Council Code of Conduct Consultations 2018 Association of Manitoba - - PowerPoint PPT Presentation

Council Code of Conduct Consultations

2018 Association of Manitoba Municipalities June District Meetings June 7 – 22, 2018

What we’ve heard

• AMM Resolution #26/16:

Amend The Municipal Act to provide municipalities with a more comprehensive process for addressing continuous breaches of the Code of Conduct by a Council member.

• AMM Resolution #05/17:

“…strengthen legislation regarding the prevention, investigation and enforcement mechanisms available to municipalities in response to harassment and bullying in the workplace between elected officials and between elected officials and municipal staff.”

• AMM Resolution #04-2017:

“…strengthen the powers of censuring when a Council member is clearly in contravention of the Municipalities Code of Conduct; and FURTHER BE IT RESOLVED THAT the AMM lobby the Province of Manitoba to allow Code of Conduct complaints to be heard by the Ombudsman who can make further recommendations that can be implemented by a Council resolution.”

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Agenda

• Objectives and Scope
• Current council code of conduct requirements
• Feedback needed on these topics:

– Training and Awareness – Defined Standards and Values – Process for Dealing with Complaints – Sanctions / Penalties – Appeal Process

• Next Steps

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Objectives

• Obtain your feedback on the matters that an

effective council code of conduct should address

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

• Provide an overview of the existing legislative

requirements on council code of conduct

• Provide an overview of other

jurisdictions’ council code of conduct requirements

Scope

• Complex and multi-faceted issues
• Council member code of conduct:

– Acceptable behaviour for council members in dealing with each other, employees and citizens

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Council Code of Conduct

• Since 2012, all municipalities are

required to adopt a code of conduct

– Council has authority to establish and enforce the content of their codes of conduct

• Other provinces are starting to require a

code of conduct: QC (2010), AB, SK, ON.

– Requirements for what the codes must address are prescriptive and more explicit

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Council Code of Conduct – Tem plate

• Principles
• Purpose
• Rules of Conduct

– Respectful Conduct – Respect for Decision-Making Process – Preferential Treatment – Respect for Role of Administration – Election Campaign Work

• Consequences of Misconduct (censure)
• Review and Revision of the Code

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Training and Awareness

• Only QC and ON require training specifically on

ethical and respectful conduct

– QC within 6 months after the beginning of his or her term – ON training delivered by mandatory Integrity Commissioners

• Training imposed as a sanction / penalty

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Training and Awareness – we want to know…

• Should it be mandatory for all council members

to participate in a professional development program on municipal ethics and good conduct?

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Defined Standards and Values

• AB, SK, QC require codes to establish

ethical standards and values, and other topics

• MB and ON do not define in legislation

specific standards and values that a council code of conduct must address

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Defined Standards and Values – we want to know…

• Should the Province define the specific

standards and values that must be addressed in a council code of conduct?

• What matters should be included?

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Process for Dealing with Com plaints

• No jurisdiction prescribes a standard

process for dealing with complaints

• MB and SK – complaints dealt by council
• ON – Integrity Commissioner
• QC – Minister and Commission municipale

du Québec

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Process for Dealing with Com plaints – we want to know…

• Who should be able to make a complaint alleging

a breach of council code of conduct?

• Should the Province prescribe the process by

which complaints are reviewed and evaluated?

• Who should be responsible for reviewing and

evaluating the complaint?

• What is a reasonable timeline to process a

complaint?

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Sanctions / Penalties - MB

• Censure (s. 84.1 of The Municipal Act)
• Sanctions / penalties within municipal authority:
• Removal of a council member from a meeting
• Removal of a council member from membership of a

committee or local board

• Removal as Chair of a committee
• Reduction or suspension of remuneration

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Sanctions / Penalties – other Jurisdictions

• Explicit sanctions / penalties in AB, SK, ON, QC:
• Letter of reprimand
• Removal from a meeting
• Removal from membership of a committee or local board
• Removal as Chair of a committee
• Educational training on ethical and respectful conduct
• Repayment of money/gifts received
• Reduction or suspension of remuneration
• Suspension for up to 90 days (QC)
• No jurisdiction enables a municipality to

remove/disqualify a council member for violating the code

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Sanctions / Penalties – we want to know…

• Who should impose the sanction / penalty if a

council member is found to have breached the code?

• What sanctions / penalties should be

available?

• What sanctions / penalties should be available

for continuous breaches of the code of conduct?

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Appeal Process

• No clear, formal process for a council

member to appeal any imposed sanctions/penalties

• Third-party oversight:

– Integrity Commissioner (ON) – Minister and Commission municipale du Québec (QC)

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Appeal Process – we want to know…

• Should the council member have access

to an appeal process?

• How should an appeal be processed and

who should be processing the appeal?

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Council Code of Conduct

Are there any other matters that should be addressed or any other changes you would suggest?

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

Next Steps

• Submit your questionnaire by July 31
• Consultations at the MMAA in September
• Feedback will be reviewed with the AMM and

MMAA

• Detailed feedback to be sought on potential

legislative changes in Fall 2018

Training & Awareness

Introduction Standards & Values Complaints

Sanctions & Penalties

Appeal Process Next Steps

• Results presented at the AMM

Convention in November

Questions/ Com m ents

Phone: (204) 945-2572 Email: provimunicsupportserv@gov.mb.ca