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Report To: Council
Date of Meeting: June 20, 2022 Report Number: LGS-013-22
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO
File Number:
Resolution#: C-148-22
By-law Number: 22-039
Report Subject: Appointment of Integrity Commissioner
Recommendations:
1.That Report LGS-013-22, and any related delegations or communication items, be
received;
2.That the Municipality of Clarington appoint Principles Integrity as Integrity
Commissioner for the Term of Council (2022-2026) commencing November 15,
2022, subject to the Council of the Regional Municipality of Durham approving and
authorizing the appointment of Principles Integrity in accordance with s. 223.3(1) of
the Municipal Act, as the Regional Municipality of Durham’s Inte grity Commissioner,
with the option to renew for an additional Council term;
3.That authority is granted to the Deputy CAO/Solicitor to execute an agreement with
Principles Integrity for provision of Integrity Commissioner services for the Term of
Council (2022-2026) to implement the provisions of Report LGS-013-22;
4.That the by-law (Attachment 1 to Report LGS-013-22), confirming the appointment
of Principles Integrity, as Integrity Commissioner, with an effective date of the by-law
being the later of the date of passage OR the date which Council of the Regional
Municipality of Durham has appointed Principles Integrity as the Regional
Municipality of Durham’s Integrity Commissioner (as determined and affected by the
Municipal Clerk), be approved;
5.That Staff be directed to update Clarington’s Accountability and Transparency
webpage, following Principles Integrity’s appointment coming into effect ; and
6.That all interested parties listed in Report LGS-013-22, and any delegations, be
notified of Council’s decision.
Municipality of Clarington Page 2
Report LGS-013-22
Report Overview
The purpose of this report is to provide information for Council to appoint an Integrity
Commissioner for the Municipality of Clarington.
1. Background
Authority to Appoint an Integrity Commissioner
1.1 The Council Code of Conduct helps to ensure that Members of Council engage and
debate using acceptable conduct. These standards should serve to enhance public
confidence that the Municipality’s elected representatives conduct Council Business in a
civil and courteous manner.
1.2 Clarington’s first Code of Conduct was established by By-law 2009-163.
1.3 By-law 2017-020, as amended, establishes the current Clarington Code of Conduct.
1.4 Subsection 223.3 (1) of the Municipal Act, 2001, as amended, grants the authority to
municipalities to appoint an Integrity Commissioner who would “report to council and
who is responsible for performing in an independent manner the funct ions assigned by
the municipality with respect to,
(a) the application of the code of conduct for members of council and the code of
conduct for members of local boards or of either of them; and
(b) the application of any procedures, rules and policies of the municipality and
local boards governing the ethical behaviour of members of council and of local
boards or of either of them; or
(c) both of clauses (a) and (b).
Previous Agreement
1.5 Arising out of Report CLD-003-17, Clarington joined the retainer agreement with the
Region and appointed Guy Giorno, Fasken, to provide Integrity Commissioner services
on the payment of an annual retainer and hourly fee for service basis. Guy Giorno was
appointed by By-law 2017-019.
1.6 The current agreement expires with the end of the current term of Council, November
14, 2022.
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Report LGS-013-22
1.7 Although the process was a Request for Proposal (RFP) in 2017, the Region chose a
“selection process” in 2022, following the Region’s Consultant and Professional
Services Contracting Procedure. Invitations to enter into a consulting and professional
services contract with the Region were sent to six individuals/firms. Three proposals
were received and evaluated by Regional Staff. Respondents also participated in the
presentation, and interview sessions, which were evaluated by the same team, with the
addition of the Clerks from Oshawa, Pickering, and Whitby.
1.8 Similar to the previous agreement, Durham's lower-tier municipalities were offered the
opportunity to “piggyback” on the Region’s agreement in 2022, which will result in
individual agreements with the municipalities and the Integrity Commissioner.
Integrity Commissioner Responsibilities
1.9 The Integrity Commissioner shall have the following responsibilities outlined under
subsection 223.3 of the Municipal Act:
1. The application of the code of conduct for members of council and the code of
conduct for members of local boards.
2. The application of any procedures, rules and policies of the municipality and local
boards governing the ethical behaviour of members of council and of local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to
members of council and of local boards.
4. Requests from members of council and of local boards for advice respecting their
obligations under the code of conduct applicable to the member.
5. Requests from members of council and of local boards for advice respecting their
obligations under a procedure, rule, or policy of the municipality or of the local board,
as the case may be, governing the ethical behaviour of members.
6. Requests from members of council and of local boards for advice respecting their
obligations under the Municipal Conflict of Interest Act.
7. The provision of educational information to members of council, members of local
boards, the municipality, and the public about the municipality’s codes of conduct for
members of council and members of local boards and about the Municipal Conflict of
Interest Act.
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Report LGS-013-22
1.10 As part of the reporting process, the Integrity Commissioner may recommend that
Council impose penalties in accordance with the Municipal A ct, 2001 if, in the opinion of
the Integrity Commissioner, a Member of Council has contravened the Code of
Conduct.
1.11 The volume of calls/complaints cannot be predicted. There was one inquiry in 2018 and
one inquiry in 2022, with several requests for opinion throughout the years.
Complaint Process and Reporting Relationship
1.12 Clarington’s Complaint Procedures detail the steps for receipt, investigation, and
resolution of complaints pursuant to the Code of Conduct. These procedures are
contained in Appendix A to the Council Code of Conduct.
2. Discussion
Region’s Appointment
2.1 The process to secure integrity commissioner services for the next term of Council
followed the Region’s Consultant and Professional Services Contracting Procedure.
2.2 The appointment of an Integrity Commissioner was a coordinated effort between the
Region of Durham and the local municipalities. Appointing the same Integrity
Commissioner as the Region allows the Region and Municipality to undertake
coordinated efforts to review the Council Codes of Conduct, and for the Mayor and
Regional Councillors to seek advice from one source for matters that may come before
both lower-tier and Regional Council.
2.3 Invitations to enter into a consulting and professional services contract with the Region
and local municipalities were forwarded to six individuals/firms. Three proposals were
received and evaluated by the Region. Respondents also participated in presentation
and interview sessions which were evaluated by the Region, with the addition of the
Clerks from Oshawa, Pickering, and Whitby.
2.4 Based on the technical presentation, demonstration , and financial evaluation of the
compliant bid proposals submitted to the Region of Durham, Principles Integrity
achieved the highest combined score and was recommended for award. The Region
considered a Report #2022-A-19 at their June 14, 2022, Finance and Administration
Committee meeting.
Municipality of Clarington Page 5
Report LGS-013-22
2.5 Although Clarington staff were not involved in the selection (but did provide input into
terms of reference documents) of the particular proponent, several Area Clerks and
Region Staff were part of the selection process and therefore Clarington Staff are
confident in the procurement process undertaken by the Region of Durham and
therefore recommend that Council appoint Principles Integrity as Integrity Commissioner
for the Municipality of Clarington for the term ending November 14, 2026.
Principles Integrity
2.6 Established in early 2017, Principles Integrity is a partnership operated by its principals
Jeffrey Abrams and Janice Atwood-Petkovski, experienced municipal leaders, with over
35 years of experience each working for municipalities in the fields of municipal law and
governance, and now as integrity commissioners. Ms. Atwood-Petkovski previously
worked as City Solicitor for two large GTHA municipalities and Mr. Abrams as a
municipal solicitor and Clerk in the GTA.
2.7 Through its submission to the Region, Principals Integrity summarized its mandate as
integrity commissioner as follows:
“The emphasis of our firm is to help public bodies enhance their ethical
foundations through the drafting of effective codes of conduct and other po licies
governing ethical behaviour, through the provision of meaningful education
related to such policies, providing pragmatic binding advice to elected officials
seeking clarification on ethical issues and governance issues, and by seeking to
resolve matters when allegations of transgression are made. Where appropriate
and necessary, formal investigations are conducted under the tenets of
procedural fairness, with a keen focus on what best serves the public interest.
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Report LGS-013-22
We exercise our authority in a manner that promotes good governance and
effective, ethical solutions. When responding to a complaint, we exercise
restraint and apply a solutions oriented perspective, favouring teaching
opportunities over sanctions. We have substantial expertise in the application of
the Municipal Conflict of Interest Act and have compiled an effective codification
of statutory and common law that assists elected officials in avoiding both real
and apparent conflicts of interest while enabling them to carry out the duties for
which they were elected.”
3. Financial Implications
3.1 The budget for the Integrity Commissioner is part of the “Administration -Professional
Fees” account for Legislative Services, which has $20,000 budgeted for 2022. Exact
costs incurred on an annual basis depend on frequency of requests for advice and
number of investigations undertaken.
3.2 The costs are expected to be $1,250 for the annual retainer fee (previously paid by the
Region of Durham). There is another “block fee” of $1,750 for full day (half-day rates
may be applied where applicable) attendance, including preparation, at any meeting of
Council or local board for the purpose of conducting training or education. It is
anticipated that the Integrity Commissioner will be called upon to provide at least on e
educational session. For the performance of the remaining duties, the hourly rate is
$275/hour, to be billed monthly, mileage is extra.
4. Timing
4.1 As a result of the timing of the Region’s recommendation report, this report is coming
directly to Clarington Council rather than going to General Government Committee first.
4.2 The attached draft By-law (Attachment 1) to appoint the Integrity Commissioner is
based on the Region’s draft appointment by-law and is very similar to the 2017 by-law.
It is important to note that the effective date of the appointment by-law is recommended
to be the later of the date of passing or the date the Region appoints Principles Integrity.
4.3 The current Integrity Commissioner Agreement expires on November 14, 2022. If no
Integrity Commissioner is appointed, as per s. 223.3(1.1), “if a municipality has not
appointed a Commissioner under subsection (1), the municipality shall make
arrangements for all of the responsibilities set out in that subsection to be provided by a
Commissioner of another municipality.”
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Report LGS-013-22
4.4 If Clarington Council chooses not to appoint an Integrity Commissioner prior to
November 14, 2022, Staff recommend the following resolution:
That Clarington Council delegate the authority to appoint Clarington’s Integrity
Commissioner, subject to the Council of the Regional Municipality of Durham
approving and authorizing the appointment of Principles Integrity in accordance
with s. 223.3(1) of the Municipal Act, as the Regional Municipality of Durham’s
Integrity Commissioner, and subject to the satisfaction of the Deputy
CAO/Solicitor, for the Term of Council commencing November 15, 2022, and
ending November 14, 2026.
5. Concurrence
The Deputy CAO/Treasurer concurs with the recommendations.
6. Conclusion
It is respectfully recommended that Principles Integrity be appointed as Integrity
Commissioner for the Municipality of Clarington for the term ending November 14, 2026,
subject to the Region appointing same and that the appropriate by-law be brought
forward by Staff.
Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 or
jgallagher@clarington.net.
Attachments:
Attachment 1 – By-law to Appoint an Integrity Commissioner
Interested Parties:
The following is the list of the interested parties to be notified of Council’s decision:
Alexander Harras, Regional Clerk/Director of Legislative Services, Region of Durham
Guy Giorno, Fasken
Principles Integrity
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The Corporation of the Municipality of Clarington
By-law 2022-XXX
Being a by-law to appoint an Integrity Commissioner for the
Municipality of Clarington.
Whereas pursuant to Part V.1 of the Municipal Act 2001 S.O. c. 25, a municipality is
authorized to appoint an Integrity Commissioner who reports to Council and who is
responsible for performing, in an independent manner, the functions assigned by the
municipality;
And Whereas Sections 223.4 to 223.8 of the Municipal Act, 2001 provide that an
Integrity Commissioner has certain powers and protections during investigations;
And Whereas the Municipality of Clarington Council has established a Code of Conduct
for Members of Council;
And Whereas the Municipality of Clarington deems it necessary to appoint an Integrity
Commissioner to administer the Code of Conduct;
Now therefore the Council of the Municipality of Clarington enacts as follows :
1. That the Deputy CAO/Solicitor be authorized to execute, on behalf of the
Municipality of Clarington, an agreement to appoint Principles Integrity as
Clarington’s Integrity Commissioner and also to provide the required services for
Clarington’s Integrity Commissioner on such terms and conditions as were
presented in the Regional of Durham’s report on the Integrity Commissioner
selection process, and such other terms and conditions as may be required and
approved by the Manager of Purchasing to give effect to the Agreement.
2. That Principles Integrity be appointed for a term from the date of November 15,
2022, to the end of the term of Clarington Council, November 14, 2026.
By-law 2022-xxx
Page 1 of 2
3. That By-law 2017-019, appointing the previous Integrity Commissioner, be
repealed effective November 14, 2026.
4. That the services to be provided by Principles Integrity shall include the services
enumerated in subsection 223.3(1) of the Municipal Act, 2001.:
Passed in Open Council this XX day of MMMM, 2022.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk