusion for staff and candidates. As well, neither policy is clear as it pertains to rental of advertisement space on lobby monitors or arena boards, and nor is it clear as it pertains to campaigning in a rented space. It is therefore recommended that Policy F110 be amended to, a) prohibit campaigning and the distribution or display of campaign material in any municipal or local board facility, municipal or local board event including any municipal or board meetings, b) prohibit third party advertising and the distribution or display of third party advertising material in any municipal or local board facility, municipal or local board event including any municipal or board meetings, c) prohibit the rental of advertising space on arena boards and lobby monitors, or any other municipal social media site, to third party advertisers or candidates, d) notwithstanding, a), b), and c), allow space within a municipal facility (with the exception of the Municipal Administrative Centre, the Library facilities, and the museum buildings) to be rented for election related purposes and to permit, only within the rented area, campaigning, the distribution or display of campaign material, third party advertising and the distribution or display of third party advertising materials, and e) grant staff the authority to take the necessary action to enforce any violation of the policy. Municipality of Clarington Page 6 Report CLD -008-18 2.10 It is further recommended that Policy F110 be further amended to include the following new provisions to provide greater clarity- "Distribution larity "Distribution lists or contact lists developed utilizing Corporate Resources and in the custody and control of the Municipality shall not be utilized for election purposes." • The Policy has been amended to include a reference to the Election Sign By-law as it relates to vehicle and mobile election signs. 2.11 Section d) of Policy F5 -Political Activities has been covered through the proposed amendments in section 2.09 above. The remainder of Policy F5 has been incorporated into Policy E1 — Code of Ethics (staff) under the approval of the CAO. Therefore, it is commended that Policy F5 - Political Activities be deleted. 3. Concurrence 3.1 This report has been reviewed by the Director of Corporate Services, the Facilities Manager of Community Services, the Director of Operations, and the Municipal Solicitor who concur with the recommendations. 4. Conclusion 4.1 To conform to the changes in the Municipal Electrons Act, 1996, related to use of corporate resources, it is respectfully recommended that the draft by-law contained in Report CLD -008-18 be forwarded to Council for adoption. It is further recommended that the Council Code of conduct be amended to reference Policy F110 Use of Corporate Resources instead of Policy F5 Political Activities, and that Policy F5 Political Activities be deleted. Municipality of Clarington Resort CLD -008-18 5. Strategic Plan Application 5.1 The recommendations contained in this report conform to the Strategic Plan. Submitted by: g4,,� C. Anne Greentree, B.A., CMO, Municipal Clerk Page 7 Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or jgallagher@clarington.net Attachments: Attachment 1 - Proposed new Policy F110, Use of Corporate Resources for Election Purposes (to replace Schedule 1 to By-law 2010-020) Attachment 2 - Policy F5, "Political Activities" Attachment 3 - By-law to Repeal and replace By-law 2010-010, being a by-law to adopt the "Use of Corporate Resources for Election Purposes" Policy Attachment 4 — By-law to Amend By-law 2017-020 Council Code of Conduct The following is a list of the interested parties to be notified of Council's decision: Clarington Local Boards Corporate Policy POLICY TYPE: Operational SUBSECTION: ??? POLICY TITLE: Use of Corporate Resources for Election Purposes POLICY #: F110 POLICY APPROVED BY: Council EFFECTIVE DATE: April 9, 2018 REVISED: Not Applicable APPLICABLE TO: all employees of the Municipality, Candidates, political parties, constituency associations, Registered Third Parties, and persons or groups supporting or opposing a question on a ballot, as well as anyone acting on their behalf Policy Statement The Municipal Elections Act (MEA), the Election Finances Act (Ontario), and the Canada Elections Act prohibit the Municipality from making contributions in any form to a Candidate or Registered Third Party. All provisions contained within this policy shall serve to ensure the protection of freedom of expression while maintaining that: • Corporate Resources shall not be used during an Election Period to promote or provide an unfair advantage to any Candidate, political party, constituency association, Registered Third Party, or a person or group supporting or opposing a question on a ballot; • Members of Council shall not be precluded from performing their duties as an elected Official, nor inhibit them from representing the interests of their constituents; and • Information and communication related to an election shall continue to be open and accessible to the public. Purpose The purpose of this policy is to create guidelines in the Municipality of Clarington for all Candidates running for an elected office during the Election Period and to establish parameters on the use of Corporate Resources for election related purposes. Corporate Policy Scope This policy applies to all employees of the Municipality, Candidates, political parties, constituency associations, Registered Third Parties, and persons or groups supporting or opposing a question on a ballot, as well as anyone acting on their behalf. Index 1 Definitions 3 2 Responsibilities 4 3 General Provisions 4 4 Corporate Resources - Technology 4 5 Corporate Resources - Communications 5 6 Corporate Resources - Municipality Facilities 6 7 Municipality Staff 7 8 Integrity Commissioner 7 Page 2 of 8 Corporate Policy 1 Definitions 1.1 Campaign(ing) means any activity by, or on behalf of a Candidate, political party, constituency association, Registered Third Party, or question on a ballot meant to elicit support during the Election Period. This does not include the appearance of elected officials, other candidates or their supporters, or registrants at an event in their personal capacity without the display of any signage or graphic which identifies the individual as a candidate or registrant and without the solicitation of votes. 1.2 Campaign Materials means any materials used to solicit votes for a Candidate or question during the Election Period including literature, banners, posters, pictures, buttons, clothing, or other paraphernalia. Campaign Materials include materials in all media, for example, print, displays, electronic radio or television, online including websites or social media. 1.3 Candidate means any person who has filed, and not withdrawn a nomination, in a municipal, school board, provincial or federal election or by- election. Where referred to in this Policy, the term Candidate can also be substituted to read political party, constituency association, Registered Third Party, or a person or group supporting or opposing a question on a ballot. 1.4 Corporate Resource means items, staff, services, or resources which are the property of the Municipality of Clarington including materials, equipment, vehicles, facilities, land, technology (computers, smartphones, tablets, etc.), intellectual property, images, logos and supplies. Working hours, the time where the Municipality pays its employees to complete certain duties or tasks, is also considered to be a Corporate Resource. 1.5 Election Period means the official Campaign period of an election for: • A municipal or school board election; the Election Period commences on the first day prescribed for the filing of nominations in accordance with the MEA and ends on voting day. • A provincial or federal election; the Election Period commences the day the writ for the election is issued and ends on voting day. • A question on the ballot; the period commences the day Council passes a by-law to put a question to the electorate, and ends on voting day. • A by-election; the period commences when the by-election is called and ends on voting day. 1.6 Local Board means a body, municipal service board, or local authority established by the Municipality of Clarington. Page 3 of 8 Corporate Policy 1.7 MEA means the Municipal Elections Act, 1996, as amended, S.O. 1996, c. 32, Sched. 1.8 Municipal Facility/Building means any building or facility owned or operated by the Municipality of Clarington or Clarington local board. 1.9 Registered Third Party shall have the same meaning as "Registered Third Party" under the MEA or "Third Party" under the Election Finances Act (Ontario) and Canada Elections Act. 2 Responsibilities 2.1 Candidates to: • Adhere to the guidelines and parameters established by this policy. 2.2 Municipal Clerk to: • Administer this policy and provide for any related procedures as deemed necessary or desirable for conducting an election. 2.3 Municipal Staff to: • Ensure that Corporate Resources are not used for Campaigning. 3 General Provisions In accordance with the spirit and intent of the election related legislation, 3.1 Corporate Resources and funding shall not be used by a Candidate for Campaigning or election -related purpose during the Election Period. 3.2 This Policy also applies to an acclaimed Member or a Member not seeking re-election. 3.3 The Municipal Clerk be authorized and directed to take the necessary action to give effect to this Policy. 3.4 This Policy does not preclude a Member of Council from performing their duties as a Councillor, nor inhibit them from representing the interests of their constituents. 3.5 Individuals who have questions about this Policy are encouraged to contact the Municipal Clerk to obtain further clarification. Page 4 of 8 Corporate Policy 4 Corporate Resources - Technology Further to Section 3.1 above, the following is provided for greater clarity when considering the use of corporate technology resources: 4.1 Members of Council are provided access to corporate information technology (I.T.) assets to fulfill their duties and responsibilities as an elected official, but may not use those assets for Campaigning or the development of Campaign Materials. This includes functionality through municipally issued smartphones such as calendar, email, texts, and other such functions. 4.2 Websites or domain names that are funded by the Municipality of Clarington may not be used for Campaigning. The Municipality's official election website or webpages will provide Candidate contact information, including a link to a Candidate's website, but shall in no way endorse any Candidate. Notwithstanding, Candidates may provide a link to the Municipality's official election website or webpages in their campaign materials in order for electors to access additional information about the election and voting process. 4.3 Once a Member of Council registers to be a Candidate, any links from a Municipal website or social media account to his or her website or social media pages will be removed from the Municipality's webpages if the Member's website or social media page contains or will contain Campaign Material. 4.4 In an election year, Mayor and Council biographies on the Municipal website shall remain static and no changes to these pages will be permitted. 4.5 The Municipality's voicemail system shall not be used by Candidates to record campaign -related messages nor shall the computer network, including the email system, be used to distribute Campaign -related correspondence. 5 Corporate Resources - Communications Further to Section 3.1 above, the following is provided for greater clarity when considering the use of corporate communication resources: 5.1 Members of Council may not use Council portraits funded by the Municipality, either as a corporate or Member expense, in Campaign Materials. 5.2 Photographs produced for, and owned by, the Municipality may not be used for any election purposes. Page 5 of 8 Corporate Policy 5.3 Candidates may not print or distribute reference to any of the Municipality's email addresses, telephone numbers, or facility addresses on any Campaign Materials. Notwithstanding, Candidates may provide a link to the Municipality's official election website or webpages in Campaign Materials in order for electors to access additional information about the election and voting process (see also Section 4.2). 5.4 The Clerk may develop and distribute information through various means for the purpose of advising and educating electors. Candidates are permitted to promote and distribute election information provided by the Clerk, provided that such information is not modified in anyway. 5.5 The Municipality's logo, crest, coat of arms, and slogans, or any other images or illustrations owned or under the jurisdiction of the Municipality, may not be used in any Campaign Materials. As per the Use of Corporate Logo by Members of Council Policy (see Report COD -030-11), the logo or any related material shall not be available for use as of January 1 St in an election year. Notwithstanding, Candidates may capture their own photos of Municipal property for use in campaign material, provided the photo is taken from a publicly accessible area, and does not contain a Municipal sign, logo, crest, coat of arms or slogan in the background. 5.6 Distribution lists or contact lists developed utilizing Corporate Resources and in the custody and control of the Municipality shall not be utilized for election purposes. 5.7 The following shall be discontinued for Members of Council from the day prior to Nomination Day in a municipal election year to Voting Day. All printing, high speed photocopying and distribution, including printing and general distribution of newsletters unless so directed and approved by Council, and • The ordering of business cards and stationery. 5.8 Members of Council may not, Print, post or distribute any material paid by municipal funds that illustrates that a Member of Council or any other individual is registered in any election or where they will be running for office, Page 6 of 8 Corporate Policy • Profile (name or photograph), or make reference to, in any material paid by municipal funds, any individual who is registered as a candidate in any election, • Print or distribute any material using municipal funds that makes reference to, or contains the names or photographs, or identifies registered candidates for municipal elections (minutes of Municipal Council and Committee meetings are exempt from this policy). 6 Corporate Resources - Municipality Facilities/Buildings Further to Section 3.1 above, the following is provided for greater clarity when considering the use of Municipal Facilities/Buildings, including Municipality owned or leased lands, as Corporate Resources: 6.1 Any Candidate may attend any public Standing Committee, Advisory Committee or Council meeting; however, they shall not use this forum to speak on, or address, any matter relating to their Campaign. 6.2 Candidates are prohibited from renting space (e.g. a booth) as part of a Municipally organized event. 6.3 All Candidates must adhere to the provisions set out in any other Municipal Policies pertaining to Municipal Facilities/Buildings. 6.4 Members of Council and Candidates may not use their constituency office, municipal or any municipally -provided facilities for any election -related purpose, which includes the display of any Campaign -related signs in the window or on the premises, as well as the display of Campaign Material in the office. 6.5 Campaigning and the distribution or display of Campaign Material is not permitted in any municipal or local board facility, on municipal land, or at municipal or local board event including any municipal or board meeting. 6.6 Section 6.5 does not prohibit the erection of a temporary election or campaign signs on municipal land in accordance with the Municipality's Election Sign By-law. 6.7 Candidates are prohibited from using a Municipal Facility/Building as a campaign office. 6.8 Sections 6.4 and 6.5 do not apply to a Candidate or external organization renting space within a municipal facility/building (other than the Municipal Administrative Centre, Clarington Library facilities and the Museum Buildings) for election related purposes during the rental period and within the rented area. 6.9 The rental, to candidates, of advertising space on arena boards and lobby monitors, or any other municipal social media site, is prohibited. Page 7 of 8 Corporate Policy 6.10 Campaigning on public sidewalks and highways is permitted, provided that such campaigning is in compliance with prevailing legislation and Municipal by-laws. 6.11 Vehicle and/or mobile signs may be displayed as per the Municipality's Election Sign By-law. 7 Municipality Staff 7.1 In accordance with the Policy E1 - Employee Code of Ethics, Municipal Staff are prohibited from using corporate resources for the benefit of a Candidate or Campaign. Policy E1 also sets out the rules for participation in political activities by staff. 8 Integrity Commissioner 8.1 The Municipality's appointed Integrity Commissioner is considered to be a Corporate Resource, under contract with the Municipality and may receive, from time to time, compensation from the Municipality in accordance with services provided. 8.2 Members of Council shall not use the services of the Municipality's Integrity Commissioner during the Election Period for the purposes of seeking advice related to their Campaign. 9 Limitation 9.1 Nothing in this Policy shall prohibit a Member of Council from performing their job as a Councillor, nor inhibit them from representing the interests of the constituents who elected them. All tenets of this policy are subject to the exception of Members' actions associated with fulfilling their normal and ongoing representative roles as Members of Council (such as attending annual or regular scheduled events, up until the official end of the term they are serving. Page 8 of 8 Corporate Policy POLICY TYPE: SUBSECTION: POLICY TITLE: POLICY #: POLICY APPROVED BY EFFECTIVE DATE: REVISED: APPLICABLE TO: 1. Purpose: Attachment 2 to Report CLD -008-18 • Leading the Way Operational Communication/Customer Service Political Activities F5 Council March 21, 2005 October 3, 2011 All Employees To protect the integrity of the public service while allowing employees to exercise their democratic rights if they so choose. 2. Policies: a) Employees are prohibited from conducting any political activity in the workplace. Such activities include, but are not limited to, the following: i) Making phone calls or stuffing envelopes for a particular candidate ii) Soliciting campaign contributions from subordinates, colleagues or persons/organizations having dealings with the local government iii) Wearing campaign buttons or displaying other visible advertisements for one or more candidate iv) Making public endorsement of one or more candidates b) Employees who choose to conduct political activities outside the workplace are discouraged from doing so. c) Where an employee chooses to engage in political activity outside the workplace, he/she shall: i) Not coerce, solicit or influence other employees ii) Not represent the Municipality iii) Not prejudice or impair the relationship between Council and Administration. d) The Municipal Administrative Centre, Library facilities and museum buildings, shall not be used by any person, employee or otherwise for the display or distribution of political campaign materials, signage, etc. e) In order to ensure the integrity of the employer/employee relation, no employee shall participate or be involved in any political activity of a candidate running for municipal election. f) Where a Municipal employee seeks an elected office, he/she shall be governed by the Municipal Elections Act. F5 — Political Activities Page 1 of 1 Attachment 3 to Report CLD -008-18 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By -Law No. 2018 -XXX Being a By-law to repeal By-law 2010-010, to adopt the Use of Corporate Resources for Election Purposes Policy Whereas Sub -section 88.18 of the Municipal Elections Act, 1996, as amended, (the Act) states that, before May 1 in the year of a regular election, municipalities and local boards shall establish rules and procedures with respect to the use of municipal or board resources, as the case may be, during the election campaign period; Whereas Sub -section 88.15 (1) of the Act states that money, goods and services given to and accepted by a person for his or her election campaign, or given to and accepted by another person who is acting under the person's direction, are contributions; Whereas Section 88.8 (4) 5 of the Act states that a municipality or local board states that a municipality or local board shall not make a contribution to the election campaign of a candidate; Whereas Council had previously passed By-law 2010-010 adopting the "Use of Corporate Resources for Election Purposes Policy"; and Whereas the Council of the Municipality of Clarington deems it necessary to update the "Use of Corporate Resources for Election Purposes Policy". Now Therefore the Council of the Municipality of Clarington enacts as follows: That the attached Policy Statement in respect to Use of Corporate Resources for Election Purposes be adopted to replace the Policy Statement forming part of By-law 2010-010. 2. That Attachment 1, Policy F110, forms part of this By-law. 3. That By-law 2010-010 be repealed. 4. This by-law shall come into force and effect on the date of passing. Passed in Open Council this day of , 2018. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Attachment 4 to Report CLD -008-18 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By -Law No. 2018 -XXX Being a By-law to amend By-law 2017-020, Council Code of Conduct Whereas Policy F5 — Political Activities has been deleted as a result of consolidating parts of the Policy with Policy F110 — Use of Corporate Resources for Election Purposes Policy, to provide clarify and consistency, and Whereas the Council Code of Conduct makes reference to Policy F5 — Political Activities, Now Therefore the Council of the Municipality of Clarington enacts as follows: 1. That Schedule A to By-law 2017-020 is amended to delete: "15.1 (i) Clarington Policy F5 Political Activities" 2. This by-law shall come into force and effect on the date of passing. Passed in Open Council this day of , 2018. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk