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RFD- 3361 Bylaws   Item #   9. b.    
Regular Council Meeting Agenda
Meeting Date: 07/16/2018  
Title:    C-1043-18 - Third Reading - Council Code of Conduct Bylaw - Pungur-Buick
Department: Corporate Services  
Strategic Vision Element: This topic relates to all three of the City’s strategic vision elements contained in Council’s Strategic Plan Related Goal:

Information
Request for Decision Summary
The Council Code of Conduct Bylaw has been drafted based on Council's direction and in response to requirements under the Municipal Government Act. The bylaw is intended to further promote transparency and accountability among elected officials.

Proposed Motion
That third reading be given to bylaw C-1043-18, Council Code of Conduct Bylaw, as amended.

Background/Analysis
Recent amendments to the Municipal Government Act, RSA 2000 cM-26 (MGA) included the requirement for a municipal council to establish a code of conduct for councillors by July 23, 2018. The intended outcomes of the code of conduct legislation are that municipally elected officials will conduct themselves in an appropriate manner, that all municipally elected officials within a municipality will be held accountable for their conduct, that councillor misconduct will be dealt with consistently within municipalities, and that code of conduct provisions are appropriately enforced.

The Code of Conduct for Elected Officials Regulation requires a municipality to establish a bylaw that, at minimum, includes the following topics:
               (a)          representing the municipality;
               (b)          communicating on behalf of the municipality;
               (c)           respecting the decision-making process;
               (d)          adherence to policies, procedures and bylaws;
               (e)          respectful interactions with councillors, staff, the public and others;
               (f)           confidential information;
               (g)          conflicts of interest;
               (h)          improper use of influence;
               (i)            use of municipal assets and services; and
               (j)            orientation and other training attendance.

Additionally, the Code of Conduct Bylaw (Code) must:
  1. adopt a complaint system outlining who can make complaints, the method by which complaints can be made, the process to determine a complaint’s validity, and the process to determine how sanctions will be imposed for valid complaints;
  2. incorporate by reference any matter required in the Code that is addressed or included in another bylaw; and
  3. include a provision for the review of the Code and any bylaws incorporated by reference at least once every four years from the date the Code was passed.

The bylaw has been drafted with Council’s direction collected through a discussion guide and Committee of the Whole presentation. It was also reviewed by the Senior Leadership Team.

First and second readings took place on June 25, 2018 and Council noted areas where further clarity would be beneficial. Administration is recommending the following amendments:

Definitions

Municipal Election was added to the definitions as section 1.12.

Complaint Process

Council was provided the discretion to suspend an investigation in progress or choose to not hear a complaint within the 60 days prior to a municipal election. This has been added as section 14.9. This approach is consistent with other municipalities that have fully established processes.

Options/Alternatives
Council may wish to bring forward further amendments and those will need to be considered immediately in order to meet the provincial deadline of July 23, 2018.
Consultation/Engagement
Council, senior administration and other municipalities were consulted during the drafting of the bylaw.
Implementation/Communication
The bylaw will be shared on the City's website once passed by Council.
Impacts
N/A
Attachments
C-1043-18 - Council Code of Conduct Bylaw

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