HomeMy WebLinkAboutHUR050 Employee Code of ConductPiCKERiNG
Policy
Policy Title: Employee Code of Conduct
Policy Number
HUR 050
Reference
Date Originated (m/d/y)
October 19, 1998
Date Revised (m/d/y)
December 10, 2018
Pages
10
Approval: Chief Acinistrati,e Officer
Point of Contact
Director, Human Resources
Policy Objective
The Corporation of the City of Pickering (the "City") requires its employees to conduct themselves
in a professional and ethical manner while carrying out their civic duties. This Code of Conduct
is a visible and formal statement of the intended values and behavioural standards the City
expects its employees, and its agents or contractors to follow when conducting City business. If
conduct occurs which violates this Code, the employee or work group concerned will be subject
to review and possible disciplinary action, up to and including termination. In the case of an
agent or contractor, termination of the service contract or service agreement may occur.
The objective of this policy is to:
® establish a set of behavioural guidelines for employees to follow in various situations
which may involve ethical decisions
® protect City property and image
® promote a high standard of professionalism amongst employees
® encourage the proper conduct of employees
Index
01 Definitions
02 Responsibilities
03 Conflicts of Interest
04 Gifts and Favours
05 Confidential Information
06 Public Relations and Press Releases
07 Hiring of Relatives and Soliciting Appointments
08 Political Activities
09 City Property
10 Personal Business
11 Illegal Drug, Cannabis and Alcohol Use
12 Dress Code
13 Enforcement
14 Severability
01 Definitions
01.01 Gifts and Favours — services, promotional material and premiums, discounts,
entertainment or other benefits
01.02 Immediate Family — a husband, wife, including common law spouse, children
including foster or step children, of an employee
01.03 Immediate Relatives — the parents, brothers, sisters, including foster or step,
parents-in-law, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,
grandparents, grandchildren or any other relative living with an employee
01.04 Personal Interests — an employee's personal interests shall include the
personal interests of the employee, his or her spouse (including common law
spouse) and his or her minor children
01.05 Supervisor — immediate non -union -supervisor
02 Responsibilities
02.01 Council to:
• approve any amendments to this policy
02.02 Chief Administrative Officer (CAO) to:
• approve leaves of absences for employees requesting time of when running
for political office
02.03 Directors to:
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Policy Number: HUR 050
® ensure that the policy is adhered to through demonstrated practices of City
employees;
• recommend changes to the policy as appropriate;
O set an example for all employees by appropriate attire and professional
behaviour at all times; and
® ensure that proper clothing and uniforms are available and are used by City
employees
02.04 Supervisor to:
• treat all complaints of misconduct seriously and respond in a timely manner;
and
® prevent and discourage misconduct through action and example by
demonstrating professional behaviour at all times
02.05 Employees to:
® become familiar and comply with this policy; and
® bring concerns to their supervisor if there is reason to believe this policy has
been breached in any way. No adverse action shall be taken against any
employee who, acting in good faith, brings forward such information.
03 Conflicts of Interest
03.01 A conflict may exist where the employee could directly influence a decision
made in the course of performing his or her job duties and also where he or she
could indirectly influence the decision through exerting personal influence over
the decision -maker.
03.02 Employees shall not place themselves in a position where they are under
obligation to any person who might benefit from special consideration or favour
on their part or where he or she could gain personal benefit, directly or
indirectly, from any agreement or contract with the City about which they could
influence decisions or affect the outcome.
03.03 Employees shall not gain personal benefit, or permit others to benefit from the
access to information acquired in their official capacity which is not generally
available to the public through ordinary and proper channels.
03.04 Employees should avoid situations where an employee's personal interests
conflict with his or her duties and responsibilities as an employee of the City.
The onus shall be on an employee to inform his or her supervisor if a situation
comes before the employee in which the employee's personal interest is or may
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Policy Number: HUR 050
be involved. A conflict of interest can exist whether or not a pecuniary
advantage has been or may have been conferred on the employee. Employees
shall not sell goods, materials or services to the City. An exception may be
made with the approval of the Director, provided the opportunity is made
available on an equal basis to other employees.
03.05 Employees shall not engage in, or accept private employment/volunteer work, or
render services for private interests when such employment or volunteer service
is incompatible with the proper discharge of his or her official city duties, or
would tend to impair his or her independence of judgment or action, in the
performance of his or her official duties.
03.06 During the course of their duties, employees shall not refer business to
Members of Pickering Council or to the Councillor's immediate family.
04 Gifts and Favours
04.01 In order to preserve the image and integrity of the city, receipt of business gifts
is discouraged, however, the City recognizes that moderate hospitality is an
accepted courtesy of a business relationship. Recipients should not allow
themselves to reach a position whereby they might be or might be deemed by
others to be influenced in making a business decision as a consequence of
accepting such hospitality. The frequency and scale of hospitality accepted
should not be greater than what would be permitted to be claimed as a business
expense in the normal course of one's job.
04.02 An employee should not seek or accept any gifts and favours from any person
or organization whose business or financial interests may be impacted in any
fashion by the employee in the course of the exercise of the employee's City
duties.
04.03 Small tokens of appreciation provided on an individual basis having an
approximate value of $75.00 or less, will not constitute a violation of this code.
All gifts and favours must be disclosed to an employee's Director. Wherever
reasonably possible the Director shall ensure that tokens of appreciation are
shared amongst the Department.
04.04 Gifts having a value of $75.00 or more shall be disclosed to the CAO. The CAO
shall dispose of such gifts, at his discretion, and arrange for the proceeds from
such gifts to be donated to a charitable cause supported by the City.
04.05 Gifts of cash are never acceptable.
05 Confidential Information
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05.01 Employees shall not permit any person, other than those who are appropriately
and legally entitled thereto, to inspect or have access to information, papers or
documents which are confidential. Where an employee is unsure of the status
of information, before making any release he or she shall discuss it with his or
her Director or Division Head.
05.02 Particular care should be exercised in releasing information relating to the
following matters:
• items under litigation (including matters before the Ontario Municipal
Board and other Tribunals);
• personnel matters;
• information provided by suppliers for evaluations which might be useful to
competitors;
• information which infringes on the right to privacy of others;
• sources of complaints about a variety of matters in which the identity of
the complainant is given in confidence;
• items under negotiation;
• information supplied in support of license applications, where such
information is not part of the public documentation; and
• Schedules of prices in contract tenders
05.03 Directors and Division Heads will ensure that employees are aware of
confidential information held in their departments which may not be divulged.
05.04 Employees should refer requests for confidential information to the City Clerk in
accordance with the Municipal Freedom of Information and Protection of Privacy
Act which governs situations where the public request information that is
regarded as confidential by the City.
06 Public Relations and Press Releases
06.01 Employees shall treat each contact with the public with diplomacy, tact and
objectivity and shall recognize that such contacts affect the City's public image.
06.02 Employees are encouraged to refer to the Office of the CAO any contacts from
the media which request opinions or comments on policy, procedures, legal or
other matters. Any other media contacts should be referred to the employee's
Director.
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06.03 Press releases and communications on the City's website on the internet must
be pre -approved by the CAO or the Mayor, or the authorized corporate
representative, as the case may be.
06.04 This policy is not intended to restrict the ability of employees to express an
opinion on general interest matters, where the employee makes it clear that he
or she is commenting as a private citizen and not in his or her capacity as a City
employee.
07 Hiring of Relatives and Soliciting Appointments
07.01 The City considers the hiring of immediate family or immediate relatives of
employees to be inappropriate in situations where the related employees would
be in a direct reporting relationship. In general, the fact that a potential
employee is related to an existing employee or to a Member of Council neither
prejudices nor advances that person's hiring prospects.
07.02 No employee shall solicit. Members of Council directly or indirectly in order to
obtain preferential consideration in connection with any appointment to the
municipal service.
08 Political Activities
08.01 Employees shall not engage in any political activity, federal, provincial, or
municipal during working hours. Employees shall not utilize City assets,
resources, or property (including City uniforms or any part of a City uniform) for
this purpose, without the prior written authorization of Council. No campaign
related activities shall take place on civic property without the prior expressed
authorization of Council.
08.02 Employees, especially those at the senior management level are discouraged
from direct or active involvement in City of Pickering municipal election
campaigns.
08.03 During municipal elections, employees should ensure that any involvement in a
municipal election campaign shall not adversely affect their duties as employees
with the City of Pickering.
08.04 Employees may exercise their civic right to run for public office subject to
compliance with the applicable legislation.
09 City Property
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09.01 Each employee who has care or custody of City property must ensure that it is
properly secured and that controls are in place, are used, and are not being
circumvented. City property includes cash, cheques, valuable documents,
inventories, supplies and equipment. Employees shall report any inadequacies
in, or problems in complying with existing safekeeping arrangements
immediately to their Director.
09.02 All employees must use City property only to the extent necessary to carry out
assigned duties. City property shall not be used by employees for personal use
or financial gain unless prior approval is secured from the employee's Director,
in writing and unless such use takes place during the employee's breaks or after
business hours.
09.03 City property must not be used by employees for the purposes of financially
benefitting, either themselves or anyone associated with them. Confidential
information available to City employees by virtue of their employment and City
facilities, assets and supplies constitute City property.
09.04 Employees shall not use City property, equipment, supplies or services
including computer and other intellectual property for activities not associated
with the discharge of official duties without the prior approval of the employee's
Director.
09.05 All employees are responsible to ensure that City property in the employee's
control is not taken or converted for personal gain and must report any
instances or suspicions of fraud or theft to the Director immediately.
09.06 Employees must assume full responsibility for their personal property brought
onto City property.
09.07 No employee shall make financial gain from the use or sale of City developed
computer programs, technological innovations or other patentable items, either
while in the employment of the City, or thereafter. All such property is and shall
remain the exclusive property of the City.
10 Personal Business
10.01 Employees shall refrain from attending to personal business during working
hours. If this cannot be avoided, the employee shall be expected to be as brief
as possible.
10.02 Employees shall discourage personal acquaintances and visitors who contact
them at work on matters not related to City business.
11 Illegal Drugs, Cannabis and Alcohol Use
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11.01 The City of Pickering ("the City") is committed to providing a safe, supportive,
and respectful workplace. The use of impairing substances in the workplace
may impact an employee's productivity and performance, as well as
compromise the safety of the workplace. This policy sets out the guideline for
the use of drugs and alcohol, including medical and recreational cannabis, in
the workplace. Employees must keep in mind that the consumption or
appearance of consumption of drugs or alcohol while at work, during working
hours, and/or on the City's premises may detrimentally affect the City's public
image.
11.02 All employees are expected to report to work fit for duty and to remain fit for
duty.
11.03 Employees must conduct themselves in a safe and lawful manner while on duty
and/or on the City's premises. Employees must comply with all applicable laws
and regulations as well as this policy at all times.
11.04 Except as provided for by this policy and as required by the Human Rights
Code, employees must not consume drugs or alcohol during working hours
while on duty, on call, or on the City's premises or in a manner which would be
reasonably likely to affect the ability of the employee to perform their duties
safely and effectively.
11.05 Recreational use of cannabis or alcohol while on duty or on the City's premises
will not be tolerated.
11.06 The City is committed to providing accommodation where required and in
accordance with the Human Rights Code. The City may require medical
evidence to support any accommodation request.
11.07 Where required, and subject to medical evidence that the health and safety of
the workplace and the employee's duties will not be interfered with, the
consumption of over-the-counter medications and medications lawfully
prescribed to the employee, including cannabis for a medical purpose, are
permitted in the workplace. Ontario's smoking laws prohibit smoking or vaping
cannabis in an enclosed workplace even for a medical purpose, accordingly this
will not be permitted in the workplace. Employees may however consume
cannabis for a medical purpose in the workplace.
11.08 Employees are required to use such medications responsibly. However, no
employee may use any drug, whether prescription or non-prescription or
cannabis for a medical purpose where the use of such substance may interfere
with the health and safety of the workplace or the employee's duties.
Employees may not consume or be under the influence of prescription
medications that are not prescribed to that particular employee during working
hours.
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11.09 Employees who have a drug or alcohol addiction, including cannabis addiction
should discuss the matter with human resources to determine what if any
accommodation may be required.
11.10 Employees are required to disclose their use of any medication, including
prescribed narcotics and medical cannabis that may impair their work
performance. The City will accommodate the employee up to the point of undue
hardship. Employees who fail to report such medications to the City will be
found to be in violation of this policy.
11.11 Employees must immediately report to any supervisor, member of management,
or human resources representative any employee that may be impaired by
drugs or alcohol in violation of this policy.
11.12 Employees in safety -sensitive positions may be removed from the workplace
and may be required to undergo drug and/or alcohol testing where an
accident/incident almost occurred due to suspected drug or alcohol impairment
(near miss); where there is an accident/incident in the workplace due to
suspected drug or alcohol impairment; or where the employee returns to work
after an accident/incident that resulted from the employee being impaired by
drugs or alcohol. Test results shall be kept confidential and will only be
disclosed as necessary to determine if discipline or accommodation is
appropriate.
11.13 Employees who violate this policy may be subject to discipline up to and
including termination.
11.14 Employees struggling with drug and/or alcohol addiction are encouraged to
seek assistance through the City's Employee & Family Assistance Program
(EFAP).
12 Dress Code
12.01 Employees are expected to dress, at all times, in a manner that is appropriate to
the work being performed. Office staff are expected to dress at all times in a
manner that presents an acceptable and professional corporate image in
accordance with the City's Business Appropriate Dress Guidelines. Employees
who usually perform work in public view shall wear identification. Employees
who are issued with uniforms by the City shall wear full uniforms at all times
during the course of their work day.
13 Enforcement
13.01 The observance of this Code of Conduct constitutes a condition of employment.
Any employee who fails to act in accordance with the provisions of this Code will
be subject to appropriate disciplinary action, up to and including termination of
employment.
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13.02 The City's expectations of its employees in each of these areas is outlined in
this Code. If an employee is in doubt about any of the matters set out herein, or
if the particular situation is not covered here, the employee must ask his or her
Director or Division Head for assistance in interpretation of the policy.
13.03 A Director/Division Head or other Supervisory staff having direct knowledge of a
breach of this Code shall bring the information immediately to the attention of
the employee.
13.04 Any employee who has reason to believe that any individual including those in a
management or supervisory capacity is committing a breach of the Code shall
approach the Director in confidence. Any employee who has reason to believe
that the Director is committing a breach of this Code shall approach the CAO in
confidence. Any employee who has reason to believe that the CAO is
committing a breach of this Code shall approach the Mayor in confidence.
14 Severability
14.01 The provisions of this Code of Conduct are severable and if any provision,
section or word is held invalid or illegal, such invalidity or illegality shall not
affect or impair any of the remaining provisions, sections or words.
Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for
detailed processes regarding this Policy.
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