HomeMy WebLinkAboutLGL-010-13 57 0
LEGAL REPORT
LEGAL DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 28, 2013 Resolution#: °° 11-1 By-lawM - ,1 ° 6
Report#: LGL-010-13 File#: A09.GE and L2030-01-09
Subject: CODE OF CONDUCT
RECOMMENDATION:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report LGL-010-13 be received for information.
Submitted by: Reviewed by:- - �..
Andrew C. Allison, B. Comm., LL.B. Franklin Wu, MAOM
Municipal Solicitor Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: LGL-010-13 PAGE 2
1.0 BACKGROUND
1.1 At its meeting on September 9, 2013, the General Purpose and Administration
Committee passed the following resolutions:
Resolution #GPA-445-13:
THAT Staff be directed to develop a new Code of Conduct which includes
all of the elements of the Code of Conduct as outlined in the Model Form
of Code of Conduct prepared for the Municipal Integrity Commissioner's
Association, Attachment 2 to Report LGL-007-13.
Resolution #GPA-446-13:
THAT the foregoing resolution #GPA-445-13 be referred back to staff for a
further report on what portions of the Model Code of Conduct are already
covered within Municipality of Clarington By-laws.
1.2 Model Form of Code of Conduct prepared for the Municipal Integrity
Commissioner's Association (the "Model Code") is attached to this Report
(Attachment 1). The Code of Conduct adopted by Council in November 2009 is
also attached to this Report (Attachment No. 2).
2.0 DISCUSSION
2.1 The following table lists the existing Clarington by-laws and policies that
correspond to the 10 substantive (but non-enforcement) sections of the Model
Code.
MODEL CODE CLARINGTON BY-LAW or POLICY
IV. COMPLIANCE WITH DECLARATION There are no Municipal by-laws or policies
OF OFFICE that apply to the declaration of office, but
Every member shall act in accordance making the declaration under oath is a
with his or her declaration of office. statutory requirement (section 232 of the
Municipal Act, 2001).
V. ADHERENCE TO COUNCIL Several policies and procedures apply to
POLICIES AND PROCEDURES the conduct of employees of the
Every member of Council shall observe Municipality but not to members of Council.
and comply with every provision of this The most notable is Policy E1 - Code of
Code of Conduct, as well as all other Ethics (see Attachment 3 to this Report).
policies and procedures adopted or In addition to the Municipality's Code of
established by Council affecting the Conduct, the conduct of members is
Councillor, acting in his or her capacity as regulated through certain provisions in
a member of Council. Procedural By-law 2011-016, Purchasing
By-law 2010-112, Policy E5 (Harassment),
Policy F8 Freedom of Information &
REPORT NO.: LGL-010-13 PAGE 3
Protection of Privacy), and Policy F110
(Use of Corporate Resources for Election
Purposes) as described in this table and in
section 2.2 of this Report.
VI. CONDUCT AT MEETINGS PROCEDURAL BY-LAW 2011-016
Every member shall conduct himself or 10.1 Conduct of Members of Council,
herself properly and in a civil manner at GPA and Special Committees
Council, committee and other meetings, 10.1.1 No Member shall:
and in accordance with the provisions of
the Procedure By-law, this Code of (a) speak disrespectfully of any
Conduct, and other applicable law. elected assembly;
VII. CONDUCT RESPECTING OTHERS (b) use offensive words or
Every member of Council has the duty and unparliamentarily language or
responsibility to treat members of the speak disrespectfully against
public, one another and staff appropriately the Council, against any
and without abuse, bullying or intimidation, Member, or against any officer
or employee of the Municipality;
and to ensure that the municipal work
environment is free from discrimination
and harassment. (d) disobey the Rules of Procedure
A member shall not use indecent, abusive or a decision of the Chair, on
or insulting words or expressions toward questions of Points of Order or
any other member, any member of staff or procedure or upon the
any member of the public. interpretation of the Rules of
A member shall not speak in a manner Procedure except where the
that is discriminatory to any individual, ruling of the Chair is reversed
by Council pursuant to
based on that person's race, ancestry, subsection 10.6.3. If a
place of origin, creed, gender, sexual Member persists in any such
orientation, age, colour, marital status, or disobedience after having been
disability. called to order by the Chair, the
VIII. CONDUCT RESPECTING STAFF Chair shall forthwith order him
Under the direction of the senior municipal or her to vacate the Council
administration, and in accordance with the Chambers or room in which the
decisions of Council, municipal staff are Meeting is being held, but if the
required to serve the municipal corporation Member apologizes he or she
as a whole. Every member shall be may, by majority vote of the
respectful of the role of staff to provide Members, be permitted to
advice based on political neutrality and
retake his or her seat;
objectivity and without undue influence
from any member or faction of the Council. POLICY E5 (Harassment)
Accordingly, no member shall maliciously
or falsely injure or impugn the professional This Policy provides for independent
or ethical reputation of any member of investigations into allegations of
staff. Every member shall show respect harassment by members of Council (see
for staff, and for their professional Attachment 4).
capacities and responsibilities ...
REPORT NO.: LGL-010-13 PAGE 4
IX. GIFTS AND BENEFITS No comparable Municipal by-law or policy.
X. CONFIDENTIAL INFORMATION PROCEDURAL BY-LAW 2011-016
... 10.1 Conduct of Members of Council,
GPA and Special Committees
No member shall disclose, release or 10.1.1 No Member shall:
publish by any means to any person or to
the public any confidential information ...
acquired by virtue of his or her office, in (e) where a matter has been
any form, except when required or discussed in a closed Meeting,
authorized by Council or otherwise by law and where the matter remains
to do so. confidential, disclose the
content of the matter or the
'" substance of the deliberations
of the closed Meeting to any
person.
PURCHASING BY-LAW 2010-112
Disclosure
95. No Corporation employee or any
member of Council shall disclose any details
regarding Bids except as permitted by this
by-law and the Municipal Freedom of
Information and Protection of Privacy Act.
POLICY F8 (Freedom of Information &
Protection of Privacy)
This policy deals with the use of confidential
information by members of Council (see
Attachment 5).
XI. USE OF CITY PROPERTY, CODE OF CONDUCT
SERVICES AND OTHER RESOURCES 2 Conduct
No member of Council shall use, or permit Members of Council shall not:
the use of, municipal land, facilities,
equipment, supplies, services, staff or ...
other resource, including any municipally- b) use municipal property, equipment,
owned information, website, Council supplies or services of consequence
transportation delivery service or funds for activities not associated with the
allocated for member of Council expenses, discharge of official duties.
for any purpose or activity other than the
lawful business of the municipal c) benefit from the use of information
corporation. No member shall seek or relating to the affairs of the
acquire any personal financial gain from Municipality.
the use or sale of confidential information, d) benefit from the use of information
or any municipally-owned intellectual
REPORT NO.: LGL-010-13 PAGE 5
property including any invention, creative acquired during the course of official
writing or drawing, computer program, duties which is generally not available
technical innovation, or any other to the public.
information or item capable of being PURCHASING BY-LAW 2010-112
patented or copyrighted, of which property
remains exclusively that of the Personal Purchases
municipality. 97 (1)In this section, "Personal Purchase"
means a purchase of Goods and/or
Services requested by an elected
official, an appointed official or by any
other employee of the Corporation that
is not required for the purposes of the
Corporation or a Local Board.
(2)No Personal Purchases shall be
made by the Corporation for any
Member of Council, member of a Local
Board, or employees of the Corporation,
unless specifically authorized.
X111. CONDUCT OF ELECTION POLICY F110 (Use of Corporate
CAMPAIGNS Resources for Election Purposes)
Every member shall comply with all This Policy (approved by Council on
applicable requirements of the Municipal January 27, 2010) comprehensively deals
Elections Act, 1996. No member shall use with all of these matters (see Attachment
confidential information, facilities, 6).
equipment, supplies, services or other
resources of the municipality, including
any Councillor newsletter or website linked
through the municipality's website, for any
election campaign or campaign-related
activity. No member shall undertake
campaign-related activities on City
property during regular staff working hours
unless authorized by the municipality. No
member shall use the services of any
person for election-related purposes
during hours in which that person receives
any compensation from the municipality.
X111. NO IMPROPER USE OF No comparable Municipal by-law or policy.
INFLUENCE
2.2 Code of Conduct policies 2 e), g) and h) and section 82 of Purchasing By-law
2010-112 (reproduced below) govern the conduct of members with respect to the
procurement of goods and services. There are no comparable provisions in the
Model Code.
REPORT NO.: LGL-010-13 PAGE 6
CODE OF CONDUCT
2. Conduct
Members of Council shall not:
e) 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.
g) bid on the sale of goods except those disposed by public
auction.
h) use Municipal buying power for personal gain or benefit.
PURCHASING BY-LAW 2010-112
Conflict of Interest
82. The, participation of members of Council and employees of the
Corporation in the procurement process shall be governed by, in the case
of members of Council, the Municipal Conflict of Interest Act and, in the
case of employees, by the Code of Ethics Policy H3.
2.3 Staff will require further direction if there is a desire to amend Council's position
respecting what conduct is to be regulated and how the Code is to be enforced.
3.0 CONCURRENCE
3.1 The Municipal Clerk concurs with the recommendation in this Report.
CONFORMITY WITH STRATEGIC PLAN — Not applicable.
Attachment 1: Model Code of Conduct
Attachment 2: Code of Conduct— Members of Council (November 2009)
Attachment 3: Policy E1 - Code of Ethics
Attachment 4: Policy E5 - Harassment
Attachment 5: Policy F8 - Freedom of Information & Protection of Privacy
Attachment 6: Policy F110 - Use of Corporate Resources for Election Purposes
ATTACHMENT NO. 1 TO
REPORT LGL-0010-13
Schedule A to By-law 2008-L0
Code of Conduct - Members of Council
�.
Purpose
The Code of Conduct for members of council serves as a guide to
members of council In the Individual conduct of their official duties, The
Code represents general standards. It does not replace council member's
roles, responsibilities, actions and behaviours required by various statutes.
2. Conduct
Members of council shall not:
a) breach the public trust or misappropriate public funds and/or
resources.
b) use Municipal property, equipment, supplies or services of
consequence for activities not associated with the discharge of
official duties. I
c) benefit from the use of Information relating to the affairs of the
Municipality,
d) benefit from the use of information acquired during the course of
official duties which is not generally available to the public,
e) 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,
f) 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.
g) bid on the sale of goods except those disposed by public auction.
h) use Municipal buying power for personal gain or benefit.
3, Enforcement
The onus of compliance of the Code is on the individual member of
council, In addition, the provisions of various statutes pertaining to the
roles, responsibilities, actions and behaviours governing members of
council apply to instances of improper conduct.
ATTACHMENT NO. 2 TO
REPORT LGL-0010-13
Ontario Municipal Act
MODEL FORM OF CODE OF CONDUCT
FOR MEMBERS OF COUNCIL
I. PRINCIPLES UPON WHICH THIS CODE IS BASED
Improving the quality of municipal administration and governance can best be achieved by
encouraging high standards of conduct on the part of all municipal officials.In particular,the
public is entitled to expect the highest standards of conduct from the members that it elects
to local government. In turn, adherence to these standards will protect and maintain the
municipality's reputation and integrity.
Key statements of principle that underline this Code of Conduct are as follows;
• Members of Council must serve and be seen to serve their constituents in a consci-
entious and diligent manner;
• Members of Council must be committed to performing theirfunctions withintegrity,
avoiding the improper use of the influence of their office, and conflicts of interest,
both apparent and real;
Members of Council are expected to perform their duties in office and arrange their
private affairs, in a manner that promotes public confidence and will bear close
public scrutiny;
Members of Council must recognize and act upon the principle that democracy is
best achieved when the operation of government is made as transparent and ac-
countable to members of the public as possible; and
• Members of Council shall seek to serve the public interest by upholding both the
letter and spirit of the laws of Parliament and the Ontario Legislature,as well as the
laws and policies adopted by the municipal council.
II. APPLICATION OF TIIIS CODE
This Code of Conduct applies to every member of the Council:
M. DEFINITIONS
In this Code of Conduct:
"child"means a child born within or outside marriage and.includes an adopted child and a
person whom a member has demonstrated a settled intention to treat as a child of his or her
family;
"Council"means the Council of the[name of the municipality to be inserted here];
"information"includes a record or document;
"member"means a member of the Council, unless the context otherwise requires; "parent"
means a person who has demonstrated a settled intention to treat a child as a part of his or
her family whether or not that person is the natural parent of the child;
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Code of Conduct for Members of Council
"Person"includes a corporation,partnership,association and any other entity,as the context
allows;and
"spouse"means a person to whom a person is married or with whom the person is living in
a conjugal relationship outside marriage.
IV. COMPLIANCE VRTE DECLARATION OF OFFICE;
Every member shall act in accordance with his or her declaration of office.
V. ADEERENCE TO COUNCIL POLICIES AND PROCEDURES
Every member of Council shall observe and comply with every provision of this Code of
Conduct, as well as all other policies and procedures adopted or established by Council
affecting the Councillor,acting in his or her capacity as a member of Council.
VI. CONDUCT AT MEETINGS
Every member shall conduct himself or herself properly and in a civil manner at Council,
_ committee and other meetings, and in accordance with the provisions of the Procedure By-.
law,this Code of Conduct,and other applicable law.
VII. CONDUCT RESPECTING OTHERS
- i
Every member of Council has the duty and responsibility to treat members of the public,one
another and staff appropriately and without abuse, bullying or intimidation, and to ensure
that the municipal work environment is free from discrimination and harassment.
A member shall not use indecent,abusive or insulting words or expressions toward any other
member,any member of staff or any member of the public.
A member shall not speak in a manner that is discriminatory to any individual,based on that
person's race,ancestry,place of origin,creed,gender,sexual orientation,age,colour,marital
status,or disability.
VH1. CONDUCT RESPECTING STAVE'
Under the direction of the senior municipal administration, and in accordance with the
decisions of Council, municipal staff are required to serve the municipal corporation as a
whole,. Every member shall be respectful of the role of-staff to provide advice based on
n political neutrality and objectivity and without undue influence from any member or faction
_ of the Council. Accordingly, no member shall maliciously or falsely injure or impugn the
professional or ethical reputation of any member of staff.Every member shall show respect
A for staff,and for their professional capacities and responsibilities.
No member shall compel any member of staff to engage in partisan political activities, or
subject any member of staff to threat or discrimination for refusing to engage in any such
activity. No member shall use or attempt to further his or her authority or influence by
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Ontario Municipal Act
intimidating,threatening,coercing,commanding or influencing improperly any staff member
or interfering with that person's duties,including the duty to disclose improper activity: —
a. GIFTS AND BE1:'>FFITS r
For the purposes of this Code,a gift or benefit provided,with the member's knowledge,to a
member's spouse,child or parent,or to his or her staff,that is connected directly or indirectly J
to the performance of the member's duties,is deemed to be a gift or benefit to that member. jl
No member shall accept a fee,advance,gift or personal benefit that is connected directly or
indirectly with the performance of his or her duties of office,unless permitted under one or - I
more of the exceptions listed below.
Each of the following is recognized as an exception:
(a) compensation authorized by law; -
(b) a gift or benefit of the kind that normally accompanies the responsibilities of office
and is received as an incident of protocol or social obligation;
(c) a political contribution otherwise authorized and reported as required by law,in the — I
case of a member running for office;
(d) services provided without compensation by a person volunteering his or her time; -
(e) a suitable memento of a function honouring the member;
(f) food,lodging,transportation or entertainment lawfully provided by any Provincial,
regional or local government or board or political subdivisions of any of them,by
the Federal government,a foreign government,or by those organizing a conference,
seminar or event where the member is speaking or attending in an official capacity;
(g) food and beverages consumed at a banquet,reception or similar event,if:
(i) attendance by the member is for a legitimate municipal purpose; —
i
(ii) the person extending the invitation, or a representative of the organization
holding the event,is in attendance;and
(iii) the value is reasonable;
(h) communications to the office of a member,including subscriptions to newspapers
and periodicals;and
(i) a sponsorship or donation for a community event organized or run by a member,or
a third party on behalf of amember,subject to the limitations set outin any applicable —
municipal policy.
Except for exception(c)(political contributions allowable by law), these exceptions do not
apply where a gift or benefit is provided by a lobbyist or a lobbyist's client or employer.In L
this provision,a lobbyist is an individual,organization or business who or that:
(a) lobbies,or causes the lobbying of,any public officeholder of the municipality,the
municipal council or corporation,or a local board; —
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Code of Conduct for Members of Council
(b) the member knows is attempting or intending to lobby the member or any of the
public persons or bodies listed in paragraph(a);or
(c) is maintaining an active lobbyist registration with the municipality,whether or not
with respect to any specific or current subject-matter.
In the case of any of the recognized exceptions(b),(e),.(f),(h)and(i),if the value of the gift
or benefit exceeds $300.00, or if the total value of gifts or benefits received from any one
source during the course of a calendar year exceeds$300.00, the member shall file, within
30 days of receipt of the gift or benefit,or of reaching the annual limit,a disclosure statement
with the municipality[or with its Integrity Commissioner].
The disclosure statement must set out:
1 the nature of every gift or benefit received;
2 its source and date of receipt;
3 the circumstances under which it was given and received;
4 its estimated value;
5 what the recipient intends to do with any gift;and
6 whether any gift will at some point be provided to the municipality.
Every disclosure statement filed under this Code shall be made a public record.
Upon receiving a disclosure statement, the Integrity Commissioner, or other responsible
municipal official,shall examine it"to ascertain whether the receipt of the gift or benefit might,
in his or her opinion, constitute a contravention of this Code or create a conflict between a
private interest and the public duty or responsibilities of the member.In the event that the
Inteb ity Commissioner makes such a determination,he or she shall call upon the member to
justify receipt of the gift or benefit.
Should the Integrity Commissioner or other municipal official determine that receipt of any
gift or benefit was inappropriate,he or she may direct the member to return the gift,reimburse
the donor for the value of any gift or benefit already consumed,forfeit the gift or remit the
value of any gift or benefit already consumed,to the municipality.
Except in the case of exceptions(a), (c),(f)and(i),no member shall accept a gift or benefit
worth in excess of$500.00,or gifts or benefits from one source during a calendar year which
together are worth in excess of$500.00.
X. CONFEDENTIAL ItNFORAIATION
In this Code, "confidential information"includes any information in the possession of, or
received in confidence by,the municipality that the municipality is prohibited from disclosing,
or has decided to refuse to disclose, under the Municipal Freedom of Infolmation.and
Protection of Privacy Act, or any other law, "Confidential information"also includes infor-
mation of a corporate,commercial,scientific or technical nature received in confidence from
third parties;personal information; information that is subject to solicitor-client privilege;
information that concerns any confidential matters pertaining to personnel,labour relations,
litigation, property acquisition, the security of the property of the municipality or a local
board; and any other information lawfully determined by the Couricil to be confidential, or
required to remain or be kept confidential by legislation or order.
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Ontario Municipal Act -
No member shall disclose,release or publish by any means to any person or to the public any
confidential information acquired by virtue of his or her office, in any form, except when
required or authorized by Council or otherwise by Iaw to do so.
No member shall use confidential information for personal or private gain or benefit,or for
the personal or private gain or benefit of any other person or body. _
A matter, the substance of a matter, and information pertaining to a matter, that has been
debated or discussed at a meeting closed to the public, shall be maintained.as confidential,
unless authorized by the Council or legislation to be released,generally or subject to condi-
tions,and such are complied with.No information pertaining to such a matter,the manner in
which it was dealt with at the meeting, or any part or description of the debate, shall be
disclosed unless authorized by the Council or otherwise by law. f
A member may disclose the content of any matter referred to in the preceding paragraph or
c__1
the subject-matter of deliberations, at an in camera meeting,only after the Council or com-
mittee lawfully and knowingly discusses the information at a meeting that is open to the
public or releases the information to the public.
Without limiting the generality of the foregoing,no member shall,without lawful authority,
disclose,or make personal use of, any of the following types of confidential information:
• _information concerning litigation,negotiation or personnel matters; -
information the publication of which may infringe on the rights of any person(e.g.
source of a complaint where the identity of a complainant is given in confidence);
• price schedules in any contract, tender or proposal document while such remains a
confidential document; '—r
• information deemed to be"personal information"under the Municipal Freedom of
Information and Protection of Privacy Act;and
• any other information or statistical data required by law not to be released.
No member of Council shall obtain access, or attempt to gain access, to confidential infor-
mation in the custody of the municipality except to the extent that such access is necessary
for the performance of his or her duties and such access is not prohibited by Council or
otherwise by law.
X USE OF CITY PROPERTY,SERVICES AND OTHER RESOURCES _-
No member of Council shall use, or permit the use of,municipal land,facilities,equipment,
supplies, services, staff or other resource, including any municipally-owned information,
website, Council transportation delivery service or funds allocated for member of Council
expenses,for any purpose or activity other than the lawful business of the municipal corpo-
ration.No member shall seek or acquire any personal financial gain from the use or sale of
confidential information, or of any municipally-owned intellectual property including any �'
invention,creative writing or drawing,computer program,technical innovation,or any other
information or item capable of being patented or copyrighted, of which property remains -�
exclusively that of the municipality. T'
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7'
Code of Conduct for Members of Council
3. CONDUCT OF ELECTION CAIYfPAIGIN
Every member shall comply with all applicable requirements of the i1dunicipal Elections Act,
1996.No member shall use confidential information,facilities,equipment,supplies,services
or other resources of the municipality,including any Councillor newsletter or website linked
through the municipality's website,for any election campaign or campaign-related activity.
No member shall undertake campaign-related activities on City property during regular staff
working hours unless authorized by the municipality. No member shall use the.services of
any person for election-related purposes during hours in which that person receives any
compensation from the municipality.
NO ai SPRO,PER USE OF U,UE1 TCF
No member of Council shall use the influence of his or her office for any purpose other than
for the lawful exercise of his or her official duties and for municipal purposes,
No member of Council shall use his or her office or position to influence or attempt to
influence the decision of any other person,for the member's private advantage or that of the
member's parent,child,spouse,staff member,friend or associate,business or otherwise.No
member shall attempt to secure preferential treatment beyond activities in which members
normally engage on behalf of their constituents as part of their official duties.No member
shall hold out the prospect or promise of future advantage through the member's supposed
influence within,Council,in return for any action or inaction.
For the purposes of this provision,"private advantage"does not include a matter:
(a) that is of general application;
(b) that affects a member of Council,his or her parents/children or spouse,staff mem-
bers,friends or associates,business or otherwise,as one of a broad class of persons;
or
(c) that concerns the remuneration or benefits of a member of Council.
This provision does not prevent dinember of Council from requesting that Council grant a
lawful exemption from a policy.
XIV. NON-COiIdPDI�NC'E MTH TEII S CODE OF CONDUCT—SANCTIONS
A member found by Council to have contravened any provision of this Code,is subject to
one ormore of the following consequences imposed by Council,as•referred to in the following
two paragraphs:
The Municipal Act,2001 authorizes the Council,where it has received a report by its Integrity
Commissioner that,in his or her opinion, there has been a violation of the Code of Conduct,
to impose upon the offending member of Council:
1 a reprimand;
2 suspension of the remuneration paid to the member in respect of his or her services
as a member of Council or a local board, as the case may be,for a period of up to
90 days.
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Ontario Municipal Act
The Integrity Commissioner may also recommend that Council or a local board take one or
more of the following actions:
1 removal from membership on a committee or local board;
2 removal as chair of a committee or local board;
3 repayment or reimbursement of monies received;
4 return of property or reimbursement of its value;
5 request an apology to Council,the complainant,or both;or
6 any other or additional action deemed by Council to be appropriate,and which is
within its power to take.
NO REPRISAL OROBSTRUCTIOII Ili TEE APPLICATION OR El-UORCE-
NIEiVT OF TM—S CODE
Every member of Council must respect the integrity of the Code of Conduct and inquiries
and investigations conducted under it,and shall co-operate in every way possible in securing
compliance with its application and enforcement.Any reprisal or threat of reprisal against a
complainant or any other person for providing relevant information to the Integrity Commis-
sioner or any other person is prohibited. It is also a violation of the Code of Conduct to
obstruct the Integrity Commissioner,or any other municipal official involved in applying or
furthering the objectives or requirements of this Code,in the carrying out of such responsi-
bilities,or pursuing any such objective.
=L STATUTES RECUT AMp IG THE CONI DUCT OF COUNCILLORS
In addition to this Code of Conduct,the following Ontario legislation also governs the conduct
of members of Council:
• the Municipal Act,2001,as amended;
• the Municipal Conflict of Interest Act;
• the Municipal Elections Act, 1996;and
• the Alunicipal Freedom of Information and Protection of Privacy Act.
The Criminal Code of Canada also governs the conduct of members of Council.
A member may become disqualified and lose his or her seat by operation of law,including
being convicted of an offence under the Criminal Code of Canada or being found to have
failed to comply with the k1unicipal Conflict of Interest Act,whether or not the conduct in
question involves contravention of this Code of Conduct.
In the case of any inconsistency between this Code and a Federal or Provincial statute or
regulation, the statute or regulation shall prevail.
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Corporate Policy Leading the Way
POLICY TYPE: Working Conditions and Programs ATTACHMENT#®TO
POLICY TITLE: Code of Ethics �CP��T# �" ®�
POLICY#: E1
POLICY APPROVED BY: Council
EFFECTIVE DATE: December 10,2001
REVISED: September 18,2012
APPLICABLE TO: All Employees
1. 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. 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).
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.
E1 —Code of Ethics Pagel of 3
Corporate Policy Leading the Way
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:
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 Corporations.
ii) In a professional capacity that will or might appear to influence or affect the
carrying out of duties as a Municipal employee.
E1 —Code of Ethics Page 2 of 3
Corporate Policy Leading the Way
Communications
a) An employee shall be courteous, civil and act in good faith with all persons with
whom he/she is dealing with in 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 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.
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 in the,
circumstances, which may include discipline up to and including termination of service.
The matter may then be reported, at the discretion of the Chief Administrative Officer, to
the appropriate Committee(s) of Council for information.
3. Appendix:
Code of Ethics Guidelines
El —Code of Ethics Page 3 of 3
Appendix to Policy El
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 fixture.
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 the
Work Municipality to augment his/her income by engaging in other part-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.
ATTACHMENT NO. 4 TO
REPORT LGL-0010-13
Corporate Policy Leading the Way
POLICY TYPE: Working Conditions and Programs
POLICY TITLE: Harassment
POLICY#: E5
POLICY APPROVED BY: Chief Administrative Officer
EFFECTIVE DATE: April 28, 1.997
REVISED: October 2,2012
APPLICABLE TO: All Employees and Elected Officials
The Corporation of the Municipality of Clarington is dedicated to providing a healthy and safe
work environment. Acts of workplace harassment by staff, volunteers or visitors will not be
tolerated. The Municipality of Clarington has a zero tolerance policy regarding workplace
harassment. Any violation of the policy will be investigated and may result in disciplinary action
up to and including termination with cause, Violence in the workplace is dealt with under a
separate Health& Safety Policy(E-8 Workplace Violence).
1. Purpose:
a) To convey the Municipality's commitment to maintaining a workplace flee of
harassment.
b) To ensure employees know what to do if he/she has been harassed or accused of
harassing another individual, and are aware of their responsibilities in maintaining a
harassment free workplace
2. Definitions
2.1 Workplace: any location where business of the Municipality is-being conducted such as
offices and buildings of the Corporation. The workplace includes cafeterias,
washrooms,locker rooms,work sites, on-road municipal vehicles and personal vehicles
while occupied by municipal employees during travel for the purpose of municipal
business,during regular or non regular hours as required, Harassment that occurs
outside the workplace but which has repercussions in the work environment,adversely
affecting employee relationships,may also be defined as workplace harassment,with
each situation to be evaluated on its own merit.
2.2 Harassment: means engaging in a course of vexatious comments including:electronic
means of communication or conduct by an employer, someone acting for the employer
or co-worker towards any other employee which is intimidating, annoying or malicious
and may relate to race, ancestry,place of origin, colour, ethnic origin,,citizenship,
religion/creed, sex, sexual orientation, age,record of offences (provincial offences and
pardoned federal offences),marital status,family status or handicap, against a worker in
a workplace that is known or ought reasonably to be known to be unwelcome whether
intended or not.
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Corporate Policy Leading the Way
23 Harassment is further explained as follows;
a) Sexual Harassment;
• Sexual advance or solicitation by a person who is in a position to grant or deny a
benefit to another.
• 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
• Unwelcome remarks,jokes, suggestions or insults about a person's physical
appearance, attire or sex
• 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
• Demands or requests for sexual favours,particularly by a person who is in a
position to grant or deny a benefit
• Compromising invitations
b) Discriminatory Harassment
• Unwelcome remarks,jokes or insults about a person's racial background, colour,
{ place of birth, ancestry or citizenship
• The displaying of racist,derogatory or otherwise offensive material
• Insulting gestures or practical jokes based on racial or ethnic grounds which
cause embarrassment
• A refusal to converse or work with an employee because of his or her racial or
ethnic background
• Any other situation as defined by the prevailing Human Rights Code
e) Workplace Harassment
• 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
• Reportedly blaming others for mistakes
• Making false allegations in memos or other documents
E, • A supervisor undermining the victim's efforts by setting impossible goals and
deadlines and impeding an employees efforts at promotions or transfers
ES-Harassment Page 2 of 7
Corporate Policy
(Leading the Way
• Persistent excessive and unjustified criticism and constant scrutiny by a
supervisor
14 Examples that do not constitute Workplace 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
• normal workplace conflict that may occur between individuals,or differences in
opinion between co-workers
• requesting medical documentation in support of an absence fiom work
3. Policies;
a) The Corporation of the Municipality of Clarington, CUPE Local 74 and the Clar7ngton
Fire Fighters Association,Local 3139 supports and recognizes their obligations
regarding the right for every employee to work in a harassment free environment,as
specified in the prevailing Ontario Human Rights Code and the Occupational Health &
Safety Act.
b) In keeping with its legal and social responsibilities as an employer, the management of
the Corporation shall treat any complaint of harassment as a serious matter.
c) No employee shall be harassed because of race,ancestry,place of origin, colour, ethnic
origin, citizenship,religion, creed, sex, sexual orientation, age,record of offences
(provincial offences and pardoned federal offences),marital status,family status or
disability.
d) A spirit of fairness to both parties must guide the proceedings. This includes the
respondent's right to know both the allegations and the accuser and•the rights of both
parties to a fair and impartial investigation and possibly a hearing.
e) Confidentiality will be maintained to the best of management's ability.Any employee
who is the subject of a complaint shall be informed of the complaint as soon as
reasonably possible.The complainant who wishes to seek a remedy or a sanction
through this procedure must be prepared to be identified to the respondent which will be
undertaken with efforts to maintain respect for all involved in the situation.All involved
in the process are requested to maintain confidentially.
f) This policy provides that the complainant not be compelled to proceed with the
complaint unless the situation warrants as determined by management. It further
provides the complainant with the right to withdraw a complaint at any point up to the
final disposition of the matter. Based on knowledge obtained,the Corporation may be
required to proceed with the investigation and report without the complainant's direct
i involvement.
E5 -Harassment Page 3 of 7
Corporate Policy
(Leading the Way
g) The respondent is entitled to a specific disposition of the issue as appropriate to the
situation and findings,
h) The final result or discipline if any, enforced as a result of the complaint need not be
shared with the complainant.
i) Every effort must be made by all parties to stop the harassment immediately.
j) Any employee may at any time throughout the process seek advice or assistance from
the Ontario Human Rights Commission.
4. Procedures:
The Complainant:
Any person who believes he/she is being harassed by another person is advised to take the
following measures:
Step#1—Ask the harasser to stop:
Infoim.the harasser that his or her behaviour is unwelcome. An individual (although he
or she should know better)may not realize that he or she is being offensive. A simple
chat may resolve the problem. If the person refuses to cooperate,remind him or her that
such behaviour is against Municipal policy.
If the employee feels uncomfortable asking the harasser to stop, assistance or
intervention by Human Resources may be sought,
Step#2—Deep a record of the harassment:
When did the harassment start? (E.g. dates,time,locations). What happened?Were
there any witnesses?Were there any threats or reprisal?What was your response?
Failure to keep a diary of the events will not invalidate your complaint. A record will,
however,reinforce it,
Step#3—Lodge a complaint:
a) If the harassment, despite your efforts to stop it, continues,you should report the
problem to your Supervisor,Department Head or a designate fiom Human Resources, If
the offending person is the designate from Human Resources,the complaint should be
taken directly to the Chief Administrative Officer or designate, If the offending person is
the Department Head, the complaint shall be reported to Human Resources who will
bring this matter to the CAO. If the offending person is the CAO, the Human Resources
designate has the ability to advise Council in a confidential report,
b) If the complaint is against a member of Council, an independent investigation will be
conducted, with the report going to the CAO,who is authorized to advise Council of the
independent results.
c) Once the complaint is received,if verbal,Human Resources will document the events as
communicated, If the compliant is in writing the date and time received will be recorded.
i Both parties may have a copy of the complaint,but Human Resources will retain all
formal records.
E5 -Harassment Page 4 of 7
Corporate Policy Gi the Way
d) Where a manager or supervisor initially receives the official complaint,it is his/her
responsibility to ensure that the designate from Human Resources and the Department
Head is notified about the complaint as soon as reasonably possible, The designate from
Human Resources is then responsible for assessment and initiation of an investigation.
e) The designate from Human Resources will acknowledge receipt of a complaint as soon
as reasonably possible to the Manager/Department Head/Complainant/Alleged Harasser.
The Department Head and the CAO will be kept apprised of the process as to the
appropriate steps throughout the process.
Human Resources:
Human Resources with assistance from the Health&Safety Coordinator if requested shall take
the following steps;
Step #1--Investigation of Complaint will be conducted by Human Resources or by Independent
investigator as appropriate to the circumstances as determined by Human Resources.
a) Fact funding
i) A confidential interview with relevant parties will be conducted to obtain
information and clarify the details of the reported incident. Both parties will
have an opportunity to identify witnesses or others who maybe interviewed.
i Where witnesses are not identified, or where otherwise appropriate, co-workers
or other individuals may be interviewed. All interviews will be conducted in a
confidential manner.
ii) The results and conclusions of the investigation will be documented after
interviewing the complainant,respondent and any other relevant witnesses
including co-workers if necessary. Complainant and/or respondents may be
asked to verify documentation.Where appropriate and necessary,the
investigator may contact the Ontario Human Rights Commission or independent
investigation firms for advice or assistance.
b) Preliminary findings
i) Where the information revealed early in the investigation suggests a reasonable
possibility of a resolution, an early settlement may be proposed prior to
conducting the entire investigation.
ii) Where appropriate,a meeting may be convened with the parties (either
individually or collectively as appropriate)involved to discuss preliminary
findings of the investigation and inform participants of the possibility and nature
of early settlement and the reasons.
iii) This stage allows all parties to become aware of the tentative findings and
presents an opportunity,based on the information, to resolve the matter upon
agreement of all parties without further investigation.
i, iv) Where agreement is reached and the matter deemed resolved, a summary report
will be prepared for the Chief Administrative Officer and appropriate
Department Head.
E5 - Harassment Page 5 of 7
Corporate Policy
(Leading the Way
t v) In situations where both parties agree on a settlement but Human Resources
deem the situation could pose a risk of further action, danger or legal outcome,
Human Resources will make recommendations to the CAO regarding
acceptance of the proposed settlement or proceeding further.
c) Further investigation
i) Where, as a result of preliminary findings, a resolution cannot be proposed or
achieved, or where the designate from Human Resources determines that file
closure at this point would not be appropriate, further investigations will be
conducted.
d) Notification and discussion of results
i) The designate from Human Resources will subsequently schedule meetings with
the complainant, alleged harasser,Department Head and/or Chief
Administrative Officer where necessary, to present and discuss the'findings and
conclusions of the investigation, Separate meetings may be convened if
necessary and all parties have a right to be represented.
e) Report of Findings
i) A written general summary of the complaint and results of the investigation will
be provided to the Chief Administrative Officer,Director of Corporate
Services/HR,Department Head the complainant and the respondent as they are
affected by the outcome. Documents are retained by Human Resources and
detailed notes are not provided to complainant or respondent.
ii) The final full report will not be released to complainant or respondent or other
party involved unless extenuating circumstances dictate, or there is a legal
requirement to release the report.
f) Disciplinary measures
i) If there is evidence of harassment, disciplinary measures will be taken by the
Department Head,in consultation with the Director of Corporate Services/HR
and the Chief Administrative Officer as appropriate. Such discipline may
include suspension or discharge. Documentation regarding the disciplinary
action will be placed in the employees personnel file.
g) Malicious complaints
i) Where, as a result of an investigation,it is determined that the complaint was
made maliciously—with a specific and directed intent to harm,or made in bad
faith with reasonable knowledge of any intent to harm, formal disciplinary
actions may be taken against the complainant, after consultation with the
Department Head,Director of Corporate Services/HR and/or CAO as
appropriate. Documentation regarding the disciplinary action will be placed in
the employee's personnel file.
i
E5 -Harassment Page 6 of 7
Corporate Policy Leading the Way
Step##2--Preventing a Re-Occurrence
a) If the complaint is found to be not supported,no documentation of the complaint will be
placed in the employee file of the respondent,unless the respondent requests a letter of
clearance stating the claim was unfounded be placed into their employee file. Human
Resources will maintain all records.
b) It is the responsibility of the Department Head and Supervisors to make all reasonable
efforts to ensure that workplace harassment does not occur and that there is no
retaliation for having made a good faith complaint in his or her department.
The Respondent:
a) Assess your behaviour seriously. Understand that even if you did not intend to offend,
your behaviour has been perceived as offensive.Be aware that the test of harassment is
not whether you intended to offend,but whether a reasonable person ought to have
known that the behaviour,comments or conduct were unwelcome.
b) Cease the behaviour that the person finds offensive or unwelcome. Failure to cease this
behaviour will leave you more vulnerable to a formal complaint,which could lead to
disciplinary actions.
c) If you believe the complaint is unfounded, discuss the matter with your supervisor
and/or Department Head or Human Resources.
d) You are entitled to know the allegations against you and to have an opportunity to
respond.
e) Document your version of the alleged incident including times,places,what happened
and any witnesses.
f) Cooperate with any investigation undertaken to resolve the matter.
i
E5 -Harassment Page 7 of
ATTACHMENT NO. 5 TO
REPORT LGL-0010-13
A
Corporate Polio Leading the Way
POLICY TYPE: Operational
SUBSECTION: Communication/Customer Services
POLICY TITLE: Freedom of Information & Protection of Privacy
POLICY#: F8
POLICY APPROVED BY: Chief Administrative Officer
EFFECTIVE DATE: April 30, 2007
REVISED: April 16, 2013
APPLICABLE TO: All Employees
1. Purpose:
To provide a corporate program for access to information and protection of privacy,
particularly on how the Municipal Freedom of Information and Protection of Privacy Act
(the Act)applies to information in the possession of the Municipality of Clarington.
2. Objective:
The objective of this policy is to:
1. Ensure that information is made available to the public and necessary exemptions
from the right of access are limited and specific.
2. Identify roles and assign responsibility regarding the use and disclosure of corporate
information.
3. Commit to protecting the privacy of individuals with respect to personal information
about themselves held by the Municipality and to provide individuals with the right
of access to their information.
4. Establish guidelines for processing requests for information within the timeline
restrictions imposed by the Act.
5. Communicate offences and liabilities as stated in the Act.
3. Definitions:
1. FOI Co-ordinator—For the purposes of this policy and related procedures, the
Municipal Cleric is designated as the FOI Co-ordinator.
2. Council—For the purposes of this policy and related procedures, the terms Council,
Councillor, Member of Council and Council Member shall include Mayor.'
As recommended by the Information and Privacy Commissioner
F8 —Freedom of Information & Protection of Privacy Page I of 6
Corporate Policy Leading the Way
3. Head—For the purposes of the Act,the Head is the Mayor. The powers and duties
of the Head have been delegated to the FOI Co-ordinator,however,the Head still
remains accountable for actions taken and decisions made under the Act.
4. Information and Privacy Commissioner—The Information and Privacy
Commissioner is appointed by the Lieutenant Governor in Council. The
Commissioner is an officer of the Legislature and is independent of the government.
The Commissioner hears appeals of decisions made by Heads of institutions, issues
binding orders, conducts privacy investigations, and has certain powers relating to
the protection of personal privacy.
5. Personal information - as defined in the Act, means recorded information about
an identifiable individual, including,
(a) information relating to the race, national or ethnic origin, colour,
religion, age, sex, sexual orientation or marital or family status of the
individual,
(b) information relating to the education or the medical,psychiatric,
psychological, criminal or employment history of the individual or
information relating to financial transactions in which the individual has
been involved,
(c) any identifying number, symbol or other particular assigned to the
individual,
(d) the address, telephone number,fingerprints or blood type of the
individual,
(e) the personal opinions or views of the individual except if they relate to
another individual,
(f) correspondence sent to an institution by the individual that is implicitly
or explicitly of a private or confidential nature, and replies to that
correspondence that would reveal the contents of the original
correspondence,
(g) the views or opinions of another individual about the individual, and
(h) the individual's name if it appears with other personal information
relating to the individual or where the disclosure of the name would reveal
other personal information about the individual.
6. Sensitive Information—means privileged or proprietary information that only
authorized people are allowed to see which includes but is not limited to
personal information and that is therefore not accessible to everyone. i.e.
personal or confidential information.
7Record—Any information, however recorded, whether in printed form, on film, by
electronic means or otherwise, and includes correspondence, memoranda, books, plans,
FS —Freedom of Infonnation&Protection of Privacy Page 2 of 6
F ,;
Corporate Policy Leading the jVay y
maps, drawings, diagrams,pictorial or graphic works, photographs, films, microfilms, sound
recordings, videotapes, machine-readable records.
8. Request, Formal—A request for access to or copies of a record which is submitted in
writing detailing the requested records, is dated and signed by the requester. This
type of request should be received only after the informal request has been denied.
9. Request, Informal—A verbal request for access to or copies of a record. May also
be referred to as an over-the-counter or routine request. All requests should begin
informally and requesters should only formally subunit a request as a last resort.
10. Routine Disclosure—The routine or automatic release of certain types of
administrative and operational records in response to informal rather than formal
requests.
4. Responsibilities:
Councillors—General Information
Councillors may have a right of access to certain types of information that would not be
available to the general public if they require the information in their capacities as members
of council in order to carry out duties related to that function. Council members seeking
access to information that is not ordinarily available to the public should direct their request
to the appropriate department head. The department head,together with the Municipal
Clerk,will review the information to ensure that disclosure of information to the councillor
is in accordance with legislative requirements.
Depending on the nature and type of information requested, the information provided to
Councillors may be stamped "CONFIDENTIAL". In these circumstances, the information
in question is considered to be confidential and the council member is prohibited from
releasing the information in any format, without the express authorization of council. The
same is true for information provided to councillors in preparation of closed council or
committee meetings.
There may be circumstances in which a councillor, who is not acting within his or her
official capacity as member of council, requests access to information. The Councillor may
submit a formal request under the Act. In this case,the councillor has the same statu's as any
member of the public when requesting this information, and staff will apply the Act in the
normal manner to determine whether access may be granted.
Councillors—Personal Information
Where a councillor, acting in the capacity of member of council seeks access to personal
information of a third party(e.g., an employee or a constituent), he or she may only obtain
the personal information if disclosure is specifically authorized under section 32 of the Act.
Examples of authorized disclosure are:
F8 —Freedom of Information& Protection of Privacy Page 3 of 6
Corporate Polley Leading th Way
1. With consent of the individual;
2. In compelling circumstance affecting the health or safety of an individual;
3. In compassionate circumstances,to facilitate contact with the neat of kin or a friend
of an individual who is injured, ill or deceased; or
4. Where disclosure to council as a whole (i.e., in council or committee meetings) or to
the individual councillor is required to fulfil a duty as an officer under the Municipal
Act or other legislation.
Councillors who have received access to personal information or other confidential
information in the performance of their duties have a responsibility to protect this
information while it is in their possession. Councillors must, therefore, ensure that the
privacy of the individual to whom the information relates is protected at all times, and must
keep the information physically secure so as to avoid unauthorized disclosure or destruction.
A Councillor's Own Records
The provisions of the Act cover records that are in the custody or under the control of the
Municipality of Clarington. This includes information created by a third party that has been
provided to, or obtained by, the Municipality. Councillors' records are considered personal
records that are not subject to the Act where they are not related to the discharge of the
councillor's responsibilities as a member of council or to some aspect to council's mandate
and they are not in the custody or control of the municipality. There are factors used to
determine issues of custody or control. Even records relating to constituency matters may
be accessible if a consideration of the factors leads to the conclusion that they are in the
custody or control of the institution.
Chief Administrative Officer and Department Heads
1. Actively support the FOI policy.
2. Understand the policy and the principles of the Municipal Freedonn of Information
and Protection of Personal Privacy Act.
3. Forward formal requests for information which are not common to their usual course
of business to the FOI Co-ordinator.
4. Work closely with the FOI Co-ordinator in the processing of the formal requests to
ensure compliance within legislated time requirements.
FOI Co-ordinator
1, Maintain a thorough knowledge of the FOI Policy and information request
procedures.
F8 —Freedom of Information & Protection of Privacy Page 4 of 6
Corporate Policy Leading the w'ay
2. Receive requests and co-ordinate these requests with Department Heads to
comply with legislated time requirements.
3. Communicate with requesters to clarify requests, issue notices and respond to
enquiries.
4. Communicate with Commissioner's Office to respond to enquiries and seek
clarification and direction regarding appeals.
5. Seek legal advice from the Solicitor respecting disclosure decisions, as required.
6. Make decisions relative to record disclosure.
7. Determine or waive fees in accordance with Regulations.
8. Conduct FOI training and orientation.
9. Develop and maintain inter-departmental procedures relative to the FOI Policy.
5. Social Media Requirements
A Municipal social media account is not considered a municipal Web site, but does
represent our presence on a social media Web site hosted by a third-party service
provider. The Municipality is committed to protecting an individual's privacy while
ensuring that the appropriate access rights are in place by efficiently and effectively
managing our municipal information holdings.
• Any information shared within Municipal social media accounts is subject to
the provisions of the Municipal Freedom of Information and Protection of
Privacy Act and/or a legal discovery requests. This means that the social media
information may be accessed and disclosed in response to a request under the
act or a legal proceeding.
• To protect your own privacy and the privacy of others, employees shall not
include personal information in your comments or any other content you post
within a Social Media account registered to the Municipality. Personal
information includes home addresses and telephone numbers, photographs
containing images of identifiable individuals, and any other information
consisting of personal information as defined within this document.
Should you have any questions about any information privacy or access rights, as
explained in this protocol, please contact the Municipal Clerk.
F8 —Freedom of Information & Protection of Privacy Page 5 of 6
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Corporate Policy Leading the Way
6. Procedures
General
Every person(including Corporations)has the right to request records under the custody and
control of the Municipality. The Municipality is not obligated to create a record in response
to a request and the Municipality has no right to question the purpose of the request. The
Act provides that information available to the public before the Act came into force must
continue to be available, except personal information. Routine disclosure or usual "over-
the-counter"responses to inquires should continue outside the procedures set out.
Access Procedure
Informal Request—Where possible, requests should be handled through the informal
request process. Regardless of where or how a request is submitted, staff shall direct the
request to the area of responsibility respecting the requested information. The employee is
to dialogue with the requester to discuss the nature of the request and the type of record at
issue with a view to determine whether the matter should be handled informally or by means
of a formal request under the Act. Typically, if the request is simply for information or for
an answer to a question, no specific record is desired. If a specific record sis requested, the
employee shall verify that the record qualifies for routine disclosure. Otherwise,the
requestor is directed to the complete a formal Application for Access/Correction of Records.
Formal Request—Once it has been determined that a formal request is needed, an
Application for Access/Correction of Records is to be completed. The application is
available through the Municipal Clerk's Department and on the Municipality's website
(ww\v.clarington.net). All formal requests are forwarded to the FOI Co-ordinator who will
contact the necessary Department Head to arrange for collection of records pursuant to the
scope of the request.
The FOI Co-ordinator is responsible for determining disclosure. Where it is anticipated or
understood that the records may be considered solicitor-client privilege, the FOI co-
ordinator shall contact the solicitor for legal advice.
The FOI Co-ordinator shall issue a Notice of Decision and any other required Notice to the
requestor.
F8 —Freedom of Information &Protection of Privacy Page 6 of 6
ATTACHMENT NO. 6 TO
REPORT LGL-0010-13
Corporate Policy, Lsndiug the tl'ay
POLICY TYPE: Operational
SUBSECTION: Buuilding/Grounds/Parking/Equipment—Access & Use
POLICY TITLE: Use of Corporate Resources for Election Purposes
POLICY 4: F110
POLICY APPROVED BY: Council
EFFECTIVE DATE: January 27,2010
REVISED: January 27,2010
APPLICABLE TO:. All Employees
1. Purpose:
To clarify that Candidates are required to follow the provisions of the Municipal Elections Act,
1996 and that:
o No Candidate shall use the facilities, equipment, supplies, services,staff or other
resources of the municipality(including Councillor newsletters and Councillor
budgets)for any election campaign or campaign related activities.
o No Candidate shall undertake campaign-related activities on Municipal property,
except as otherwise provided for in Section 2(g) of Policy F5—Political Activities.
o No Candidate shall use the services of persons during hours in which those persons
receive any compensation from the Municipality of Clarington.
2.Policy:
a) Corporate resources and finding may not be used for any election-related purposes;
b) Staff may not undertake political activities (as defined in Policy F5) or as they relate to
support of a position on any by-law or question being placed on a ballot,in the
workplace;
c) Candidates may not use any municipal or any municipally-provided facilities for any
election-related purposes, which includes displaying of any campaign related signs in
the window or on the premises,as well as displaying any election-related material in the
office;
d) Iii any material printed or distributed by the Municipality of Clarington,Members of
Council are not permitted to;
i. Illustrate that an individual (either a Member of Council or any other
individual) is a candidate registered in any election;
ii. Identify where they will be running for office; or
iii. Profile or make reference to candidates in any election,
li 110—Use of Corporate Resources for Election Purposes Page 1 of 2
Corporate Policy( ,t.eading the Way
e) Members of Council are responsible to ensure that the content of any communications
material,printed, hosted or distributed by the Municipality of Clarbigton,is not election-
related;
f) Web sites or domain naives that are funded by the Municipality may not include any
election-related campaign material;
g) The Municipality of Clarington's voicemail system may not be used to record election-
related messages;
h) The Municipality of Clarington's computer system(hardware, software and network)
may not be used to record or distribute election-related messages;
i) The following may not be printed.or distributed on any election materials or included in
any election campaign related website:
i. reference to any of the Municipality of Clarington's email addresses,
telephone numbers or facility addresses or municipally-funded facility
addresses; or
ii, the Municipality of Clarington's logo,crest, coat of-arms,slogan, etc.;
Exception: a link to the Municipality's election website is permitted for the purpose of
providing information about the election/
j) Photographs produced for and owned by the Municipality of Clarington may not be used
for any election purpose; and
k) The Municipal Clerk, or designate, shall be responsible for enforcement of this Policy,
Limitation:
Nothing in this Policy shall prohibit Members of Council from performing their duties as sitting
Members or interfere with their representing the interests of our residents.
Implementation:
This policy shall become effective immediately upon adoption by Municipal Council,
3.Appendices:
None
F1 10—Use of Corporate Resources for Election Purposes Page 2 of 2