E T H I C S

Code of Conduct for Elected Officials of Municipal Council in the City of London, January 3, 2006, Source: City Clerk’s Office

18(26A) Appendix to Code of Conduct for Members of Municipal Council

            Purpose:  The purpose and intent of this Policy is to establish guidelines for ethical and   interpersonal standards of conduct for Members of Council.

A.         STANDARDS OF CONDUCT

1.         Members of Council shall at all times seek to advance the common good of the community which they serve. 

2.                  Members of Council shall truly, faithfully and impartially exercise the office to the best of their knowledge and ability.

B.        CONDUCT TO BE OBSERVED

1.                  Foster Respect for Decision-making Process

All Members of Council shall accurately and adequately communicate the attitudes and decisions of the Council, even if they disagree with Council's decision, such that respect for the decision-making processes of Council is fostered.

2.                  Release of Confidential Information Prohibited

Members of Council have a duty to hold in strict confidence all information concerning matters dealt with at in camera meetings.   A Member of Council shall not, either directly or indirectly, release, make public or in any way divulge any such information or any aspect of the in camera deliberations to anyone, unless expressly authorized by Council or required by law to do so. 

Members of Council shall not release information in contravention of the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

Members of Council shall not release information subject to solicitor-client privilege, unless expressly authorized by Council or required by law to do so.

Members of Council shall not misuse confidential information (information that they have knowledge of by virtue of their position as Councillor that is not in the public domain, including e-mails and correspondence from other Members of Council or third parties) such that it may cause detriment to the Corporation, Council or others, or benefit or detriment to themselves or others.

3.                  Release of Information to Public and Media

Members of Council acknowledge that official information related to decisions and resolutions made by Council will normally be communicated to the community and the media by the Council as a whole or the Mayor as Head of Council or by his or her designate.

4.                  Acceptance of Gifts Prohibited

The stipend paid to each Member of Council is intended to fully remunerate Members of Council for service to the Corporation.  Members of Council shall not solicit, accept, offer or agree to accept a commission, reward, gift, advantage or benefit of any kind, personally or through a family member or friend, which is connected directly or indirectly with the performance or duties of office. 

Members of Council are not precluded from accepting:

(a)        personal gifts, benefits, rewards, commissions or advantages from any person or organization not connected directly or indirectly with the performance or duties of office;

(b)        political contributions that are otherwise offered, accepted and reported in accordance with applicable law;

(c)        food and beverages at banquets, receptions, ceremonies or similar events;

(d)        services provided without compensation by persons volunteering their time;

(e)        food, lodging, transportation and entertainment provided by other levels of governments or by other local governments, boards or commissions;

(f)         a reimbursement of reasonable expenses incurred in the performance of duties or office;

(g)        a reimbursement of reasonable expenses incurred and honorariums received in the performance of activities connected with municipal associations;

(h)        token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee, for speaking at an event or representing the Corporation at an event; and

(i)         gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibility of office.

Members of Council shall return any gifts or benefits which exceed these limits, along with an explanation why the gifts or benefits cannot be accepted.

5.                  Engaging in Incompatible Activity Prohibited

Members of Council shall not engage in any activity, financial or otherwise, which is incompatible or inconsistent with the ethical discharge of official duties in the public interest. 

Without limiting the generality of the foregoing, Members of Council shall not:

(a)        use any influence of office for any purpose other than official duties;

(b)        act as an agent before Council or any committee, board or commission of Council;

(c)        solicit, demand or accept the services of any corporate employee, or individual providing services on a contract for service, for re-election purposes during hours in which the employee, or individual providing services under a contract for service, is in the paid employment of the Corporation;

(d)        use any information gained in the execution of office that is not available to the general public for any purpose other than for official            

            duties;

(e)        place themselves in a position of obligation to any person or organization which might reasonably benefit from special consideration or may seek preferential treatment;

(f)         give preferential treatment to any person or organization in which a Member or Members of Council have a financial interest;

(g)        influence any administrative or Council decision or decision-making process involving or affecting any person or organization in which a Member or Members of Council have a financial interest; and

(h)        use Corporate materials, equipment, facilities or employees for personal gain or for any private purpose.

6.                  Avoidance of Waste

Members of Council shall avoid waste, abuse and extravagance in the provision or use of public resources, and shall expose fraud and corruption of which the Member of Council is aware.

C.        INTERPERSONAL BEHAVIOUR OF MEMBERS OF COUNCIL

1.      Treat Every Person with Dignity, Understanding and Respect

Members of Council shall abide by the provisions of the Human Rights Code and, in doing so, shall treat every person, including other Members of Council, corporate employees, individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect for the right to equality and the right to an environment that is safe and free from harassment and discrimination.

2.      Not to Discriminate

In accordance with the Human Rights Code, Members of Council shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability.  "Age", "disability", "family status", "record of offences", "same sex partnership status" shall be as defined in the Human Rights Code.

3.      Not to Engage in Harassment

In accordance with the Human Rights Code, harassment shall mean engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. 

Without limiting the generality of the foregoing, Members of Council shall not:

(a)        make racial, homophobic, sexist or ethnic slurs;

(b)        display pornographic, homophobic, sexist, racist or other offensive or derogatory material;

(c)        make leering (suggestive staring) or other offensive gestures;

(d)        make written or verbal abuse or threats;

(e)        vandalize the personal property of others;

(f)         commit physical or sexual assault;

(g)        make unwelcome remarks, jokes, innuendos or taunting statements about a person's physical appearance, racial background, colour, ethnic origin, place of origin, citizenship, ancestry, creed (religion or belief), sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, disability (physical or mental);

(h)        make unwelcome remarks, insulting gestures or jokes which cause embarrassment or awkwardness;

(i)         refuse to converse or interact with anyone because of their racial or ethnic background, colour, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status,  or disability;

(j)         make unnecessary or unwanted physical contact, including touching,  patting, or pinching; and

(k)        demand sexual favours or requests.

Harassment which occurs in the course of or related to the performance of duties by Members of Council is subject to this policy.

A good faith exercise of performance management with respect to corporate employees for legitimate purposes by Council is not harassment.

D.        ALLEGATIONS OF PROHIBITED ACTIVITY

Organizations or individuals (including the public, Members of Council, and corporate employees) who have:

·         identified or witnessed any prohibited activity by a Member of Council under this policy;

·         witnessed or been subject to discriminatory treatment by a Member of Council under this policy; or

·         witnessed or been subject to  harassment by a Member of Council under this policy

may address the prohibited behaviour or activity as set out below.

1.             Complaints made by Corporate Employees of Discrimination or Harassment

Where a corporate employee makes a complaint of harassment or discriminatory treatment by a Member of Council, the Member of Council may participate in the Informal Resolution and/or Mediation processes under the Workplace Harassment/Discrimination Prevention Policy and Complaint Procedure for employees.

If the Member of Council does not participate in these processes or if the complaint is not resolved through these processes, the complainant may lodge a complaint to the Ontario Human Rights Commission.

2.             Other Complaints made by Any Person (Allegations of Activity Other Than in 1. above)

Any complainant may take the following steps, if applicable, to address prohibited activity by a Member of Council:

1.         a complainant may contact the London Police Department with respect to an investigation under s. 122 of the Criminal Code of Canada, where the allegation is that a Member of Council, in a matter connected to the duties of office, commits fraud or a breach of trust.

2.         a complainant may contact the London Police Department with respect to an investigation under s. 123 of the Criminal Code of Canada, where the allegation is that a Member of Council, in a matter connected to the duties of office, demands, accepts, or offers or agrees to accept from any person, a loan, reward, advantage or benefit of any kind.

3.         (a) a complainant may advise the Member of Council verbally or in writing that the activity contravenes this by-law.

            (b)  a complainant may encourage the Member of Council to stop the prohibited activity.

            (c)  a complainant should keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information.

4.         a complainant may refer his or her complaint to the Ontario Human Rights Commission where the alleged misconduct involves a violation of the Human Rights Code.

E.         JUDICIAL INVESTIGATION

In circumstances where liability is denied and the alleged misconduct is serious in nature, Council may pass a resolution, pursuant to s. 274(1) of the Municipal Act, requesting a judicial investigation into the Member of Council's conduct.

City of Folsom Code of Ethics and Conduct for

Elected Officials, Commission and Committee Members

Statement of Purpose:

The City Council for the City of Folsom desires the highest level of ethical conduct for the members of the City Council and members of appointed commissions and committees.  The residents and businesses of the City of Folsom are entitled to fair and accountable local government and to be represented by public officials who act in an ethical manner. The City of Folsom’s strong desire to fulfill this mission therefore requires that:

• Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government;
• Candidates for City Council positions should adhere to high ethical standards;
• Public officials be independent, impartial and fair in their judgment and actions;
• Public office be used for the public good, not for personal gain; and
• Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

To this end, the City Council for City of Folsom has adopted this Code of Ethics and Conduct (Code of Ethics) for elected officials and members of appointed commissions and committees to assure public confidence in the integrity of local government and its effective and fair operation.  It is intended that this Code of Ethics apply to the designated public officials and candidates for the City Council.  The goal of this Code of Ethics is to promote ethical behavior and to set ethical standards, rather than be penal in nature.  Asserted violations of this Code of Ethics shall not be grounds to void any action taken by the City Council, commissions or committees.  Nothing in this Code of Ethics is intended to limit any powers, rights or authority inherent in the City Council.

Members of the public seeking election to the City Council or appointment to commissions and committees are strongly encouraged to endorse and comply with the provisions of this Code of Ethics. 

City Council members and members of appointed commissions and committees are referred to generally as “Public Officials” in this Code of Ethics.

1.         Act in the Public Interest

Recognizing that the public interest must be their primary concern, Public Officials will work for the common good of the people of the City of Folsom and not for any private or personal interest.  They will assure fair and equal treatment of all persons, businesses and interests coming before the City of Folsom City Council, commissions, and committees.  The professional and personal conduct of Public Officials must be above reproach and avoid even the appearance of impropriety. 

2.         Comply with the Law

Public Officials shall comply with the laws of the nation, the State of California, and the City of Folsom in the performance of their public duties.  These laws include, but are not limited to: the Constitutions of the United States and California; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open processes of government; and the City of Folsom Charter, Municipal Code and Resolutions.

3.         Respect for Process

Public Officials shall perform their duties in accordance with the processes and rules of order established by the City Council, commissions, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.

4.         Decisions Based on Merit

Public Officials shall base their decisions on the merits and substance of the matter at hand.  Public Officials shall prepare themselves for public issues and listen courteously and attentively to all public discussions before the body. 

5.         Communication

Communication with the public is an important aspect of open and responsive government.  While balancing the desire for open government and the need to preserve due process, Public Officials should avoid improper ex parte communications with parties when the official is sitting in a quasi-judicial role.

Public Officials shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City Council, commissions and committees, the staff or public and otherwise interfere with the orderly conduct of meetings.  This provision is not intended to limit the right of a Public Official to comment on the manner in which the business of the City is being conducted. 

6.         Conflict of Interest

In order to assure their independence and impartiality on behalf of the common good, public officials shall not use their official position to influence government decisions in which they have a material financial interest.  Public Officials shall comply with state law, the City Charter and the Municipal Code regarding disclosure and avoidance of conflicts of interest.  

7.         Gifts and Favors

Public Officials shall comply with the requirements of the Political Reform Act relating to the acceptance and reporting of gifts.

8.         Confidential Information

Public Officials shall respect the confidentiality of information concerning City property, personnel or proceedings of the City, including information received in Closed Session meetings of the City Council.  They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal interests.

9.         Use of Public Resources

Public Officials shall not use public resources for private gain or personal purposes.  Public Officials shall not utilize the City’s name or logo for the purpose of endorsing any political candidate or business.

10.       Political Contributions

A member or candidate for City Council shall not solicit contributions or endorsements from City employees.  This provision is not intended to interfere with an employee’s right to endorse or contribute on his/her own or to prohibit soliciting contributions or endorsements from employee bargaining units.

11.       Representation of Private Interests

In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission, committee, or proceeding of the City, nor shall members of commissions or committees appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.

12.       Advocacy

Public Officials shall represent the official policies or positions of the City Council, commission, or committee to the best of their ability when designated as delegates for this purpose.  When presenting their individual opinions and positions, officials shall explicitly state they do not represent their body or the City of Folsom.

13.       Policy Role of Members

Public Officials shall respect and adhere to the council-manager structure of the City of Folsom as outlined in the City’s policies and procedures and follow the City of Folsom’s Charter and Municipal Code with respect to the City Manager’s relationship with the City Council.  In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, commissions and committees, and City staff.  Except as provided by the City Charter or ordinance, Public Officials shall not interfere with the administrative functions of the City or the professional duties of City staff, including the City Manager’s responsibility to address personnel matters; nor shall they impair the ability of staff to implement Council policy decisions.

14.       Independence of Commissions and Committees

Because of the value of the independent advice of commissions and committees to the public decision-making process, members of City Council shall refrain from using their position to unduly influence the deliberations or outcomes of commission or committee proceedings.

15.       Positive Work Place Environment

Consistent with the City of Folsom’s Core Values, Public Officials shall support the maintenance of a positive and constructive work place environment for City employees and for residents and businesses dealing with the City.  Public Officials shall recognize their special role in dealings with City employees and refrain from creating the perception of inappropriate direction to staff.

16.       Harassment and Discrimination

The City of Folsom is committed to providing an environment that is free from unlawful discrimination, including discrimination or harassment that is based on any legally protected status. Public Officials shall not engage in any form of harassment as that term is defined in the City of Folsom Personnel Rules and Regulations.  The City will not tolerate any form of discrimination or harassment that violates this policy. This policy forbids any unwelcome conduct that is based on an individual's age, race, color, religion, sex, national origin, ancestry, marital status, sexual-orientation, veteran status, physical or mental disability, legally protected medical condition or association with anyone who has, or is perceived to have, any protected characteristic, or any other basis protected by state, federal or local law.

17.       Implementation of the Code of Ethics

The City of Folsom Code of Ethics expresses standards of ethical conduct expected for members of the City of Folsom City Council, commissions and committees.  Public Officials themselves share the responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. 

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