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The Regional Municipality of Durham
Report
To: Finance and Administration Committee
From: Commissioner of Corporate Services
Report: #2022-A-19
Date: June 14, 2022
Subject:
ointment of an In
Recommendation:
ritv Commissioner for the Reaion of Durham
That the Finance and Administration Committee recommends to Regional Council:
A) That By-law 11-2019 be repealed and replaced with a By-law generally in the form
included as Attachment #1 to this Report, to confirm the appointment of Principles
Integrity as the provider of Integrity Commissioner services for the Regional
Municipality of Durham; and
B) The initial term of contract for the Integrity Commissioner shall be for the 2022-2026
term of Reqional Council with the option to renew for an additional Council term.
Report:
1. Purpose
1.1 The purpose of this report is to appoint Principles Integrity to provide Integrity
Commissioner services for the Regional Municipality of Durham.
Report #2022-A-19
2. Background
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2.1 Previously the Region undertook an RFP process for the selection of an Integrity
Commissioner. On September 21, 2016, RFP 1042A-2016 was formally issued to
receive proposals for the Integrity Commissioner services. The RFP closed on
October 20, 2016.
2.2 Encompassed within the Integrity Commissioner RFP was a cooperative
purchasing arrangement under which the local area municipalities could choose to
appoint the selected respondent, within the term of the contract, for the same
terms and conditions including the price.
2.3 Three proposals were received and deemed compliant. The proposals were
evaluated by a team with representatives from Corporate Services - Legal
Services, the Regional Clerk and overseen by the Purchasing Section of the
Finance Department.
2.4 On December 14, 2016 Report #2016-COW-75 was considered and Regional
Council approved By-law 58-2016 to appoint Guy W. Giorno as the Integrity
Commissioner for the Regional Municipality of Durham for a term beginning on
January 1, 2017 and terminating at the end of the current term of Council
(November 14, 2022).
2.5 To accommodate for changes to integrity commissioner services by virtue of the
passage of Bill 68, the Modernizing Ontario's Municipal Legislation Act, 2017, the
original agreement with Mr. Giorno was amended as of March 1, 2019, to include
additional services including the provision of advice to members of Council.
By-law 11-2019 adopting these amendments was approved by Council.
2.6 The current Integrity Commissioner contract expires at the end of the term of
Council, November 14, 2022, therefore it was necessary to conduct a selection
process to ensure that Integrity Commissioner services are in place for the next
term of Council.
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Report #2022-A-19
3. Selection Process
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3.1 In accordance with the Region's Consultant and Professional Services
Contracting Procedure, where the project or annual value of a consulting or
professional service assignment is expected to be less than $100,000, the
initiating department shall obtain three proposals, where possible, and evaluate
the submissions based on price and quality -based criteria. The highest scoring
proposal shall be selected, and a consulting agreement shall be prepared based
on established procedures and executed by the Director, in this case the Regional
Clerk. Based on the previous level of complaints and inquiries, the annual value
for Integrity Commissioner services is expected to be less than $100,000.
3.2 Invitations to enter into a consulting and professional services contract with the
Region were sent to six individuals/firms. Three proposals were received and
evaluated by a team from Corporate Services — Legal Services and Corporate
Services — Legislative Services. Respondents also participated in presentation
and interview sessions which were evaluated by the same team, with the addition
of the Clerks from Oshawa, Pickering and Whitby.
4. Previous Reports and Decisions
4.1 #2016-COW-75 Bill 8 — Public Sector and MPP Accountability and Transparency
Act, 2014: Appointment of Regional Integrity Commissioner
5. Legislative Parameters
5.1 Under the Municipal Act, 2001, Council has the authority to appoint an Integrity
Commissioner. The Legislative Services division of Corporate Services, under the
direction of the Regional Clerk, serves as the Region's liaison to accountability
officials including the Integrity Commissioner. The Integrity Commissioner is an
independent officer who reports directly to Council and whose powers and duties
are set out in the Municipal Act, 2001.
Report #2022-A-19 Page 4 of 5
5.2 The Integrity Commissioner shall have the following responsibilities outlined under
section 223.3 of the Municipal Act:
a. The application of the code of conduct for members of council and the code of
conduct for members of local boards.
b. The application of any procedures, rules and policies of the municipality and
local boards governing the ethical behaviour of members of council and of
local boards.
C. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest
Act to members of council and of local boards.
d. Requests from members of council and of local boards for advice respecting
their obligations under the code of conduct applicable to the member.
e. Requests from members of council and of local boards for advice respecting
their obligations under a procedure, rule, or policy of the municipality or of the
local board, as the case may be, governing the ethical behaviour of members.
Requests from members of council and of local boards for advice respecting
their obligations under the Municipal Conflict of Interest Act.
g. The provision of educational information to members of council, members of
local boards, the municipality, and the public about the municipality's codes of
conduct for members of council and members of local boards and about the
Municipal Conflict of Interest Act.
5.3 The Integrity Commissioner may recommend that Regional Council impose
penalties in accordance with the Municipal Act, 2001 if in the opinion of the
Regional Integrity Commissioner, a Member of Council has contravened the Code
of Conduct.
6. Area Municipal Considerations
6.1 As with the previous Integrity Commissioner contract, a "piggyback" clause was
included so that the Area Municipalities can avail themselves of the contract
should they wish to. As such, Clerks from various area municipalities were
involved in the interview process for the Integrity Commissioner.
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Report #2022-A-19
7. Relationship to Strategic Plan
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7.1 This report aligns with/addresses the following strategic goals and priorities in the
Durham Region Strategic Plan:
a. Goal 5: Service Excellence. Objective: To provide exceptional value to
Durham taxpayers through responsive, effective and fiscally sustainable
service delivery.
• 5.3 Demonstrate commitment to continuous quality improvement and
communicating results
8. Conclusion
8.1 Following an evaluation of the proposals submitted and a presentation/interview
component, an agreement will be entered into with Principles Integrity for Integrity
Commissioner services for the Regional Municipality of Durham, subject to
appointment by Regional Council.
9. Attachments
Attachment #1: Proposed By-law to appoint Integrity Commissioner
Prepared by: Leigh Fleury, Legislative Officer and Deputy Clerk Pro Tem, at 905-668-
7711, extension 2020.
Respectfully submitted,
Original signed by
Don Beaton, BCom, M.P.A.
Commissioner of Corporate Services
Recommended for Presentation to Committee
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
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Attachment #1
By-law Number xx-2022
of The Regional Municipality of Durham
Being a by-law to confirm the appointment of xxxxxx as the Integrity Commissioner for the
Regional Municipality of Durham (Regional Integrity Commissioner).
Whereas pursuant to Part V.1 of the Municipal Act 2001 S.O. c. 25 a municipality is
authorized to appoint an Integrity Commissioner who reports to Council and who is
responsible for performing in an independent manner the functions assigned by the
municipality;
Now therefore, the Council of The Regional Municipality of Durham hereby enacts as
follows:
1. That the agreement with xxxxxxx as the Regional Integrity Commissioner provide the
following roles and provide the following services:
Role:
The role of the Regional Integrity Commissioner is:
1. The application of the Code of Conduct for Members of Council and for
members of local boards
2. The application of any procedures, rules and policies of the Region and local
boards governing the ethical behavior of Members of Council and local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act
to Members of Council and local boards.
4. Respond to requests from Members of Council and of local boards for advice
respecting their obligations under the Code of Conduct applicable to the
member.
5. Respond to requests from Members of Council and of local boards for advice
respecting their obligations under a procedure, rule or policy of the Region or of
a local board, governing the ethical behaviour of members.
6. Respond to requests from Members of Council and of local boards for advice
respecting their obligations under the Municipal Conflict of Interest Act.
7. Provide educational information to Members of Council and local boards.
Duties
The Regional Integrity Commissioner shall cause to perform, in an independent manner,
the functions of an Integrity Commissioner pursuant to Part V.1 of the Municipal Act, 2001
with respect to the application of the Code of Conduct for Members of Council of the
Regional Municipality of Durham, including any legislation, procedures, rules and policies
of the Region of Durham governing the ethical behaviour of the Members of Council. The
mandate of the Regional Integrity Commissioner will include:
1. Provisions of advice and education upon request by a Member of Council or by
Council as a whole, regarding ethical obligations and responsibilities under their
Code of Conduct, and any other legislation, rules or policies governing their
ethical behaviour; and
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2. Receiving, assessing and investigating where appropriate, complaints made by
Council, a member of Council, a member of staff, or a member of the public
respecting an alleged breach of the Code of Conduct for the Members of
Council of the Regional Municipality of Durham through the provisions of the
Code of Conduct and the Complaints Protocol.
3. Receiving, assessing and conducting an inquiry, where appropriate, with respect
to requests for inquiry made by an elector or a person demonstrably acting in
the public interest concerning an alleged contravention of section 5, 5.1 or 5.2 of
the Municipal Conflict of Interest Act.
4. Giving advice on policy issues and the workings of the Regional Integrity
Commissioner's office.
5. All advice being provided in writing in accordance to the requirements of s.
223.3(2.2)
Reporting to Council
The Regional Integrity Commissioner will report directly to Regional Council with
a report containing the results of investigations and one annual report
summarizing the year's activities, observations and any resulting general
recommendations.
2. The Integrity Commissioner may recommend that Regional Council impose
penalties in accordance with the Municipal Act, 2001 if in the opinion of the
Regional Integrity Commissioner, a Member of Council has contravened the
Code of Conduct.
Other General Provisions
That should the Regional Integrity Commissioner conduct an investigation or
provide any other service, it shall do so in accordance with the terms and
conditions of the Agreement executed between it and the Regional Municipality
of Durham and shall adhere to all applicable laws, applicable statutes and
established Regional policies.
2. That any local municipality within the geographic region of the Regional
Municipality of Durham desirous to retain the Regional Integrity Commissioner
to provide Integrity Commissioner services for their municipality that they may
execute the Agreement with the Regional Municipality of Durham and shall pay
the Regional Integrity Commissioner for services in accordance to their hourly
fee in accordance to the terms of the Agreement provided they have obtained
the required approvals to do so.
3. That should the Regional Municipality of Durham or any local municipality desire
any further services from the Regional Integrity Commissioner outside what is
outlined in this by-law, the Regional Integrity Commissioner may oblige in
providing such other services, so long as the respective Council of the
municipality requesting such other service has passed a resolution through their
respective Council to authorize the Regional Integrity Commissioner to provide
such other service. If authorized to do so, the Regional Integrity Commissioner
will charge their hourly fee in accordance to the Agreement for such other
services to the municipality requesting such other services.
4. That all services provided by the Integrity Commissioner conform to all the
statutory requirements of s. 223.3 to 223.8 of the Municipal Act S.O., 2001.
El
That By-law #11-2019 be repealed effective November 14, 2022.
This By-law Read and Passed on the xx day of June, 2022, effective as of November 15,
2022.
J. Henry, Regional Chair and CEO
A. Harras, Regional Clerk
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