After much debate, Erin will retain a councillor code of ethics and keep its integrity commissioner.
In a 3-1 vote, Jeff Duncan was the only councillor in opposition of the motion at the April 7 meeting.
During last fall’s municipal election campaign, Duncan spoke in favour of ditching the code of ethics after at least eight code complaints were launched against Erin councillors – the majority filed by then-mayor Lou Maieron and all of them dismissed – leading up to the Oct. 27 election.
Council heard last week from town integrity commissioner Robert Williams, who outlined a number of proposed amendments to the code.
Williams said municipal councils were given the responsibility to create their own ethics codes in 2006 but last December Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, was passed at Queen’s Park.
One of the provisions of the act is that municipal councils fall under the auspices of the Ontario ombudsman’s office, meaning constituents can file ethical complaints about municipal councils with the ombudsman.
Though the bill was passed in the Ontario Legislative Assembly it has yet to be proclaimed and is not yet in effect.
Williams said if Erin council chooses to rescind its code there would essentially be no ethical standard for the town until the bill is proclaimed – and even at that time it is unclear what the standard would be.
“(Town residents) would not have their own process to ensure that their elected officials act fairly and ethically in the performance of their duties,” Williams said. “We would basically be transferring all that outside the town to rules that are developed elsewhere.”
The commissioner also said if the code is removed there won’t be a standard for the ombudsman to enforce because it is a municipal responsibility and has been since 2006.
“The province doesn’t have the power to develop municipal codes of conduct, nor does this bill give that power to the ombudsman,” he said at the meeting. “There is, in effect, no rules.”
Also, if council’s code is removed “it will send the message that there are expectations for staff but not for elected officials,” William’s wrote in his report.
Furthermore, Williams said that the ombudsman may not be able to address municipal complaints in a timely manner because of other responsibilities and limited staff. Whereas currently, Erin councillors can seek the advice of the integrity commissioner at any time.
“It’s one of the provisions that is already in your code; any member of council can approach the integrity commissioner for advice on the code and potential violations,” Williams said.
“This is done at no cost under my retainer.”
If the town rescinds the code the integrity councillors may have to seek outside legal advice.
Williams said having a code of ethics doesn’t mean the town will be exempt from involvement with the ombudsman, but it does mean that the town will have a defensible principle that they can use when addressing the office.
Councillor Rob Smith clarified that as of now, there is no appeal process beyond the integrity commissioner and Bill 8 may provide a vehicle for appeals.
Councillor John Brennan voiced concern about the application of the code.
“The penalties, basically, at this level of government with the pay structure that we have are essentially meaningless,” Brennan said.
“My own personal feeling is that yes this is a wonderful standard for us to say ‘this is what we aspire to,’ it’s the rest of it, the mechanics of it, that I have a big problem with.”
Williams responded the suspension of pay for a certain period of time is the extreme penalty and ideally, the integrity commissioner will be able to address complaints before they get to that point.
He told councillors, “You can look your residents in the eye and [say] this is what I’m expected to do and if I don’t do that, tell me. Let me know that I’ve moved in a direction that you find unacceptable.”
The commissioner also made recommendations for additions and amendments to the town’s current code.
Additions include:
– a new section for reprisals and obstructions (reprisal or threat of reprisal against a complaint or anyone providing relevant information to the integrity commissioner is prohibited and obstruction of the work of the integrity commissioner will be seen as a violation of the code);
– the public can ask the CAO to contact the integrity commissioner if they need clarification on the code;
– no complaint will be accepted by the integrity commissioner against a council member who is running for office during the election year between May 31 and the date of the inaugural meeting of the new council;
– any complaints the integrity commissioner finds to be malicious, frivolous, vexatious or has no basis on fact, will require the complainant to reimburse the town for the cost of the integrity commissioner’s services;
– councillors must have 10 days notice of their violation of the code before the integrity commissioner issues a report. Within the ten day period the member will have the opportunity to respond to the integrity commissioner in writing; and
– a new complaint form and affidavit template page.
Proposed amendments to the code of ethics include:
– councillors will consult only with the integrity commissioner for clarification (in the past they could also consult with the CAO/town manager);
– two copies of the complaint form will need to be filed in separate sealed envelopes with the CAO/town manger in person; an affidavit will also be required; and
– the CAO/town manager will forward one sealed copy of the complaint form and supporting documentation to the integrity commissioner, and keep the second sealed envelope.
All councillors except for Duncan were comfortable with the revisions and the motion passed to keep the code of ethics and accept the amendments and additions.
“During the last election campaign the main thing I saw from the code of ethics and its use was that it was used for personal and petty kind of political things and it just really gave more of an avenue for that and I think by not having it, if somebody has a legitimate concern, either criminally or civilly, then people can go to court,” Duncan told the Advertiser after the meeting.
“You can just go through the criminal process and go to court and when you’re in court both sides get the full judicial normal system.”
However, Duncan did say he was more comfortable now that the amendments have been made to the code.
