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HomeMy WebLinkAboutTR-88-98 .. ~ " \ .' . , J. ON: TR-88-98 " THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Date: December 7, 1998 file # JtF1 . -PE:. GPA -037 -Cj?f', By-law # ~/!t, . General Purpose and Administration Committee Report #: TR-88-98 Subject: Code of Ethics Policy - Employees, Municipality of Clarington Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report TR-88-98 be received, and 2. THAT the Code of Ethics Policy described in the attached by-law be recommended to Council for approval for the employees of the Municipality of Clarington, and 3. THAT a copy of this by-law be distributed to Department Heads to advise all municipal staff of the Policy, and 4. 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 1, 1999. Background: At the Council Meeting of November 9, 1998the following resolution was passed: "THAT the Acting chief Administrative Officer, Solicitor and appropriate staff review the Regional Municipality of Durham's code of ethics for employees and report back to the General Purpose and Administration Committee on the implementation of a code of ethics policy for the employees of the Municipality of Clarington." The Solicitor, Mr. Hefferon, has reviewed the Region of Durham's code of ethics and concurs with its application to the Municipality of C1arington. The Purchasing Manager has also reviewed its contents for consistency with the Purchasing by-law ethical references. Bul . , ~ REPORT NO.: TR- 88-98 PAGE 2 It is therefore recommended that the attached by-law be approved as the Policy governing ethics for the Municipality of Clarington. Respectfully submitted, Reviewed by, ~ .. 'e Marano, H.BSs., A.M.C.T., Treasurer d t~Q_0~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. MAMlpp Attach: du2 ,.... CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW #98- Being a by-law to establish a code of ethics policy for the employees of the Corporation of the Municipality of Clarington and Members of Council THE COUNCIL OF THE CORPORATION OF THE MUNCIPALITY OF CLARlNGTON HEREBY ENACTS AS FOLLOWS: THAT the following rules of conduct shall apply to all employees and Members of Council of the Corporation ofthe Municipality ofClarington. RULES OF CONDUCT: 1. Employees shall not, without approval of the Department Head or the Chief Administrative Officer, as the case may be: a) engage in any business or transaction or have a 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 advantage or appears to have an advantage derived from 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; 2. Employees and Members of Council shall not use Municipal property, equipment, supplies or services of consequence for activities not associated with the discharge of official duties. 3. Employees and Members of Council shall not: a) place themselves in a position where they are under obligation to any person who might benefit from special consideration or favour on their part or who might seek, in any way, preferential treatment; b) 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 (Delete paragraph 5, Item 5.15 from Purchasing By-law 94- 129); c) benefit from the use of information acquired during the course of official duties which is not generally available to the public; d) 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; e) 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; t) disclose any confidential information relating to the affairs of the Municipality; g) bid on the sale of goods except those disposed of by Public Auction; h) use Municipal buying power for personal gain or benefit (delete paragraph 5, item 5.14 from Purchasing By-law #94-129). C)\)3 '.II( , , (Page Two) DISCLOSURE Whenever an employee considers that he or she could be involved in a conflict of interest as prohibited by 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 shall be treated as confidential between the employee and Municipal authorities and the employee shall abide by the advice given to himlher. 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 may wish to consult, determine what action is appropriate to the circumstances, which may include discipline up to and including termination of service. The matter shall then be reported to the next meeting of the appropriate Committee(s) of Council for information. By-law read a first time this 14th day of December, 1998. By-law read a second time this 14th day of December, 1998. By-law read a third and final time this 14th day of December, 1998. Mayor Clerk .:) ou4