Council Code of Conduct Consultations 2018 Association of Manitoba Municipalities June District Meetings June 7 – 22, 2018
Introduction Training & Awareness Standards & Values Complaints What we’ve heard Sanctions & Penalties Appeal Process Next Steps • 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 #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.” • 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.”
Introduction Training & Awareness Standards & Values Complaints Sanctions & Penalties Agenda Appeal Process Next Steps • 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
Introduction Training & Awareness Standards & Values Complaints Objectives 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 • Obtain your feedback on the matters that an effective council code of conduct should address
Introduction Training & Awareness Standards & Values Complaints Scope Sanctions & Penalties Appeal Process Next Steps • Complex and multi-faceted issues • Council member code of conduct: – Acceptable behaviour for council members in dealing with each other, employees and citizens
Introduction Training & Awareness Standards & Values Complaints Council Code of Conduct Sanctions & Penalties Appeal Process Next Steps • 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
Introduction Training & Awareness Standards & Values Council Code of Conduct – Complaints Sanctions & Penalties Appeal Process Tem plate Next Steps • 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
Introduction Training & Awareness Standards & Values Complaints Sanctions & Penalties Training and Awareness Appeal Process Next Steps • 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
Introduction Training & Awareness Standards & Values Complaints Training and Awareness Sanctions & Penalties Appeal Process – we want to know… Next Steps • Should it be mandatory for all council members to participate in a professional development program on municipal ethics and good conduct?
Introduction Training & Awareness Standards & Values Complaints Sanctions & Penalties Defined Standards and Values Appeal Process Next Steps • 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
Introduction Training & Awareness Standards & Values Defined Standards and Values Complaints Sanctions & Penalties Appeal Process – we want to know… Next Steps • Should the Province define the specific standards and values that must be addressed in a council code of conduct? • What matters should be included?
Introduction Training & Awareness Standards & Values Process for Dealing with Complaints Sanctions & Penalties Appeal Process Com plaints Next Steps • 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
Introduction Training & Awareness Process for Dealing with Standards & Values Complaints Com plaints – we want to know… Sanctions & Penalties Appeal Process Next Steps • 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?
Introduction Training & Awareness Standards & Values Complaints Sanctions & Penalties Sanctions / Penalties - MB Appeal Process Next Steps • 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
Introduction Training & Awareness Standards & Values Sanctions / Penalties Complaints Sanctions & Penalties – other Jurisdictions Appeal Process Next Steps • 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
Introduction Training & Awareness Standards & Values Sanctions / Penalties Complaints Sanctions & Penalties Appeal Process – we want to know… Next Steps • 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?
Introduction Training & Awareness Standards & Values Complaints Appeal Process Sanctions & Penalties Appeal Process Next Steps • 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)
Introduction Training & Awareness Standards & Values Appeal Process Complaints Sanctions & Penalties Appeal Process – we want to know… Next Steps • Should the council member have access to an appeal process? • How should an appeal be processed and who should be processing the appeal?
Introduction Training & Awareness Standards & Values Complaints Sanctions & Penalties Council Code of Conduct Appeal Process Next Steps Are there any other matters that should be addressed or any other changes you would suggest?
Introduction Training & Awareness Standards & Values Complaints Next Steps Sanctions & Penalties Appeal Process Next Steps • Submit your questionnaire by July 31 • Consultations at the MMAA in September • Feedback will be reviewed with the AMM and MMAA • Results presented at the AMM Convention in November • Detailed feedback to be sought on potential legislative changes in Fall 2018
Questions/ Com m ents Phone: (204) 945-2572 Email: provimunicsupportserv@gov.mb.ca
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