HomeMy WebLinkAboutCLK 01-17 of Report to
PICKERiNG Council
Report Number: CLK 01-17
Date: January 16, 2017
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: City of Pickering Integrity Commissioner
- File: A-1400
Recommendation:
1. That report CLK 01-17 regarding an Integrity Commissioner for the City of Pickering be
received;
2. That the City of Pickering join in the retainer by the Regional Municipality of Durham of
Fasken Martineau DuMoulin LLP as Integrity Commissioner for the term January 1, 2017 to
December 31, 2021;
3. That Council pass the attached appointment by-law to appoint Guy W. Giorno of Fasken
Martineau DuMoulin LLP as the Integrity Commissioner for the City of Pickering;
4. That the Mayor and Clerk be authorized to sign a retainer agreement to confirm the shared
agreement;
5. That a copy of this report be forwarded to the Regional Municipality of Durham; and
6. That the appropriate City of Pickering officials be authorized to take the necessary actions as
indicated in this report.
Executive Summary: On March 26, 2012, City Council approved a Code of Conduct to
enhance the transparency and accountability with which Members of Council conduct themselves.
Suzanne Craig was appointed as the Integrity Commissioner in 2012 and filled the position until
she gave notice of her resignation in February, 2016. At that time, staff were requested to
investigate the replacement of an Integrity Commissioner for the City of Pickering and report back
to Council.
On September 21, 2016, the Regional Municipality of Durham issued an RFP for Municipal
Integrity Commissioner Services. Included within the Region's Integrity Commissioner RFP was a
cooperative purchasing arrangement under which the lower tier municipalities can choose to
appoint the selected respondent as their own Integrity Commissioner for the term of the contract
on the same terms and conditions, including price.
The attached Region of Durham Report 2016-COW-75 and Region of Durham appointment by-
law for the Integrity Commissioner set out the information needed for City Council to determine
whether the City would like to share these services with the Regional Municipality of Durham.
CLK 01-17 January 16, 2017
Subject: City of Pickering Integrity Commissioner • Page 2
Financial Implications: During the initial term (2017 —2021), the Region of Durham will pay
the annual $900 base retainer fee itself and for all the local area municipalities that join in the
retainer. Each participating municipality will be obligated to pay the service fee of$239.00 per
hour for calls for service from any person wishing to file a complaint in respect of the participating
municipality and for any Special Project requests.
Discussion: The City of Pickering has been without an Integrity Commissioner since
February, 2016. Since that time the City Clerk has been responsible for processing any Code of
Conduct complaints, but no complaints have been filed.
The City Clerk recommends that the City sign the agreement for shared services of the Regional
Integrity Commissioner. The opportunity to share Integrity Commissioner services with the
Region of Durham is fiscally responsible and also ensures that the City of Pickering continues to
operate with accountability and transparency to the public.
Attachments:
1.. Regional of Durham Report#2016-COW-75
2. Draft Appointment By-law for an Integrity Commissioner
Prepared By: Appr• - •/Endorsed By:
Debbie Shields Paul Bi s •
City Clerk Direct* •*rate Services & City Solicitor
DS:ds
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
MACH RC4 T#..x._.
DIRECTION MEMORANDUM
. TO: M. Gaskell, Commissioner of Corporate Services
FROM: D. Wilcox, Regional Clerk/ Director of Legislative Services
DURHAM
REGION DATE: December 15, 2016
Legislative Services
RE: Direction as per minutes of the Regional
Council meeting held on December 14, 2016
REPORT OF: Committee of the Whole ITEM #35
Bill 8 — Public Sector and MPP Accountability and Transparency Act, 2014:
Appointment of Regional Integrity Commissioner (2016-COW-75)
A) That Request for Proposal ("RFP") 1042A-2016 for Municipal Integrity
Commissioner Services be awarded to Fasken Martineau DuMoulin LLP for
the term January 1, 2017 to December 31, 2021;
B) That Regional Council appoint Guy W. Giorno as the Integrity Commissioner
for the R egion for the period January 1, 2017 to December 31, 2021 and
confirm the appointment with formally passing the attached appointment by-
law, as amended at the December 7, 2016 Committee of the Whole meeting,
for the Regional Integrity Commissioner attached hereto as Attachment#1 to
Report#2016-COW-75;
C) That Regional Council authorize a retainer agreement with Fasken Martineau
DuMoulin LLP to provide Integrity Commissioner Services on the payment of
an annual retainer and hourly fee for service basis for the period January 1,
2017 to December 31, 2021;
D) That the Regional Chair and Regional Clerk be authorized to execute the
retainer agreement as described in Recommendation B) and any other such
contractual documents as may be required to give effect to Recommendation
A); and
E) That the Regional Clerk circulate Report#2016-COW-75 to the Clerks of the
local area municipalities for their review and consideration as to whether they
wish to join in on the retainer agreement as described in Recommendation
C) above.
VebiWacdx/
Debi A. Wilcox, MPA, CMO, CMM III
Regional Clerk/
Director of Legislative Services
c. J. Hunt, Director of Legal Services
"Service Excellence
for our Communities"
REVISED
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2095.
The Regional Municipality of Durham
Report
DURHAM
REGION
To: Committee of the Whole
From: Matthew L. Gaskell, Commissioner of Corporate Services
Report: #2016-COW-75
Date: December 7, 2016
Subject:
Bill 8 - Public Sector and MPP Accountability and Transparency Act, 2014: Appointment
of Regional Integrity Commissioner
Recommendations:
THAT the Committee of the Whole recommends to Regional Council that they adopt the
following recommendations:
1. That Request for Proposal ("RFP") 1042A-2016 for Municipal Integrity
Commissioner Services be awarded to Fasken Martineau DuMoulin LLP for the term
January 1, 2017 to December 31, 2021;
2. That Regional Council appoint Guy W. Giorno as the Integrity Commissioner for the
Region for the period January 1, 2017 to December 31, 2021 and confirm the
appointment with formally passing the attached appointment by-law for the Regional
Integrity Commissioner attached hereto as Attachment#1;
3. That Regional Council authorize a retainer agreement with Fasken Martineau
DuMoulin LLP to provide Integrity Commissioner Services on the payment of an
annual retainer and hourly fee for service basis for the period January 1, 2017 to
December 31, 2021;
4. That the Regional Chair and Regional Clerk be authorized to execute the retainer
agreement as described in Recommendation 2 and any other such contractual
documents as may be required to give effect to Recommendation One; and
5. That the Regional Clerk circulate this report to the Clerks of the local area
municipalities for their review and consideration as to whether they wish to join in on
the retainer agreement as described in Recommendation 3 above.
•
NO CHANGE
Report#2016-COW-75 Page 2 of 6
Purpose
1.1 This report provides Council with the outcome of the RFP 1042A-2016 for
Integrity Commissioner services and recommends the appointment of Guy W.
Giorno of Fasken Martineau DuMoulin LLP as the Integrity Commissioner for the
Region of Durham.
2. Background
2.1 Effective January 1, 2016 the Ontario Ombudsman's jurisdiction was expanded
to include the municipal sector, including municipal agencies and some
municipal boards.
2.2 Regional staff reported to Regional Council on Bill 8 through Report 2015-A-26
of the Commissioner of Corporate Services, dated June 24, 2015 in which
Regional staff were directed to report back on the feasibility of establishing a
code of conduct for Regional Council and the appointment of an Integrity
Commissioner to administer the Code of Conduct and conduct inquiries.
2.3 A Regional Code of Conduct and Complaints Procedure was formally approved
by Regional Council by virtue of the passage of Report 2016-COW-6 on
September 14, 2016. A by-law was also passed to formally establish the Code of
Conduct and the by-law is to come into effect upon the appointment of an
Integrity Commissioner to enforce the Code of Conduct.
2.4 On December 16, 2015, Regional Council received Report#2015-A-40 which
initially approved the Region to issue an RFP to hire an Integrity Commissioner.
2.5 On August 26, 2016, Report#2016-INFO-9 was published on the Council
Information Package giving an update on the Integrity Commissioner RFP and
advising that the RFP would have to be reissued after a first attempt resulted in
all bids being non-compliant over the summer of 2016.
2.6 This report is now being brought to formally make a recommendation for the
Regional Integrity Commissioner and to report on the results of the Integrity
Commissioner RFP as the process is now complete.
3. Authority
3.1 Under the Municipal Act, 2001, Council has the authority to appoint an Integrity
Commissioner.
3.2 Section 223.3 of the Municipal Act, 2001 outlines the legislated role of an
Integrity Commissioner. It identifies that the role of an Integrity Commissioner is
to perform in an independent manner those functions assigned by a municipality
with respect to:
NO CHANGE
Report#2016-COW-75 Page 3 of 6
(a) the application of the code of conduct for members of council and the code
of conduct for members of local boards or of either of them;
(b) the application of any procedures, rules and policies of the municipality and
local boards governing the ethical behavior of members of council and of
local boards or of either of them; or
(c) both of clauses (a) and (b).
3.3 Under the Municipal Act, 2001, Council has the authority to assign duties and
functions to an Integrity Commissioner. Duties may typically involve, but not
necessarily be limited to the following:
(a) Providing advice to Members of Council on ethical behavior;
(b) Providing education to Members of Council on the application of a Code of
Conduct;
(c) Assisting in the development of policies and processes for the Office of the
Integrity Commissioner;
(d) Receiving complaints and conducting investigations in accordance with a
Council approved process with respect to alleged contraventions of a Code
of Conduct for Members of Council;
(e) Provide a report on his or her findings and recommendations to Council,
(including adjudicating and imposing sanctions as necessary) and;
(f) Provide an annual summary of report of complaints, investigations and
advice provided and make any recommendations for any changes to the
approved process.
4. Issuance of the RFP
4.1 On September 21, 2016, RFP 1042A-2016 was formally issued to receive
proposals for the Integrity Commissioner services. The RFP closed on October
20, 2016. -
4.2 Along with the issuing_of the Integrity Commissioner RFP, encompassed within it
was cooperative purchasing arrangement under which the local area
municipalities may choose to appoint the selected respondent, within the term of
the contract, for the same terms and conditions including price.
4.3 Participation in the co-operative purchasing arrangement allows the local area
municipalities the option to appoint the selected proponent as their Integrity
Commissioner as well.
REVISED
Report#2016-COW-75 Page 4 of 6
4.4 In addition, should the local area municipalities wish for additional services to be
provided by the Regional Integrity Commissioner they may pass an appointment
by-law with their local Councils to confirm any duties to be assigned to the
Regional Integrity Commissioner and they would perform such duties under the
hourly fee as a "Special Project" as defined under the RFP.
5. The Proposals
5.1 Three proposals were received and deemed compliant. The submissions were
from ADR Chambers Inc., the law firm of Fasken Martineau DuMoulin LLP and
John Arkelian. The proposals were evaluated by a team of 2 lawyers in Legal
Services and the Regional Clerk and the process overseen by the Purchasing
Section of the Finance Department.
5.2 The RFP identified the following criteria to be used for evaluation of the
proposals that met the mandatory submission requirements:
• Company and Staff Background, Qualifications and Experience
• Communication and Public Awareness
• Technical Solution - Methodology and Resources
• Presentation and Demonstration
• Pricing
5.3 The Respondents were evaluated on the above listed criteria.
5.4 All three reached the presentation and demonstration stage of the RFP.
5.5 The Respondents were required to achieve a minimum score of 70% on the
score allocated to the Presentation and Demonstration stage in order to qualify
for a recommendation of contract award.
6. RFP Award
6.1 Based on the overall Technical, Presentation and Demonstration and Financial
evaluation of the compliant proposals submitted, Fasken Martineau DuMoulin
LLP achieved the highest combined score and is recommended for award of
RFP1042A-2016 for Municipal Integrity Commissioner Services with Guy W.
Giorno to be appointed as Integrity Commissioner for the Region of Durham.
6.2 Fasken Martineau DuMoulin LLP's bid was for a $900.00 annual retainer to
provide Integrity Commissioner services and to charge an hourly fee of$239.00
per hour for Special Projects.
Report#2016-COW-75 Page 5 of 6
7. Current Term of Council and Subsequent Four Year Term of Council
7.1 The initial term of the appointment will be the balance of the current term of
Council with a start date of January 1, 2017. The contract will continue for a
subsequent four year term of the next Regional Council.
7.2 Under the terms of the contract the Region retains the right to terminate the
contract for unsatisfactory performance at any time, or without cause upon giving
at least (30) thirty days written notice.
7.3 All proponents were advised that in undertaking assignments for the Region,
their performance may be reviewed throughout the duration of the contract.
8. Financial Implications
8.1 During the entire term, the Region will pay a fixed annual retainer fee of$900.00
to Fasken Martineau DuMoulin LLP to provide Integrity Commissioner Services
to the Region of Durham and the local area municipalities that choose to
participate in the cooperative purchasing arrangement by appointing Guy W.
Giorno as their Integrity Commissioner.
8.2 A fee of$239.00 per hour will be incurred for complaints made to Guy W. Giorno
at the point that he decides that a complaint will warrant a formal investigation.
The annual retainer includes all initial steps to process a complaint up to if the
complaint is to be dismissed, a letter to be sent to the complainant indicating as
such and that the file will be closed. Annual retainer will also include one annual
report to Regional Council. The hourly fee will also include any"Special Projects"
as may be requested by a participating municipality such as teaching seminars
or public meetings or other special assignments as they may wish to assign to
the Integrity Commissioner.
8.3 During the initial term, the Region of Durham will pay the retainer fee for the
Region of Durham and all the local area municipalities that choose to appoint
Guy W. Giorno of Fasken Martineau DuMoulin LLP. Each participating
municipality will then pay the service fees of$239.00 per hour associated with
calls for service from any person wishing to file a complaint which applies to the
participating municipality from the point of a formal investigation being
commenced and any Special Project requests.
9. Conclusion
9.1 The appointment of the recommended proponent as the Regional Integrity
Commissioner would ensure the Region of Durham continues to operate as a
corporation with greater accountability and transparency to the public.
•
Report#2016-COW-75 Page 6 of 6
9.2 The Province recently introduced Bill 68 which proposes some changes to the
role of the Integrity Commissioner. The Bill is in first reading; however,
Attachment#2 speaks to some of the proposed changes to the Integrity
Commissioner role that may be coming.
10. Attachments
Attachment#1 By-law Number 58-206 being a by-law to authorize the Region
of Durham to appoint Guy W. Giorno as the Integrity
Commissioner for the Regional Municipality of Durham
(Regional Integrity Commissioner)
Attachment#2 Modernizing Ontario's Municipal Legislation Act (BILL 68)
Respectfully submitted,
Original signed by
Matthew L. Gaskell
Commissioner of Corporate Services
Recommended for Presentation to Committee
Original signed by
Garry H. Cubitt, MSW .
Chief Administrative Officer
•
Report#2016-COW-75 Attachment#1
BY-LAW NUMBER 58-2016
OF
THE REGIONAL MUNICIPALITY OF DURHAM
being a by-law to authorize the Region of Durham to appoint Guy W. Giorno as
the Integrity Commissioner for the Regional Municipality of Durham (Regional
Integrity Commissioner).
WHEREAS pursuant to Section 8 of the Municipal Act 2001 S.O. c. 25 provides
in part that a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising authority;
AND WHEREAS pursuant to Section 223.4 to 223.8 of the Municipal Act, 2001
provides that an Integrity Commissioner has certain powers and protections
during investigations;
AND WHEREAS Regional Council passed a Code of Conduct and Complaint
Procedure for Regional Council on September 16, 20116 contained in Report
2016-COW-6 (Code of Conduct);
AND WHEREAS Council for the Regional Municipality of Durham passed a
resolution at its meeting of December 14, 2016 to authorize the execution of an
agreement with Fasken Martineau that Guy W. Giorno be appointed the Regional
Integrity Commissioner and for Fasken Martineau to provide services to facilitate
the delivery of services for the Regional Integrity Commissioner.
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED as a by-
law of The Regional Municipality of Durham through its Council as follows:
1. That the Regional Chair and Regional Clerk are hereby authorized and
instructed to execute on behalf of the Regional Municipality of Durham an
agreement with Fasken Martineau to affect the appointment of Guy W.
Giorno as the Regional Integrity Commissioner and also to provide the
required services for Regional Integrity Commissioner (the Agreement) on
such terms and conditions as were presented in the Request For Proposals
and such other terms and conditions as may be required and approved by
the Commissioner of Corporate Services to give effect to the Agreement.
2. That the Agreement provide for that Guy W. Giorno be appointed for a term
from the date of January 1, 2017 to the end of the current term of Regional
Council and the entire subsequent term of a subsequent Regional Council.
3. That an agreement with Fasken Martineau and Guy W. Giorno being
appointed as the Regional Integrity Commissioner provide the following
roles and provide the following services:
Page 2 of 3
ROLE
(a) The role of the Regional Integrity Commissioner is to advise Members
of Council to ensure that they are performing their functions in
accordance with the Code of Conduct and other applicable legislation,
procedures, rules or policies governing their ethical behaviour. The
Integrity Commissioner will provide no legal advice as it relates to
conflict of interest matters and just provide general consultative advice
and guidance.
(b) The Regional Integrity Commissioner will serve the public interest and
is granted authority under the Municipal Act, 2001 to educate, advise
and investigate the conduct of Members of Council.
DUTIES
The Regional 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, 2001 with respect to applications of the Code of Conduct for
Members of Council of the Regional Municipality of Durham, including any
legislation, procedures, rules and policies of the Region of Durham governing the
ethical behaviour of thy: Members of Council. The mandate of the Regional
Integrity Commissioner will include:
(a) Provisions of advice and education upon request by a Member of
Council or by Council as a whole, regarding ethical obligations and
responsibilities under their Code of Conduct, and any other legislation,
rules or policies governing their ethical behaviour; and
(b) Receiving, assessing and investigating where appropriate, complaints
made by Council, a member of Council, a member of staff, or a
member of the public respecting an alleged breach of the Code of
Conduct for the Members of Council of the Regional Municipality of
Durham through the provisions of the Code of Conduct and the
Complaints Protocol.
(c) Giving advice on policy issues and the workings of the Regional
Integrity Commissioner's office.
REPORTING TO COUNCIL
(a) The Regional Integrity Commissioner will report directly to Regional
Council via the Committee of the Whole or the calling of a special
meeting with the a report containing the results of investigations and
one annual report summarizing the year's activities, observations and
any resulting general recommendations.
(b) The Integrity Commissioner may recommend that Regional Council
impose penalties in accordance to the Municipal Act, 2001 if in the
opinion of the Regional Integrity Commissioner, a Member of Council
has contravened the Code of Conduct.
Page 3 of 3
OTHER GENERAL PROVISIONS
(a) That should the Regional Integrity Commissioner conduct an
investigation or provide any other service, it shall do so in accordance
to the terms and conditions of the Agreement executed between it and
• the Regional Municipality of Durham and shall adhere to all applicable
laws, applicable statutes and established Regional policies.
(b) That any local municipality within the geographic region of the
Regional Municipality of Durham desirous to retain the Regional
Integrity Commissioner to provide Integrity Commissioner services for
their municipality that they may execute the Agreement with the
Regional Municipality of Durham and shall pay the Regional Integrity
Commissioner for services in accordance to their hourly fee in
accordance to the terms of the Agreement provided they have
obtained the required approvals to do so.
(c) , That should the Regional Municipality of Durham or any local
municipality desire any further services from the Regional Integrity
Commissioner outside what is outlined in this by-law, the Regional
Integrity Commissioner may oblige in providing such other services,
so long as the respective Council of the municipality requesting such
other service has passed a resolution through their respective Council
to authorize the Regional Integrity Commissioner to provide such
other service. If authorized to do so, the Regional Integrity
Commissioner will charge their hourly fee in accordance to the
Agreement for such other services to the municipality requesting such
other services.
BY-LAW read and passed this 14th day of December 2016.
Original signed by Original signed by
Roger Anderson, Regional Chair& CEO Debi A. Wilcox, Regional Clerk
Report#2016-COW-75 Attachment#2
Modernizing Ontario's Municipal Legislation Act (Bill 68)
On November 16, 2016, the Government of Ontario introduced Bill 68 which is a
bill proposing amendments to three key pieces of municipal legislation that
would, if passed, help local governments to be more open, flexible and
accountable to the people they serve, while giving the public added confidence in
the rules governing local elected officials.
The Municipal Act, 2001 sets out many of the roles, responsibilities and powers
of Ontario's municipalities. The City of Toronto Act, 2006 sets a similar
framework specifically for the City of Toronto, while reflecting Toronto's status as
Ontario's largest municipality. The Municipal Conflict of Interest Act sets out
conflict of interest rules for municipal council members and members of local
boards.
A public review of the three pieces of legislation took place between June and
October 2015. Region of Durham provided commentary through Regional
Council approved Report Number 2015-A-51. The review was meant to identify
potential solutions and focused on the themes of accountability and
transparency, municipal financial sustainability and responsive and flexible
service gelivery.
The proposed changes respond to concerns heard from the public, municipal
councils and staff during the review. Once the Bill has reached third reading and
Royal Assent, Regional staff will provide a more fulsome report outlining the
impacts of Bill 68.
For the purposes of this report and the appointment of a Regional Integrity
Commissioner, and upon initial review of the legislation, there appear to be three
impacts immediately identified which are outlined below:
1. Bill 68 seeks to clarify the meaning of the definition of"meetings" under the
Municipal Act, 2001 to meet the recent Ombudsman decisions. Once Bill 68 is
passed, this may require updates to the Code of Conduct and perhaps the
procedural by-law.
2. Bill 68 seeks to increase the powers being granted to integrity commissioners
to investigate conflict of interest matters which would be accomplished by
proposed amendments to the Municipal Conflict of Interest Act. Once Bill 68
is passed, the attached appointment by-law may have to be amended to
include the newly granted powers to the Integrity Commissioner. See the
specific Bill 68 wording proposed below for the expansion of powers.
3. Bill 68 seeks to make it mandatory to have Codes of Conduct for Council.
Region of Durham has passed their Code of Conduct pursuant to Report
2016-A-40.
Page 2 of 3
Bill 68 Integrity Commissioner Proposed Amendment to Powers
Subsection 223.3 (1) of the Act
"19. (1) Subsection 223.3 (1) of the Act is repealed and the following
substituted:
Integrity Commissioner
(1) Without limiting sections 9, 10 and 11, those sections authorize the
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 with respect to any or all of the following:
1. The application of the code of conduct for members of council and the
code of conduct for members of local boards or of either of them.
2. The application of any procedures, rules and policies of the municipality
and local boards governing the ethical behaviour of members of council and of
local boards or of either of them.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of
Interest Act to members of council or of local boards.
4. The conducting of on the Commissioner's own initiative, inquiries about
whether a member of council or of a local board has contravened the code of
conduct applicable to the member or has contravened section 5, 5.1 or 5.2 orthe
Municipal Conflict of Interest Act.
5. Requests from members of council and of local boards for advice
respecting their obligations under the code of conduct applicable to the member.
6. Requests from members of council and of local boards for advice
respecting their obligations under a procedure, rule or policy of the municipality
or of the local board, as the case may be, governing the ethical behaviour of
members.
7. Requests from members of council and of local boards for advice
respecting their obligations under the Municipal Conflict of Interest Act.
8. The provision of educational information to members of council, members
of local boards, the municipality and the public about the municipality's codes of
conduct for members of council and members of local boards and about the
Municipal Conflict of Interest Act."
Page 3 of 3
Section 223.3 of the Act
"(2) Section 223.3 of the Act is amended by adding the following
subsections:
Request for advice shall be in writing
(2.1) A request by a member of council or of a local board for advice from the
Commissioner under paragraph 5, 6 or 7 of subsection (1) shall be made in
writing.
Advice shall be in writing
(2.2) If the Commissioner provides advice to a member of council or of a local
board under paragraph 5, 6 or 7 of subsection (1), the advice shall be in writing.
Content of educational information
(2.3) If the Commissioner provides educational information to the public under
paragraph 8 of subsection (1), the Commissioner may summarize advice he or
she has provided but shall not disclose confidential information that could identify
t a person concerned."
Section 223.3 of the Act
"20. The Act is amended by adding the following sections:
Provision for functions if no Commissioner appointed
223.3.1 If a municipality has not appointed a Commissioner under section 223.3,
the municipality shall make arrangements for all of the responsibilities set out in
subsection 223.3 (1) to be provided by a Commissioner of another municipality.
Provision for functions if responsibility not assigned
223.3.2 If a municipality has appointed a Commissioner under section 223.3, but
has not assigned functions to the Commissioner with respect to one or more of
the responsibilities set out in subsection 223.3 (1), the municipality shall make
arrangements for those responsibilities to be provided by a Commissioner of
another municipality.
21. Subsection 223.4 (1) of the Act is amended by striking out "or"at the
end of clause (a), by adding "or"at the end of clause (b) and by adding the
following clause:
(c) on the Commissioner's own initiative about whether a member of council
or of a local board has contravened the code of conduct applicable to the
member."
AT1ACHMENT#.,.2,.,.,...
The Corporation of the City of Pickering
By-law No. /16
Being a by-law to authorize the City of Pickering to
appoint Guy W. Giorno as the Integrity Commissioner for
the City of Pickering
Whereas Section 8 of the Municipal Act 2001 S.O. c. 25 provides in part that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising authority;
Whereas Section 223.4 to 223.8 of the Municipal Act, 2001 provides that an Integrity
Commissioner has certain powers and protections during investigations;
Whereas Council for the City of Pickering passed a resolution at its meeting of January
16, 2017 to authorize the execution of an agreement with Fasken Martineau DuMoulin
LLP that Guy W. Giorno be appointed as the Municipal Integrity Commissioner and for
Fasken Martineau DuMoulin LLP to facilitate the delivery of Integrity Commissioner
services.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That the Mayor and City Clerk are hereby authorized and instructed to execute on
behalf of the City of Pickering an agreement with Fasken Martineau DuMoulin LLP
for the appointment of Guy W. Giorno as the Municipal Integrity Commissioner and
also to provide the required services for Municipal Integrity Commissioner (the
"Agreement") on such terms and conditions as were presented in the Region of
Durham Request For Proposal and such other terms and conditions as may be
required and approved to give effect to the Agreement.
2. That the Agreement provide that Guy W. Giorno be appointed for a term from the
date of January 1, 2017 to the end of the current term of Pickering Council and the
entire subsequent term of Pickering Council.
3. That an agreement with Fasken Martineau DuMoulin LLP and Guy W. Giorno
being appointed as the Municipal Integrity Commissioner provide for the following
roles and services:
ROLE:
(a) The role of the Municipal Integrity Commissioner is to advise Members of
Council to ensure that they are performing their functions in accordance with
the City of Pickering Code of Conduct and other applicable legislation,
procedures, rules or policies governing their ethical behaviour.
(b) The Municipal Integrity Commissioner will serve the public interest and is
granted authority under the Municipal Act, 2001 to educate, advise and
investigate the conduct of Members of Council.
DUTIES
The Municipal 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, 2001 with respect to the application of the Code of Conduct for Members
of Council of the City of Pickering, including any legislation, procedures, rules and
policies of the City of Pickering governing the ethical behaviour of the Members of
Council. The mandate of the Municipal Integrity Commissioner will include:
(a) Provision of advice and education upon request by a Member of Council, the
City Clerk or by Council as a whole, regarding ethical obligations and
responsibilities under their Code of Conduct, and any other legislation, rules
or policies governing their ethical behaviour; and
(b) Receiving, assessing and investigating where appropriate, complaints made
by Council, a member of Council, a member of staff, or a member of the
public respecting an alleged breach of the Code of Conduct for the Members
of Council of the City of Pickering through the provisions of the Code of
Conduct and the Complaint Procedure for Council Code of Conduct.
(c) Giving advice on policy issues and the workings of the Municipal Integrity
Commissioner's office.
REPORTING TO COUNCIL
(a) The Municipal Integrity Commissioner will report directly to Council with a report
containing the results of investigations and one annual report summarizing the
year's activities, observations and any resulting general recommendations.
OTHER GENERAL PROVISIONS
(a) That should the Municipal Integrity Commissioner conduct an investigation or
provide any other service, it shall do so in accordance to the terms and
conditions of the Agreement executed between it and the City of Pickering
and shall adhere to all applicable laws, statutes and established policies and
procedures.
(b) That should the City of Pickering desire any further services from the
Municipal Integrity Commissioner outside what is outlined in this by-law, the
Municipal Integrity Commissioner may oblige in providing such other
services, so long as the respective Council of the municipality requesting
such other service has passed a resolution through their respective Council
to authorize the other services. If authorized to do so, the hourly fee will be
charged in accordance to the Agreement.
By-law passed this 16 day of January, 2017.
David Ryan, Mayor
Debbie Shields, City Clerk