The controversy surrounding Toronto Mayor Rob Ford is spilling over into county politics, as councillors consider the appointment of integrity commissioner.
“It may be related to that,” Warden Chris White said of the code of conduct discussions at county council, which were brought on by inquiries from the county’s administration, finance and personnel committee.
“We don’t have a code of conduct and we should consider that,” councillor John Green, chairman of the administration committee, told county council at its Nov. 21 meeting.
Council reviewed a report on the integrity commissioner from director of human resources Andrea Lawson that was included as part of the committee request.
The report will go back to the administration committee for further review before coming back to council in January.
“The county has a code of ethics which has been in place since 2004 and applies to all county staff members,” Lawson said in her report.
“Currently there is no code of conduct policy for council and committee members. The Municipal Act provides that should the municipality wish to appoint an integrity commissioner to investigate complaints made against a member of council, the adoption of a code of conduct is required.”
Lawson provided a draft code of conduct which would apply to council and committee members.
“Once a code of conduct is adopted by a majority of county council, it will become binding on the whole of council,” Lawson reported. “Staff will request each councillor to sign an acknowledgement that it is a policy of council. If desired, staff will schedule a group training session on the code of conduct policy for councillors.”
Councillor Jean Innes raised concern about the wording of the code of conduct and the appointment of an integrity commissioner.
“I see my role on county to represent my constituents. I would feel the document should reflect that we work with staff. They are there to facilitate the workings of the county,” she said. “This document is very inhibiting.”
White replied, “You do have a responsibility to your constituents, but you also have an obligation to the corporation. The intent is to deal with certain issues. We have a staff code of conduct, but for elected officials there is a gap.”
Councillor Gord Tosh said the procedure outlined in the report states issues brought to the attention of the county CAO are then directed to department heads to be resolved.
“There’s reasons for doing this,” Tosh said, referring to a potential problem where a councillor ties up staff time with ongoing inquiries about an issue.
Councillor Ken Chapman also had reservations about the policy.
“There’s too many areas where you can’t do this or that,” Chapman said.
Councillor Lou Maieron, whose municipality of Erin has received a complaint that is being investigated by an integrity commissioner (details have not been made public), said he was also concerned about the policy and the appointment being considered at the county.
Maieron told the Advertiser on Nov. 25 that he has concerns with the investigation process in Erin, which wouldn’t allow him to provide information to the commissioner that he felt was important to the investigation.
“It’s a barrel of sticks in the middle of the room and [if] one guy gets whacked, he’s going to get a bigger stick,” Maieron said of the process proposed at the county.
Lawson, in her report, said a request for an inquiry can be “made by council, a member of council, a member of a local board or a member of the public.”
In the case of a complaint investigation, all parties involved would be required to provide to the commissioner all information related to the complaint.
“Subsection 223.4(4) of the act gives the integrity commissioner free access to all books, accounts, financial records, electronic date processing records, reports, files and all other papers, things or property belonging to or used by the municipality,” Lawson said.
“This has been interpreted to include the requirement that members of council give the integrity commissioner access to records held by the member in that capacity.”
Any reports from the commissioner on an investigation are required to be made public.
“The only penalties specifically allowed by legislation are a reprimand and or suspension of remuneration of the member of up to 90 days,” Lawson said in her report.
“It does not prevent council taking other administrative steps such as to request an apology, or other consequences within council’s existing powers.”
The integrity commissioner can also request a police investigation if the complaint is found to be in contravention with the Criminal Code.
The issue is expected to come before county council in January.
