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TOY 76 - Code of Conduct for Elected Officials Policy
Town of Yarmouth
CODE OF CONDUCT FOR ELECTED
OFFICIALS POLICY
Effective: December 12th, 2024
TOY 76
1.0
Title
The title of this code of conduct is the Code of Conduct for Elected officials of the Town of
Yarmouth
2.0
Definitions
In this code, the following definitions apply:
a. "Act" means the Municipal Government Act;
b. "CAO" means chief administrative officer;
c. "clerk" means the clerk of the municipality;
d. "closely connected" to a council member, means any of the following:
i.
a family member of the council member,
ii.
an agent of the council member,
iii.
a business partner of the council member,
iv.
an employer of the council member;
e. "Code" means the Code of Conduct for Elected Officials of the Town of Yarmouth;
f. "complaint" means a complaint regarding an alleged breach of the Code;
g. "confidential information" includes any information in the possession of the municipality
that the municipality is prohibited from disclosing pursuant to legislation, court order or
by contract, or is required to refuse to disclose under Part XX of the Act or other
legislation, or that pertains to the business of the municipality and is generally considered
to be of a confidential nature, including information about any of the following:
i.
the security of the municipality's property,
ii.
a proposed or pending acquisition or disposition of land or other property,
iii.
a tender that has or will be issued but that has not been awarded,
iv.
contract negotiations,
v.
employment and labour relations,
vi.
draft documents and legal instruments, including reports, policies, bylaws and
resolutions, that have not been deliberated in a meeting open to the public,
vii.
law enforcement matters,
viii.
litigation or potential litigation, including matters before administrative tribunals,
ix.
advice that [is] solicitor-client privileged;
h. "council" means the council of the municipality;
i.
"discrimination" has the same meaning as in the Human Rights Act;
TOY 76 - Code of Conduct for Elected Officials Policy
j.
"elected official" means any council member, including the mayor or warden;
k. "family member" means, in relation to a person, any of the following, and includes a step-
family member:
i.
spouse,
ii.
parent or guardian,
iii.
child,
iv.
sibling,
v.
sibling of a parent,
vi.
child of a sibling,
vii.
grandchild,
viii.
grandparent,
ix.
parent-in-law,
x.
sibling-in-law,
xi.
spouse of a child;
l.
"harass" has the same meaning as in the Human Rights Act;
m. "investigator" means a person or entity appointed by a municipality under subsection
23C(1) of the Act to receive and investigate complaints;
n. "mayor" means the council member elected at large to be the chair of the council;
o. "municipality" means the regional municipality, town or county or district municipality,
except where the context otherwise requires;
p. "poisoned environment" means an environment where harassing or discriminatory
conduct causes significant and unreasonable interference with a person's work
environment;
q. "sexual harassment" has the same meaning as in the Human Rights Act;
r. "warden" means the council member chosen by the council to be the chair of the council.
3.0
General Purpose
3.1
The purpose of this Code is to set out the expectations for the behaviour of members elected to
council in carrying out their functions and making decisions that benefit the constituents in their
municipality.
3.2
Nothing in this Code is intended to prevent elected officials from sharing or expressing dissenting
opinions.
4.0
Interaction with Laws and Policies
4.1
This Code is intended to operate together with, and as a supplement to, the applicable common
law, the Criminal Code of Canada, the Act, the Municipal Conflict of Interest Act and any other
applicable legislation.
4.2
This Code is intended to operate together with, and as a supplement to, the other bylaws and
policies of a municipality.
TOY 76 - Code of Conduct for Elected Officials Policy
4.3
This Code prevails in any conflict between the Code and any municipal resolution, policy or bylaw.
5.0
Guiding Principles
All of the following are the guiding principles for council members' conduct:
Collegiality: council members must work together to further the best interests of the municipality
in an honest and honourable way.
Respect: council members must demonstrate respect towards one another, the democratic
decision-making process and the role of staff. Council members must not act in a manner that
negatively impacts the municipality or tarnishes the municipality's reputation.
Integrity: council members must act lawfully and adhere to strong ethical principles by prioritizing
the municipality's interests over individual interests.
Professionalism: council members must create and maintain an environment that is respectful
and free from all forms of discrimination and harassment, including sexual harassment. Council
members must show consideration for every person's values, beliefs and contributions, and
support and encourage others to participate in council activities.
Transparency: council members must be truthful and open about their decisions and actions and
make every effort to accurately communicate information openly to the public.
Responsibility: council members are responsible for the decisions that they make and must be
held accountable for their actions and outcomes. Council members must demonstrate awareness
of their own conduct and consider how their words or actions may be perceived as offensive or
demeaning.
6.0
General Conduct
6.1
A council member must be truthful and forthright and not deceive or knowingly mislead Council,
the CAO, staff or the public.
6.2
A council member must show respect for chairs of council meetings, chairs of committee
meetings, colleagues, staff and members of the public that present during council meetings or
other meetings of the municipality.
6.3
A council member must adhere to the direction of the chairs of meetings with respect to rules of
procedure.
6.4
A council member must conduct council business and all duties in an open and transparent
manner, other than for those matters that council is authorized by law to carry out in private.
6.5
A council member must not be impaired by alcohol or drugs while attending any council meeting
or other meeting of the municipality.
TOY 76 - Code of Conduct for Elected Officials Policy
6.6
A council member must comply with any sanction imposed under this Code, and failing to comply
with a sanction imposed is considered a breach of the Code.
7.0
Confidential Information
7.1
A council member must not disclose or release any confidential information to the public in oral,
written or any other form, other than when required by policy or law or authorized by the council
to do so.
7.2
A council member must not use confidential information for personal or private gain or for the
private gain of any other person or entity.
7.3
A council member must not access or attempt to access confidential information in the custody
of the municipality unless the information is necessary for the performance of their duties and its
access is not prohibited by legislation or by the bylaws or policies of the municipality.
7.4
A council member must not discuss any matters relating to an active investigation under the Code
with anyone other than the investigator or their own legal counsel, unless required by law.
8.0
Gifts and Benefits
8.1
A council member must not accept a fee, advance, cash, gift, gift certificate or personal benefit
that is connected directly or indirectly with the performance of their duties of office, other than
the following exceptions:
a. gifts or benefits that normally accompany the responsibilities of office and are received
as an incident of protocol or social obligation;
b. a suitable memento of a function honouring the council member;
c. sponsorships and donations for community events organized or run by a council member
or by a third party on behalf of a council member;
d. compensation authorized by the municipality.
8.2
A fee, advance, cash, gift, gift certificate or personal benefit paid or provided to a person closely
connected to a council member, with the council member's knowledge, is deemed to be a gift to
the council member.
9.0
Use of Municipal Property, Equipment and Services
9.1
A council member must not use, or request the use of, any municipal property, including surplus
material or equipment, for personal convenience or profit, unless the property meets 1 of the
following:
a. it is generally available for use by the public and the council member is receiving no special
preference in its use;
b. it is made available to the council member in the course of carrying out council activities
and duties, and is used for purposes connected with the discharge of municipal duties.
TOY 76 - Code of Conduct for Elected Officials Policy
9.2
A council member must not obtain, or attempt to obtain, personal financial gain from the use or
sale of intellectual property developed by the municipality.
9.3
A council member must not use information, or attempt to use information, gained in the course
of their duties that is not available to the general public for any purposes other than carrying out
their official duties.
9.4
A council member, or a person closely connected to a council member, must not tender on the
sale of surplus municipal property, including old or extra equipment.
10.0
Building, Development, Planning, or Procurement Proposals Before Council
A council member must not solicit or accept support in any form from an individual, group or
corporation with any building, development, planning or procurement proposal before council.
11.0
Improper Use of Influence
A council member must not use the influence of their office for any purpose other than for the
exercise of their official duties.
12.0
Business Relations
12.1
A council member must not allow any prospect of their future employment by a person or entity
to affect the performance of their duties to the municipality.
12.2
A council member must not borrow money from any person who regularly does business with the
municipality, unless the person is an institution or company whose shares are publicly traded and
who is regularly in the business of lending money.
12.3
A council member must not act as an agent of a person or entity before council or a committee
of council or any agency, board or committee of the municipality.
13.0
Employment of Persons Closely Connected to Council Members
13.1
A council member must not attempt to influence any municipal employee to hire or promote a
person closely connected to the member.
13.2
A council member must not make any decision or participate in the process to hire, transfer,
promote, demote, discipline or terminate any person closely connected to the member.
14.0
Fairness
14.1
A council member must not give special consideration, treatment or advantage to any individual
or entity beyond that which is given to all.
TOY 76 - Code of Conduct for Elected Officials Policy
14.2
A council member must not give special consideration, treatment or advantage to an organization
or group because the council member, or a person closely connected to the member, is involved
with the organization or group.
15.0
Adherence to Policies, Procedures, Bylaws and Other Laws
15.1
Council members must adhere to all applicable federal and provincial legislation.
15.2
Council members must adhere to the procedures, resolutions, policies and bylaws of the
municipality.
15.3
Council members must adhere to the expense and hospitality policy of the municipality.
16.0
Respect for Council as a Decision-Making Body
16.1
A council member must abide by, and act in accordance with, any decision made by council,
whether or not the member voted in favour of the decision.
16.2
A council member must not encourage non-compliance with any legislation, regulation, bylaw,
resolution, policy or procedure.
17.0
Communicating on Behalf of Council
17.1
A council member, other than the mayor or warden, must not claim to speak on behalf of council
unless the council member is authorized to do so.
17.2
The mayor, warden or an individual designated by council may speak on behalf of council and
must make every effort to convey the intent of council's decision accurately.
18.0
Interactions of Council with Staff and Service Providers
18.1
A council member must respect the role of the CAO as head of the administrative branch of the
municipality's government and must not involve themselves directly in the administration of the
affairs of the municipality, including, without limitation, the administration of contracts.
18.2
A council member must not direct, or attempt to direct, the CAO or clerk other than through a
direction provided by the council as a whole.
18.3
A council member must be respectful of the role of the CAO and municipal employees to advise
based on political neutrality and objectivity and without undue influence from any individual
member or group of the council.
18.4
A council member must not direct or influence, or attempt to direct or influence any municipal
employees in the exercise of their duties or functions, unless council is fulfilling the responsibilities
of the CAO under clause 29(a) of the Act, and unless council as a whole has provided direction
regarding [the] same.
TOY 76 - Code of Conduct for Elected Officials Policy
18.5
If a CAO has been appointed under Section 28 of the Act, a council member must not direct
municipal employees except through the CAO.
18.6
Contractors, tenderers, consultants or other service providers to the municipality must not be
issued instructions by council members
a. if a CAO has been appointed under Section 28 of the Act; or
b. unless council is fulfilling the responsibilities of the CAO under clause 29(a) of the Act and
council as a whole has provided direction regarding [the] same.
18.7
A council member must not require or request that a municipal employee undertake personal
chores or tasks for the member that are unrelated to municipal business.
18.8
A council member must not make public statements that are critical of specific or identifiable
municipal employees or service providers.
19.0
Respectful Interactions
19.1
A council member must not engage in discrimination or harassment as prohibited by the Human
Rights Act.
19.2
A council member must not sexually harass any person.
19.3
A council member must not engage in any discriminatory or harassing action or conduct, verbal
or non-verbal, directed at 1 or more individuals or groups that creates a poisoned environment.
20.0
Reprisals
A council member must not undertake any act of reprisal or threaten reprisal against a
complainant in a matter under this Code or any person providing relevant information in relation
to a matter under this Code.
Clerk's Annotation for Official Policy Book
Date of Adoption: December 12th, 2024
I certify that this 'Code of Conduct for Elected Officials Policy' was adopted by Council as indicated
above.
Town Clerk: Date: