Council 02-003 Policy on Confidentiality & Non Disclosure
Richmond, Nova Scotia
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MUNICIPALITY OF THE COUNTY OF RICHMOND
POLICY
POLICY NAME:
POLICY ON CONFIDENTIALITY AND NON-DISCLOSURE
APPROVAL DATE:
OCTOBER 10, 2000
The f ollowl"9 policy i1 enacted by Council for th- Municipality of th1 County
of Richmond, pur~uant to Section 23(1 )(b) of the Municipal Gov,mment Act.
This potlcy may be ref erred to aa the CanfldenUallty Poley
WHEREAS the Munlcip1/ Government Act Identifies good
government aa - municipal function and intends to give counc-I
broad authority to govern:
AND WHEREAS council authority unda, the Act includes (at
s. 23( 1 )(b)) the authority to make policle1 regulatlno council' 1 own
proceeding, and preserving order at council meeting,;
AND R!COONIZING parflamenta,y procedure ha1 hlstortcally
recognized the valut to good governance of 'an camera-
delibtr1tlon1 In Committee of the Whole, where freer debate and
more detailed consideration ia pouible:
AND FINDING that productive and meamngfut daliberationa in
Committee ot th- Whole require the p,oceedinQt bt kept
confidential and the content and tone of deliberatJons not be
disclosed outaldt 'tht Comm;ttee nor made public nor oth1rw1&e
disseminated by any of the partJclpant1;
AND TAKING NOTE that the Municipal Government Act t>epresaty
authoftzit Council to meet in closed st11ion t "in camera") to
di1cuu matteft relating to:
fa)
acquisition, sale, 1tue and security of munldpal property;
(b,
setting I minimum price to b- accepted by the munlclpality
at a tax 11le:
(c)
peraonntl mattera;
( d)
labour relations:
(e)
contract negotiation,:
(f)
Qtl91tlon or potential litigation:
(g)
tegal edvic- tUQlblt for 1ollcitor-cnent prlvfleoe;
(h)
pubic MCUrt,y
. 2 .
IT IS THE CONCLUSION OF COUNCIL that it is important and
reasonable, and consistent with the public interest. to stipulate by
way of policy that Members of Council respect and uphold at all
times the confidentiality of -1n camera- deliberations:
1 -
This policy shall apply to each Member and former Member of Council in
respect of -in camera" deliberations in which that Member participated.
2.
This policy shall apply in respect of "in camera deliberations" which 1hat1
be understood to include Committee of the Whole meetings and
deliberations and other "In camera" deliberations and meetings of Counctt,
whether fully attended or not.
3.
Members of Council shall adhere to and uphold the confidentiality of -in
camera- deliberations.
4.
Members of Council shall respect the principle of non-diacloswe in
reapect to -1n camera" deliberations.
5.
No Member of Council shall disclose to ony person, other than another
Member of Council, the s_ubjeet, content or tone of any -in camera-
deliberations. unless and except under order of a Court to do so.
6.
Every Member of Council who is or becomes aware of the breach of this
policy by any other Member or Me,mbers shall report 1am1 to the
Committee of the Whole forthwith, and- Meeting of the Committee of
the Whole shall be convened it necessary to address the breach withOU1
delay.
7.
Any Member alleged by another Member to have breached thia policy
shall be given an opportunity to respond to the allegation within the
Committee of the Whole.
8.
Where the Member is found by the other Members in Committee of the
Whole to have committed the breach, that Member shall be required to
leave the room while those remaining determine the appropriate course
of action.
·.' -.
9.
Council may decida, by majoritV ln Committee of the Whole, to \ssua a
vorbal or written reprimand to the Member.
1 O.
Where ,t is found that a Member has breached this policy, Councll may,
by resolution find the breach to constitute a malfeaaanc,, breaoh of tru,t
or mlaconduct by the Member for tn& purposes of applying Section 1 2 of
the Municlpol Conflict ol lnter9st Act.
, 1.
Council may thereafter, and by resolution, ask the Attorney General to
appoint an individual to conduct an inquiry into the breach by the
Membar.
(