Integrity Commissioner
Council's Code of Conduct Purpose and Intent
Holding an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council are held to a high standard as leaders of the community, and are expected to carry out their duties in a fair, impartial, transparent and professional manner. It is expected that members of Council become well informed on all aspects of municipal governance, administration, planning and operations. Maintaining a high quality of public administration and governance can be achieved in part by encouraging high standards of conduct on the part of Township officials.
The Township of Oro-Medonte adopted a Council Code of Conduct effective March 1, 2019. The purpose and intent of the Council Code of Conduct is to establish standards of conduct for Members of Council, Local Boards and Committee Members pertaining to the individual conduct of their official duties.
A written Code of Conduct helps to ensure that members of Council share a common basis of acceptable conduct. These standards are designed to supplement the legislative parameters within which the members must operate. These standards are intended to enhance public confidence ensuring that Township of Oro-Medonte elected officials operate from a basis of integrity, justice and courtesy.
The Township of Oro-Medonte Code of Conduct regulates a wide range of conduct by elected and appointed officials including:
- conflict of interest and improper use of influence;
- conduct at meetings;
- acceptance of gifts;
- expenses;
- use of Township property, services and other resources;
- conduct of a political nature;
- discreditable conduct;
- public input; and
- professional development.
Role and Responsibility of the Integrity Commissioner
The Council Code of Conduct is administered by the Township’s Integrity Commissioner. An Integrity Commissioner is independent and impartial, reporting directly to Council with a role including:
- the application of the Code of Conduct for members of Council and the Code of Conduct for members of local boards;
- 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;
- 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;
- requests from members of Council and of local boards for advice respecting their obligations under the Code of Conduct applicable to the member;
- requests from members of Council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members;
- requests from members of Council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act; and
- 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.
The core functions of an Integrity Commissioner are set out in the Municipal Act, 2001, as amended, section 223.3.
Complaint Process
Any person may file a complaint regarding the conduct of a member of Council. Following are the steps undertaken when a complaint is filed.
- A request for an investigation of a complaint that a member has contravened the Code of Conduct (the “complaint”) shall be sent directly to the Integrity Commissioner by E-mail substantially in the form attached to this Protocol as Schedule “A”.
- All complaints shall be submitted by an identifiable individual (which includes the authorized signing officer of an organization). A complaint shall set out reasonable and probable grounds for the allegation that the member has contravened the Code.
- The complaint should include the name of the member, the provision of the Code allegedly contravened, facts constituting the alleged contravention, the names and contact information of witnesses, and contact information for the complainant during normal business hours.
- Upon receipt of the request, the Integrity Commissioner shall make an initial classification to determine if the matter is, on its face, a complaint with respect to non-compliance with the Code and not covered by other legislation, a complaint with respect to the Municipal Conflict of Interest Act or other relevant Council policies.
- If the complaint, on its face, is not a complaint with respect to non-compliance with the Code or another Council policy governing ethical behaviour or the Municipal Conflict of Interest Act, or if the complaint is covered by other legislation, the Integrity Commissioner shall advise the complainant in writing.
- The Integrity Commissioner may investigate the complaint(s), make findings, and report to Council on breaches, or potential breaches, of this Code. The Integrity Commissioner will also recommend to Council what the appropriate consequences of the breach may be.
- Where the Integrity Commissioner appointed for the municipality cannot, or will not, make a determination regarding a complaint, Council may pass a resolution requesting the Ontario Superior Court of Justice to conduct an investigation of the member's conduct under Section 274(1) of the Municipal Act, 2001 as amended.
- Should it be determined that a breach has occurred; the consequences contained in this policy shall be considered along with all other penalties provided for in other acts of the legislature.
- All complaints containing allegation s of corruption or other criminal conduct will be referred to the police.
- The Integrity Commissioner shall conduct the investigation in accordance with the principles as set out in the Public Inquiries Act.
- In conducting the investigation, the Integrity Commissioner must maintain records of information gathered and witnesses interviewed.
- Investigations are to be conducted in private, and all information is to be treated as confidential.
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