HomeMy WebLinkAboutBy-law 7684/19The Corporation of the City of Pickering
By-law No. 7684/19
Being a by~law to confirm the appointment of Guy W.
Giorno as the Integrity Commissioner for the City of
Pickering.
Whereas Section 8 of the Municipal Act 2001 S. 0. 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 Section 223.3 to 223.8 of the Municipal Act, 2001, provides that an
Integrity Commissioner has certain powers and protections during investigations;
And Whereas, Council of the City of Pickering adopted Code. of Conduct Policy ADM
070 on March 26, 201.2 and adopted a revised Policy on March 25, 2019;
And Whereas Council entered into an agreement with Faskin Martineau Dumoulin LLP
on February 14, 2017 to provide Integrity Commissioner Services to the City;
And Whereas changes to the Municipal Act, 2001 and the Municipal Conflict of lnteres.t
Act, 1990 through Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017, have
expanded the role of the Integrity Commissioner;
And Whereas Council wishes to amend the agreementwith Faskin Martineau Dumoulin
to include the additional responsibilities as .outlined in the Municipal Act and Municipal
Conflict of Interest Act effective March.1, 2019.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That an original agreement with Fasken Martineau Dumoulin LLP for the
appointment of Guy W. Giorno as the Integrity Commissioner for the City of
Pickering was executed on February 14, 2017 (the Agreement) on such terms and
conditions as were presented in the Region of Durham's Request For Proposals,
and the parties are executing an Amending Agreement to meet the legislative
change requirements coming into effect on March 1, 2019 as a result of Bill 68
amendments to the Municipal Act and the Municipal Conflict of Interest Act.
2. That outside of the terms of the amending agreement, that all other terms and
conditions of the original agreement, including the duration of the original
agreement remain the same, being the term which had commenced on January
1, 2017 and will continue through fo the end .of this current term of Council on
November 14, 2022.
3. That the agreement with Fasken Martineau Dumoulin LLP and Guy W. Giorno as
the City's Integrity Commissioner provide the following roles and services:
Role:
By-law No. 7684/19 Page 2
The role of the Regional 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 behavior 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.
g) Provide educational information to Members of Council and local boards.
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 Ac;t, 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
governing the ethical. behav.iour of the Members of Council. The mandate of the
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 ofConduct, 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 aUeged 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.
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.
By-law No. 7684/19 ·Page 3
d) Giving .advice on policy issues and the workings of the Integrity Commissioner's
office.
e) All advice being provided in writing in accordance to the requirements of s.
223.3(2.2)
Reporting to Council:
a) The Integrity Commissioner will report directly to Pickering Council with 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 Council impose penalties in
accordance with the Municipal Act, 2001 if in the opinion of the Regional
Integrity Commissioner, a Member of Council has contravene.d the Code of
. Conduct. ·
Other General Provisions:
a) That should the Integrity Commissioner conduct an investigation or provide 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 their hourly fee in accordance with the Agreement for such other
services.
c) That all services provided by the Integrity Commissioner conform to all the
statutory requirements of s. 223.3 to 2.23.8 of the Municipal Act S. 0., 2001.
By-law 7538/17 is hereby repealed.
By-law passed this 25th day of March, 2019,
Sus✓1ah Cassel, City Clerk
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