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