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HomeMy WebLinkAboutCOD-020-01 , , , -' :0:. REPORT NO.: COD-020-01 PAGE 1 Cl~mgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose & Administration Date: December 3, 2001 File #: H() q Resolution #: (Of(+-717-0 I By-law #: ftJO ( ~;J-<) 9 Report #: COD-020-01 Subject: Administrative and Corporate Policies - Code of Ethics (Sec.H, Sub.H7) Recommendations: 1. THAT Report COD-020-01 be received; 2. THAT Section H, Subsection H7, of the Administrative & Corporate Policies, entitled Code of Ethics be revised; and 3. THAT By-law 98-186 be repealed, and the attached by-law, marked Attachment # 1, reflecting the amended policy be referred to Council for approval; and 4. THAT the amended policy be circulated to all staff to advise of the current policy. Attachment # 1: New By-law 2001- Attachment # 2: By-I -186 Reviewed bQ ~-~ Franklin Wu. M.C.I.P. Chief Administrative Officer Submitted by' / a e Marano, H.B.Sc., C.M.O. Director of Corporate Services MM*ss*ca 9D6 , , REPORT NO.: COD-020-01 PAGE 2 BACKGROUND AND COMMENT 1. A Code of Ethics Policy was developed in 1998 and approved by Council through By-law 98-186 (Attachment #2). 2. There have been several incidents over the past three years which have brought to light the need to amend the policy to govern acceptable conduct. Therefore the attached policy and by-law are recommended to Council for approval. 3. It is recommended that the policy be circulated in each Department to ensure that all staff are aware of the changes and understand the implications of the policy. 4. The changes to the original policy are highlighted in bold in Attachment #1 to the new by-law. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0608) 907 Attachment # 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW2001- 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 and to rescind by-law #98-186. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Policy; attachment # 1, to by-law 2001-_ be adopted as The Code of Ethics governing the Corporation of the Municipality ofClarington. THAT Report COD-020-0l providing an update to the Code of Ethics Policy shall apply to all employees and Members of Council of the Municipality of Clarington. By-law read a first and second time this day of December, 2001. By-law read a third time and finally passed this day of December, 2001. John Mutton, Mayor Patti Barrie, Clerk 908 - ATTACHMENT#1 TO BY-LAW #2001-_ MUNCIPALITY OF CLARINGTON Administrative and Corporate Policies SECTION: CODE OF ETHICS APPROVED BY: Council D C.A.O. D SECTION: H SUBSECTION H7 EFFECTIVE DATE: UPON APPROVAL APPLICATION: AFFILIATED EMPLOYEES D NON-AFFILIATED EMPLOYEE D I 1.0 PURPOSE (new) 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. 2.0 DEFINITION (new) Honesty, impartiality, objectivity and integrity are core values that employees must observe in all business activities. This applies equally to employees' activities within the municipality as well as to relationships with outside parties, ensuring the preservation of the image of the Municipality. 3.0 SCOPE (new) Applies to all departments, divisions or sections of the Municipality and to all ofits employees. 4.0 RESPONSIBILITIES (new) a) Allemployees, department, division, section managers and supervisors are responsible for their personal and professional conduct as contained herein. b) The Department Head is responsible to ensure that the matters expressed in this document are implemented and adhered to. PLEASE NOTE: ADDITIONS/CHANGES ARE IN BOLD 9Q9 I r 2 5.0 CONDUCT a) Employees are expected to promote the goals, objectives and policies of the Municipality ofClaringtonj b) Employees will acknowledge and recognize the dignity and worth of every resident they serve and person with whom they workj c) Employees and Members of Council shall not breach the public trust or misappropriate public funds and/or resources; d) 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; 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; 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; 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 and Members of Council shall not disclose any confidential information relating to the affairs of the Municipality; i) Employees and Members of Council 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 and Members of Council 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; 910 3 5.0 CONDUCT (Cont'd) 1) Employees shall not treat or provide preferential treatment to any enterprise, organization, group or person; m) Employees and Members of Council shall not conduct their work activities in a manner which may cause personal injury to themselves or others or dcunage to equipment or property of the Municipality; n) Employees are expected to report to work in a fit condition to carryout their work duties. Employees reporting for work in an unfit condition will be sent home without pay. The Corporation considers as being unfit if an employee is under the influence of alcohol or other substance which may cause them to be otherwise unfit. This includes legal medications which may impair ones effectiveness and/or judgement and those other substances which are illegal. Likewise, consumption of alcohol or illegal substances during working hours and on Corporate property is strictly forbidden. 0) Employees and Members of Council shall not bid on the sale of goods except those disposed of by Public Auction; p) Employees and Members of Council shall not use Municipal buying power for personal gain or benefit. 6.0 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 a financial or other personal interest, which is incompatible with the discharge of their office 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. 911 , 4 7.0 COMMUNICATIONS: (new) An employee shall be courteous, civil, and act in good faith with all persons with whom he/she has dealings in the course oftheir employment. An employee shall not in the course of 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. Employees should recognize that as a representative of the Municipality their actions both during and after working hours reflect the Municipality ofClarington. Therefore they are encouraged to adhere to this policy regarding communications when addressing council or elected representatives even as a private citizen. 8.0 CONnDENTlAL INFORMATION: (new) 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 leaves the employment of the Municipality of Clarington. 9.0 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 shall be treated as confidential by the employee and Municipal authorities and the employee shoud abide by the advice given to him/her. 10.0 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 including termination of service. The matter shall then be reported to the next meeting of the appropriate Committee(s) of Council for information. 912 I ' j' 6 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: 6.0(e) "Immediate family member" used in this subsection shall mean spouse, father, mother, son or daughter. 6.0(1) 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 future. 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. 913 I ,- 6.0 6 The Code of Ethics was never intended to prohibit any employee of the 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. 914 -, Attachment # 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 1198-186 ( Being a by-law to establish a code of ethics policy for the employees of the COlpOtation of the Municipality of Clarington and Members of Council TIlE COUNCIL OF TIlE CORPORATION OF TIlE MUNClPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the following rules of conduct shaIl apply to all employees and Members of Council of the Corporation of the Municipality of Clatington. RULES OF CONDUCT: I. 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 <If their official dJllies. b) engage in any outside work or activity or business undertaking: i) . that interferes or appears t'! iJ:rterfe#~,tb,e,"'!!R!ol(ee's duties; in whic;h the emploY<!' ~ ..!vanrage oi-"iij>p""", to Dve an advantage derived from employment in the Municipal Corporation; in a professional cap;u:ityl\lat will or lllight appear to intluenceor ' affect the cmying out ,of <h!t\eS,.. a MuniCipal eniployee; in 2., E:Itploye~ 0Ild MCII1bers ofCol11)cil slJa,Ill\Ot useMlII1icipal~roperty, equipment, . supplies or services of conseqtiencefor.ctivities rior associated With!he " discharge of official ditties. . " , "" 3." " Eniployei:s and Members of Council shall not: a)i~iacethemselves in a position' where they areuncletobli~ti"nt~ariY"Crson ' who might benefit from speCial consideration or favour on their part or who mighJ seek, in any way, preferentiallreatment; b) sell goods or services to the Municipality or have a direct or ittdirectinterest 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 acquireddurili~the course of official ' d~t,ies whi,ch is !,otgenerallyaVailable to the publici' " d) participate in any decision, proltlotioit or lItlIl<eailheconilnendation to their supervisor. Committee or Council. in which they or their immediate family hasliny'financial interest except as a .....ident'oftheM:unicipaliiy; '" . .~ - ,- ". . ',: '" ':,' , . , " ". -., < e) solicit or accept any gift. present or favour, the acceptance of which shaIl ' ,place or appear to place the employee under an obligation to the donor or the 'MuniCipality in a compromising situation; o disclose any confidential infonnation relating to'the aiTairs OC tIte Municipality; , , , , g) bid on the sale of goods except those disposed o,fby Public Auclion; h) useMunicipal buying power for personal gain or benefit (delete Par3graph 5, item 5.14 from Purchasing By-law 1194-129). " . 915 .' (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 himiher. 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 infonnation. ' 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 tina/time this 14th day of December. 1998. #/.L/'~h/ Nfayor 916