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HomeMy WebLinkAbout2018-034If 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. 2018-034 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 That By-law 2001-209 is hereby repealed; and 4.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 9th day of April, 2018. rian Foster, Mayor C'A�4n'e" Gr6entree, Municipal Clerk Council -Approved Policy ClaFftMR Policy Title: Code of Ethics - Staff Policy M E1 Report M CLD-008-18, COD-020-01 By-law M 2018-034 Resolution: C-112-18, GPA-597-01, GPA-637-98 Effective Date: December 7, 1998 Revised Date: April 9, 2018 Legislative History: Policy H7 and Policy H3, By-law 98-186, TR- 88-98 & By-law 2001-209 Notes: Council has a separate Code of Ethics Policy. Purpose: 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. Resolution: Resolution #C-112-18 (April 9. 2018 That Report CLD-008-18 be received; That Addendum to 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 to 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 amended and incorporated into Policy E1 Code of Ethics for staff; 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; 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 Page 1 of 9 Council -Approved Policy ClaFftWR That all interested parties listed in Addendum to Report CLD-008-18 and any delegations be advised of Council's decision. Resolution #GPA-597-01 (December 3. 2001 THAT Report COD-020-01 be received; THAT Section H, Subsection H7, of the Administrative & Corporate Policies, entitled Code of Ethics be revised; THAT By-law 98-186 be repealed, and the by-law, marked Attachment #1 to Report COD-020-01, reflecting the amended policy be referred to Council for approval; and THAT the amended policy be circulated to all staff to advise of the current policy. Resolution #GPA-637-98 (December 7, 1998) THAT Report TR-88-98 be received; THAT the Code of Ethics Policy described in the by-law attached to Report TR-88-98 he recommended to Council for approval for the employees of the Municipality of Clarington; THAT a copy of the by-law attached to Report TR-88-98 be distributed to Department Heads to advise all municipal staff of the Policy; and THAT all employees who consider that they may have a conflict of interest due to the adoption of the code, be given an opportunity to disclose any potential conflict to the Chief Administrative Officer by January I, 1999. Page 2 of 9 Corporate Policy POLICY TYPE: POLICY TITLE: POLICY #: POLICY APPROVED BY EFFECTIVE DATE: REVISED: APPLICABLE TO: 1. Purpose: • (Lieadingthe 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). Page 3 of 9 Corporate Policy • Leadi►ig the Way 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. 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: Page 4 of 9 Corporate Policy • Leading the Way 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. 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 Page 5 of 9 Corporate Policy • Leading the Way 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 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 M u n i ci pa I ity, 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 Page 6 of 9 Corporate Policy • Leading the Way of the Chief Administrative Officer, to the appropriate Committee(s) of Council for information. 3. Appendix: Code of Ethics Guidelines Page 7 of 9 Appendix to Policy E1 Code of Ethics Guidelines The following interpretation and guidelines are provided to augment and/or to clarify the Code of Ethics Administrative and Corporate policy. If there is any question arising out of the following, employees are encouraged to contact the Chief Administrative Officer whose decision will be final. Sections: Conduct (e) "Immediate family member" used in this subsection shall mean spouse, father, mother, son or daughter. Conduct (f) Any employee shall not accept any gift either at home or at the place of business from any person, company or business, irrespective of whether or not the person, company or business has any business connection with the Municipality, in the past, currently or in the future. In the latter situation, it is understood that an employee cannot predict who will be doing business with the Municipality in the future. In this situation, an employee should seek advice from the Department Head. For example, a development company, or a potential supplier may not have any past or current business with the Municipality. However, the employee should be cognizant of the nature of the business of these companies and should not accept any gift from these companies because it would place the employee in a compromising situation. The above guidelines apply to personal gifts during the Christmas season. The only exception being a gift to the Department as a whole and could include such items as a fruit basket, chocolates, etc., during the Christmas season. In the event gifts are dropped off before the employee has the opportunity to refuse acceptance, the gifts should be turned over to the Department Head who shall: a) Return the gifts if it does not cause the Municipality to incur unnecessary expenses; or b) Telephone the donor and request to have the gifts picked up. Should the gifts not be picked up, the Department Head shall donate the gifts to a local charity and advise the donor in writing of the action taken. Outside The Code of Ethics was never intended to prohibit any employee of Work the Municipality to augment his/her income by engaging in other part Page 8 of 9 time employment opportunities which bear no resemblance to his/her municipal work. If the nature of the part-time/outside work is related, the employee should seek prior clearance from the Department Head. Page 9 of 9