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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