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Minutes

Special General Committee

January 27, 2014

Meeting Number 4

 

 

                                                                                                                       

                Alternate formats are available upon request.

 

 

Attendance

 

Mayor Frank Scarpitti

Deputy Mayor Jack Heath

Regional Councillor Jim Jones

Regional Councillor Gord Landon

Regional Councillor Joe Li

Councillor Valerie Burke

Councillor Howard Shore

Councillor Don Hamilton

Councillor Carolina Moretti

Councillor Colin Campbell

Councillor Alan Ho

Councillor Logan Kanapathi

Councillor Alex Chiu

Andy Taylor, Chief Administrative Officer

Jim Baird, Commissioner of Development Services

Trinela Cane, Commissioner of Corporate Services

Brenda Librecz, Commissioner of Community & Fire Services

Catherine Conrad, City Solicitor

Kimberley Kitteringham, City Clerk

Martha Pettit, Deputy City Clerk

Sharon Laing, Director of Human Resources

Stephen Huycke, Public Services & Records Coordinator

Alida Tari, Council/Committee Coordinator

 

 

 

 

The General Committee Education & Training session convened at the hour of 1:09 PM. with Councillor Alex Chiu as Chair.  Mayor Frank Scarpitti assumed the Chair at 1:11 PM.

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None disclosed.

 

 


 

2.         EDUCATION AND TRAINING FOR MEMBERS OF COUNCIL
            ON THE COUNCIL CODE OF CONDUCT (16.23)

            D. Cameron Presentation          J. Rosen Presentation                Code of Conduct

 

Kimberley Kitteringham, City Clerk addressed the Committee and provided a very brief background with respect to the Council Code of Conduct.

 

Justice Donald R. Cameron delivered a presentation outlining the process for filing a Code of Conduct complaint.

 

Jenn Rosen, ADR Professional delivered a brief presentation relative to the Council Code of Conduct Complaint Protocol.

 

The Committee enquired whether the complainant's name is released publicly.  Justice Cameron advised that he would provide that information to the Member of Council that the complaint was filed against, but not provide it in the report.

 

There was considerable discussion relative to when a request for investigation of a complaint may not be filed (within 90 days of the next general election).  It was noted that this Council Code of Conduct only applies to current Members of Council.  Staff advised that the Code of Conduct only applies to Members of Council in their role as the Mayor or a Councillor and not as candidate. 

 

The Committee briefly discussed the authority that the Integrity Commissioner has to exercise of the powers of a commission under the Public Inquires Act.

 

There was discussion relative to the two types of penalties that may be imposed if the Integrity Commissioner decides that a Member of Council has contravened the Code of Conduct (reprimand the Member or suspend the remuneration paid to the Member of Council in respect of their services as a Member of Council for a period of up to 90 days).  The Committee discussed whether Council should limit its ability to impose a penalty greater than that recommended by the Integrity Commissioner.

 

The Committee enquired when a Member of Council discloses a pecuniary interest on an item whether this precludes him/her hiring a lawyer on their behalf to represent them before Council or Committee on that item?  Staff advised that they will look into this scenario.

 

The Committee suggested that staff report back on the following with respect to the Council Code of Conduct:

·                    Generalize Section 1 V under Investigation Protocol and remove the words " respecting a member who is seeking re-election"

·                    Black out period (within 90 days of the next general election) – whether the Code of Conduct should not apply to members during the blackout period and whether complaints must be filed by the end of the existing term


 

·                    Penalties - Can/should Council limit its ability to impose a penalty greater than that recommended by the Integrity Commissioner

·                    Review the supplementary information that will be posted to the website relative to the Council Code of Conduct

·                    Ensure the Code of Conduct reflects all the revisions previously required by Committee/Council

 

Moved by Councillor Alex Chiu

Seconded by Councillor Logan Kanapathi

 

That the presentation from Justice Donald R. Cameron regarding the process for filing a Code of Conduct complaint be received; and,

 

That the presentation from Jenn Rosen, ADR Professional relative to the Council Code of Conduct Complaint Protocol be received.

CARRIED

 

 

 

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

 

That the General Committee meeting adjourned at 3:10 PM

 

CARRIED

 

 

 

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