HomeMy WebLinkAboutBy-law 7538/17 The Corporation of the City of Pickering
By-law No. 7538/17
• 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.
By-law No. 7538/17 Page 2
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 16th day of January, 2017.
David Ryan,
Lisa Harker, Deputy Clerk