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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 /