HomeMy WebLinkAboutCLK 04-22Report to Council
Report Number: CLK 04-22
Date: July 11, 2022
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Appointment of an Integrity Commissioner
- 2022 – 2026 Term of Council
- File: A-1440
Recommendation:
1. That Report CLK 04-22, regarding Appointment of an Integrity Commissioner, be
received;
2. That Council appoints Principles Integrity as Integrity Commissioner for the City of
Pickering for the Term of Council commencing November 15, 2022, with the option to
renew for an additional Council Term, subject to the Council of the Regional Municipality
of Durham approving and authorizing the appointment of Principles Integrity in
accordance with Section 223.3 of the Municipal Act as the Regional Municipality of
Durham’s Integrity Commissioner;
3. That the draft By-law, included as Attachment #1 to Report CLK 04-22 to confirm the
appointment of Principles Integrity as the provider of Integrity Commissioner services for
the City of Pickering, be enacted;
4. That subject to the enactment of the By-law to appoint Principles Integrity, that the Mayor
and Clerk be authorized to execute an agreement with Principles Integrity, for Integrity
Commissioner Services for the City of Pickering, consistent with the draft by-law and on
terms satisfactory to the City Clerk and Director, Corporate Services & City Solicitor; and,
5. That the appropriate City of Pickering officials be authorized to take the necessary
actions as indicated in this Report.
Executive Summary: The appointment of an Integrity Commissioner is a statutory
requirement of the Municipal Act. Currently. The City retains Fasken Martineau Dumoulin LLP
for its Integrity Commissioner services and the current contract expires at the end of this Term
of Council on November 14, 2022.
To ensure that Pickering has an Integrity Commissioner in place once the term of the current
Integrity Commissioner expires, staff seek Council’s approval to appoint Principles Integrity for
the 2022-2026 Term of Council, with the option to renew for an additional Term, subject to the
Council of the Regional Municipality of Durham approving the appointment at that time.
CLK 04-22 July 11, 2022
Subject: Appointment of Integrity Commissioner Page 2
Financial Implications: Principles Integrity charges an hourly rate of $275.00, with a
$1,250.00 annual retainer fee to cover minor administrative costs and record keeping. The
hourly rate is in line with what the City currently pays for Integrity Commissioner services, and
staff are satisfied that it is commensurate with the level of experience and expertise that
Principles Integrity will provide.
There is no specific budget line item within the approved 2022 Current Budget for Integrity
Commissioner services, however, funds in the General Government Contingency Account
would be available should there be a need to engage the services of the Integrity
Commissioner. To date, the City has incurred few expenses related to the Integrity
Commissioner. Should there be an increase in the usage of the services, staff will review and
consider the budgetary requirements for inclusion in the 2023 and 2024 Current Budgets for
the City.
Discussion: Pursuant to Subsection 223.3(1) of the Municipal Act, the Integrity
Commissioner reports to Council and is responsible for performing, in an independent manner,
the functions assigned by the municipality.
Integrity Commissioners carry out a range of functions for municipalities and their local boards.
They assist in the development of the municipality’s ethical framework by suggesting content
or commentary for codes of conduct and conduct education and training for Members of
Council. Integrity Commissioners also provide advice and guidance to Members of Council to
help sort out ethical grey areas arising from the Code of Conduct or to confirm activities that
support compliance, including those under with the Municipal Conflict of Interest Act (MCIA).
Additionally, the Integrity Commissioner investigates allegations against Members of Council
for non-compliance with the Code of Conduct or the MCIA.
In 2016, the Region of Durham and some area municipalities undertook an RFP process for
the selection of an Integrity Commissioner. As a result of that process, Guy Giorno, Fasken
Martineau Dumoulin LLP, was selected as the Integrity Commissioner for the Regional
Municipality of Durham and the City of Pickering, for a term beginning on January 1, 2017 and
terminating at the end of the current term of Council (November 14, 2022).
With the current Integrity Commissioner contract expiring at the end of the Term of Council, it
was necessary to conduct a selection process to ensure that Integrity Commissioner services
are in place for the next Term. The Region of Durham, and local municipalities, have once
again partnered on this initiative and are seeking approval to appoint Principles Integrity to
carry out Integrity Commissioner services for the 2022 -2026 Term of Council.
The process to secure Integrity Commissioner services for the next term of Council followed
the Durham Region’s Consultant and Professional Services Contracting Procedure. Invitations
to enter into a consulting and professional services contract with the Region and local
municipalities were sent to six individuals/firms. Three proposals were received and evaluated
by the Region. Respondents also participated in presentation and interview sessions which
were evaluated by the Region, with the addition of the Municipal Clerks from Oshawa,
Pickering and Whitby. The successful submission was made by Principles Integrity.
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Subject: Appointment of Integrity Commissioner Page 3
Established in early 2017, Principles Integrity is a partnership operated by its principals Jeffrey
Abrams and Janice Atwood-Petkovski, experienced municipal leaders, with over 35 years of
experience working for municipalities in the fields of municipal law and governance, and now
as Integrity Commissioners. Ms. Atwood-Petkovski previously worked as City Solicitor for two
large Greater Toronto and Hamilton Area municipalities and Mr. Abrams as a Municipal
Solicitor and Clerk in the Greater Toronto Area.
Through its submission to the Region, Principals Integrity summarized its mandate as Integrity
Commissioner as follows:
“The emphasis of our firm is to help public bodies enhance their ethical foundations
through the drafting of effective codes of conduct and other policies governing ethical
behaviour, through the provision of meaningful education related to such policies,
providing pragmatic binding advice to elected officials seeking clarification on ethical
issues and governance issues, and by seeking to resolve matters when allegations of
transgression are made. Where appropriate and necessary, formal investigations are
conducted under the tenets of procedural fairness, with a keen focus on what best
serves the public interest.
We exercise our authority in a manner that promotes good governance and effective,
ethical solutions. When responding to a complaint, we exercise restraint and apply a
solutions-oriented perspective, favouring teaching opportunities over sanctions. We
have substantial expertise in the application of the Municipal Conflict of Interest Act and
have compiled an effective codification of statutory and common law that assists elected
officials in avoiding both real and apparent conflicts of interest while enabling them to
carry out the duties for which they were elected.”
The appointment of an Integrity Commissioner was a coordinated effort among the Region of
Durham and area municipalities. Appointing the same Integrity Commissioner as the Region
allows the Region and City to undertake coordinated efforts to review the Council Codes of
Conduct, and for the Mayor and Regional Councillors to seek advice from one source for
matters that may come before both the City and Regional Councils.
Staff are seeking approval to appoint Principles Integrity for the 2022-2026 Term of Council,
with the option to renew for an additional Term, subject to the Council of the Regional
Municipality of Durham approving the appointment at that time. Should Council approve the
appointment of Principles Integrity, the By-law will take effect on November 15, 2022.
Attachments:
1. Draft By-law to Appoint Principles Integrity as the City of Pickering’s Integrity
Commissioner
CLK 04-22 July 11, 2022
Subject: Appointment of Integrity Commissioner Page 4
Prepared By: Approved/Endorsed By:
Susan Cassel Paul Bigioni
City Clerk Director, Corporate Services & City
Solicitor
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Original Signed By:Original Signed By:
Original Signed By:
The Corporation of the City of Pickering
By-law No. XXXX/22
Being a by-law to confirm the Appointment of Principles
Integrity as the Integrity Commissioner for the City of Pickering
Whereas Section 223.3 of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes a municipality
to appoint an Integrity Commissioner who reports to Council and who is responsible for
performing in an independent manner the functions assigned by the municipality;
And Whereas the current contract for Integrity Commissioner services for the City of Pickering
will expire on November 14, 2022;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.That Principles Integrity is hereby appointed as the Integrity Commissioner for the City
of Pickering; and,
2.That the agreement with Principles Integrity as the City of Pickering’s Integrity
Commissioner provide the following roles and services:
Role:
The role of the Integrity Commissioner is:
(a)The application of the Code of Conduct for Members of Council and for members of
local boards;
(b)The application of any procedures, rules and policies of the City and local boards
governing the ethical behaviour of Members of Council and local boards;
(c)The application of sections 5, 5.1, and 5.2 of the Municipal Conflict of Interest Act to
Members of Council and local boards;
(d)Respond to requests from Members of Council and of local boards for advice
respecting their obligations under the Code of Conduct applicable to the member;
(e)Respond to requests from Members of Council and of local boards for advice
respecting their obligations under a procedure, rule or policy of the City or of a local
board, governing the ethical behaviour of members;
(f)Respond to requests from Members of Council and of local boards for advice
respecting their obligations under the Municipal Conflict of Interest Act; and,
(g)Provide educational information to Members of Council and local boards.
Attachment #1 to Report CLK 04-22
By-law No. XXXX/22 Page 2
Duties:
The Integrity Commissioner shall cause to perform, in an independent manner, the
functions of an Integrity Commissioner pursuant to Part V.1 of the Municipal Act, with
respect to the application of the Code of Conduct for Members of Council and of local
boards, of the City of Pickering, including any legislation, procedures, rules and policies of
the City governing the ethical behaviour of the Members. The mandate of the Integrity
Commissioner will include:
(a) Provisions of advice and education upon request by a Member or by Council or the
local board as a whole, regarding ethical obligations and responsibilities under their
Code of Conduct, and any other legislation, rules or policies governing their ethical
behaviour;
(b) Receiving, assessing and investigating where appropriate, complaints may by
Council, a Member of Council, a local board, a member of a local board, a member
of staff, or a member of the public respecting an alleged breach of the City’s Code of
Conduct through the provisions of the Code of Conduct and Procedures for
Complaints;
(c) Receiving, assessing and conducting an inquiry, where appropriate, with respect to
requests for inquiry made by an elector, or a person demonstrably acting in the
public interest concerning an alleged contravention of section 5, 5.1, or 5.2 of the
Municipal Conflict of Interest Act;
(d) Giving advice on policy issues and the workings of the City’s Integrity
Commissioner’s office; and,
(e) All advice being provided in writing in accordance with the requirements of Section
223.3(2.2) of the Municipal Act.
Reporting to Council:
(a) The Integrity Commissioner will report directly to Pickering City Council with a report
containing the results of investigations and one annual report summarizing the
year’s activities, observations, and any resulting general recommendations; and,
(b) The Integrity Commissioner may recommend that City Council impose penalties in
accordance with the Municipal Act if in the opinion of the Integrity Commissioner, a
Member has contravened the Code of Conduct.
Other General Provisions:
(a) That should the Integrity Commissioner conduct an investigation or provided any
other service, it shall do so in accordance with the terms and conditions of the
Agreement executed between it and the City of Pickering and shall adhere to all
applicable laws, applicable statutes, and established City Policies;
(b) That should the City of Pickering desire any further services from the Integrity
Commissioner outside what is outlined in this By-law, the Integrity Commissioner
may oblige in providing such other services, so long as City Council has passed a
resolution to authorize the Integrity Commissioner to provide such other service. If
authorized to do so, the Integrity Commissioner will charge the hourly fee in
accordance with the Agreement for such other services; and,
(c) All services provided by the Integrity Commissioner conform to all the statutory
requirements of Section 223.3 to 223.8 of the Municipal Act.
3. That By-law 7684/19 be repealed effective November 14, 2022.
4. That this By-law shall come into effect as of November 15, 2022.
By-law passed this 11th day of July, 2022.
________________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk