Proposed changes to the Code of Conduct for Members of Council

Hi Marianne,

You are no doubt aware of plans coming to committee, which propose to limit or even essentially prevent Councillors from doing the job (see below), for which they have been elected.

More specifically, councillors are to be excluded from influencing decisions of City employees or officers of the City. The sweeping amendments are so broad that they appear to be intended to prevent our elected representatives from meaningfully participating in the management of the City.

Election of councillors by its very nature is a political act, so what justification for bringing forward a resolution that precludes them from exercising influence on City employees for political reasons? Why, then, do we have municipal elections? Surely councillors' representation of their wards is essentially a political function?

I'm concerned that this has all the marks of a move to divest our elected representatives of power by concentrating it even further in the hands of unelected interests.

What are your thoughts on this initiative and how do you perceive the motivation behind it? Please correct me if I have misconstrued anything in the above.

Best regards,

Mik

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WHEREAS the Provincial Offences Act – Conflict of Interest Policy applies to Members of Council and prohibits any person from attempting to influence or interfere, either directly or indirectly, financially, politically or otherwise with any employees, officers or other persons performing duties in the administration of the Act; and

WHEREAS Members of Council are expected to refrain from intervening in recruitment, staffing and individual labour relations matters; and

WHEREAS Members of Council are expected to refrain from intervening in matters before an adjudicative tribunal to avoid the perception of using his or her influence improperly, particularly where City Council has a role in the appointment or reappointment of tribunal members; and

WHEREAS there is desire for further clarity in the Code of Conduct for Members of Council regarding how Section V (Improper Use of Influence) relates to the above-noted matters;

THEREFORE BE IT RESOLVED that the second paragraph of Section V (Improper Use of Influence) of the Code of Conduct for Members of Council (pgs. 71-72) be replaced with the following:

“In the same manner, Members of Council shall not attempt to influence or interfere, either directly or indirectly, financially, politically or otherwise with the decisions of City employees or officers of the City or appointed members of an adjudicative tribunal charged with making decisions as part of an independent, arms-length process.

This includes matters relating to the Provincial Offences Act (as outlined in the Provincial Offences Act – Conflict of Interest Policy), the City’s recruitment, staffing and individual labour relations policies, protocols and actions (save for their own offices), and the City’s adjudicative tribunals including the Committee of Adjustment and the Property Standards and License Appeals Committee.”