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HomeMy WebLinkAbout2009-163 Consolidated Office Consolidation of By-Law 2009-163 The Corporation of the Municipality of Clarington By-Law 2009-163 Being a By-law to establish a Code of Conduct for Members of Council. ________________________________________________________________ Passed, by Council, on: November 23, 2009 Consolidated as of: December 16, 2015 Amendments: Amending By-Law Date Amendment Details 2013-096 November 4, 2013 Added Sections 2.1 & 2.2 of Schedule A Disclaimer: The following consolidated by-law is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The Municipality of Clarington does not warrant the accuracy of this electronic version. Official versions of all By-laws may be obtained from the Municipal Clerk’s Department. Page 1 of 6 Office Consolidation of By-Law 2009-163 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-163 Being a by-law to Establish a Code of Conduct for Members of Council WHEREAS section 223.2 of The Municipal Act, 2001, as amended, authorizes the municipality to establish a Code of Conduct for members of the council; and WHEREAS the Council of the Municipality of Clarington has determined the need to establish a standalone Code of Conduct for members of council: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT Schedule A attached hereto is adopted as the Municipality of Clarington’s Code of Conduct for members of council; and 2. THAT Schedule A attached hereto forms part of this by-law. rd By-law read a first, second and third time this 23 day of November, 2009. Page 2 of 6 Office Consolidation of By-Law 2009-163 Schedule A to By-law 2009-163 Code of Conduct – Members of Council 1. 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. 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. 2.1 Gifts and Benefits 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 to the performance of the member’s duties, is deemed to be a gift or benefit to that member. 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 more of the exceptions listed below. Page 3 of 6 Office Consolidation of By-Law 2009-163 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 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; (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 a member, subject to the limitations set out in 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 this provision, a lobbyist is an individual, organization or business who or that: (a) lobbies, or causes the lobbying of, any public office holder of the municipality, the municipal council or corporation, or a local board; Page 4 of 6 Office Consolidation of By-Law 2009-163 (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 Municipal Clerk. 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 Municipal Clerk 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 Municipal Clerk makes such a determination, he or she shall call upon the member to justify receipt of the gift or benefit. Should the Municipal Clerk 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. 2.2 No Improper Use of Influence 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. Page 5 of 6 Office Consolidation of By-Law 2009-163 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 member, 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 a member of Council from requesting that Council grant a lawful exemption from a policy. 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. Page 6 of 6