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HomeMy WebLinkAbout2019-009If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2019-009 Being a by-law to amend the By-law 2017-020, which establishes the Code of Conduct for Members of Council. Whereas section 223.2 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes the municipality to establish a Code of Conduct for Members of the Council; and Whereas the Council of the Municipality of Clarington passed By-law 2017-020, to establish a Code of Conduct for Members of Council; and Whereas the Council of the Municipality of Clarington deems it necessary to update the Code of Conduct for Members of Council: Now therefore the Council of the Municipality of Clarington hereby enacts as follows: 1. That subsection 7.2 of the Code of Conduct (Attachment A to By-law 2017-020) be deleted and replaced with the following subsections 7.2-7.7 with respect to harassment or discrimination: 7.2 No member shall use indecent, abusive or insulting -words or expressions toward any other member, any member of staff or any member of the public. 7.3 No member shall engage in Harassment of anyone. The Human Rights Code defines Harassment as "engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.,, 7.4 No member shall engage in Discrimination against anyone on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability (the list of prohibited grounds of discrimination in the Human Rights Code). 7.5 Sections 7.3 and 7.4 shall be interpreted in a manner consistent with the Human Rights Code. 7.6 The following examples of Harassment are illustrative only and not exhaustive: (a) Examples Harassment in the workplace include: • Physically abusive or aggressive behaviour such as pushing, hitting, finger pointing or standing close to the victim in an aggressive manner • Using intimidating or disrespectful body language • Verbally abusive behaviour such as yelling, insults, intimidating comments and name calling • Spreading malicious rumours • Excluding or ignoring the victim • Making little or no eye contact with the victim and refusing to engage in common pleasantries • Sabotaging the victim's work or claiming credit for it • Repeatedly blaming another for mistakes • Making false allegations in memos or other documents • Undermining the victim's efforts by setting impossible goals and deadlines and impeding an employee's efforts at promotions or transfers • Persistent excessive and unjustified criticism and constant scrutiny by a supervisor • Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome • Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome • Reprisal or threat of reprisal by a person in a position to grant or deny a benefit to a person who has rejected his or her sexual proposition Unnecessary or unwanted physical contact, ranging from touching, patting or pinching to physical assault Leering or other suggestive gestures Displaying, sending or communicating electronically or by any other means pornographic pictures or other offensive, sexually explicit material • Practical jokes of a sexual nature, which cause awkwardness or embarrassment • Compromising invitations • Unwelcome remarks, jokes or insults about a person's physical appearance, attire, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability • The displaying of racist, derogatory or otherwise offensive material • Insulting gestures or practical jokes, or other action that causes embarrassment, based on grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability • A refusal to converse or work with an individual because of his or her race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability (b) The following examples, relative to employees who report directly to Council, do not constitute Harassment, providing they are undertaken without malice or intent to intimidate or undermine: • Performance reviews • Work assignments • Work evaluation Disciplinary measures taken by the employer for valid reasons • Reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment 7.7 In the course of investigating a complaint that alleges Harassment or Discrimination, the Integrity Commissioner may make interim reports to Council, including interim reports that recommend measures to protect the complainant or to maintain the integrity of the investigation. 2. That this by-law shall take effect on the date of passing. Passed in Open Council this 25 day of February, 2019. Adrian Foster, Mayor ell C.,Anrae­°Greentree, NT6nicipal Clerk