Accountability & Transparency

1. Table of Contents

A.     General Introduction. 3

B.     Framework and Interpretation. 4

Definitions. 5

C.     Guiding Principles. 4

D.     Specific Rules. 6

Rule No. 1 - Avoidance of Conflicts of Interest 6

Rule No. 2 - Gifts, Benefits and Hospitality. 10

TABLE 1 - Gift Treatment and Disclosure. 13

Rule No. 3 - Member’s Role in Charitable/Community Events: 15

Rule No. 4 - Confidential Information. 17

Rule No. 5 - Use of Town Resources. 19

Rule No. 6 - Election Campaigns. 20

Rule No. 7 - Improper Use of Influence. 22

Rule No. 8 - Business Relations. 23

Rule No. 9 - Member Conduct (Council and Committee Meetings) 23

Rule No. 10 - Media Communications. 24

Rule No. 11 - Respect for Town By-laws and Policies. 25

Rule No. 12 - Respectful Workplace. 25

Rule No. 13 - Conduct Respecting Staff 26

Rule No. 14 - Employment of Council Relatives/Family Members. 27

Rule No. 15 - Not Undermine, Work Against Council’s Decisions. 28

Rule No. 16 - Reprisals and Obstruction. 29

Rule No. 17 - Acting on Advice of Integrity Commissioner 30

Rule No. 18 – Implementation and Ongoing Training. 30

COUNCIL CODE OF CONDUCT  COMPLAINT PROTOCOL. 32

Classification by Integrity Commissioner 33

Investigation: 34

Council Review.. 36

Confidentiality. 37

Schedule “A” Complaint

1. General Introduction

Members of Collingwood Council and Local Boards, both adjudicative and non-adjudicative, recognize their obligation to serve their constituents and the public in a conscientious and diligent manner understanding that as leaders of the community, they are held to a higher standard of behaviour and conduct.

Members recognize that ethics and integrity are at the core of public confidence in government and in the political process; that Members are expected to perform their duties in office and arrange their private affairs in a manner that promotes public confidence, avoids the improper use of influence of their office and conflicts of interests, both apparent and real.  They recognize the need to uphold both the letter and the spirit of the law including policies adopted by Council.

Given the high ethical standards imposed on Members, it is important to recognize that the principles, rules and commentary set out in this Code of Conduct are to be applied purposively, in support of the public interest. The Code is a policy document intended to guide sound ethical practices and behaviours, and is not to be read as simply a list of strictly applied offences.  Further, the standards in the code are not intended to apply to activities entirely outside the Member’s role in serving the Town, although it is important for Members of Council to recognize that in many aspects of community life a Member of Council is perceived as a Member of Council ‘24/7’, and that personal behaviour can sometimes be associated with a person’s role as an elected official.

While this Code of Conduct sets out standards which a Member must meet. In interpreting those standards in order to provide advice or in consideration of the merits of a complaint, the Integrity Commissioner will review each circumstance in its proper context, and adopt the perspective of the reasonable person, a person who is reasonably aware of all the relevant facts and circumstances and who can come to a reasonable, independent conclusion based on the facts at hand.

This approach will ensure that the Code of Conduct is not interpreted in a way which would impact a Member’s personal, professional or business affairs in circumstances entirely separate from their role as a Member.  Members are encouraged to seek advice from the Integrity Commissioner if they have concerns that a potential interpretation might unreasonably impact their non-Town activities.

This Code of Conduct is consistent with the principles of transparent and accountable government, and reflective of the Town’s vision of offering residents and visitors a lifestyle of healthy activities, inclusive community connections, civic pride, arts, and culture in a beautiful setting, and is a hub of successful entrepreneurs and businesses offering rewarding jobs, while leveraging and protecting the municipality’s core strengths.

Guiding Principles

1. Members shall serve the public in a conscientious and diligent manner, with focus on the importance of certainty in reconciling the public duties and pecuniary interests of members.
2. Members shall be committed to performing their functions with integrity, objectivity, transparency, and accountability to promote public trust and confidence.
3. Members shall perform their duties of office and arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny.
4. There is a benefit to municipalities when members have a broad range of knowledge and continue to be active in their own communities, whether in business, in the practice of a profession, in community associations, and otherwise.
5. Members are responsible for complying with all provincial and federal legislation, the Lobbyist Code of Conduct and other applicable Town bylaws, and Town policies  pertaining to their position.  

B. Framework and Interpretation

1. This Code of Conduct applies to all Members. It is to be given broad, liberal interpretation in accordance with applicable legislation and the definitions set out herein. As a living document the Code of Conduct will be brought forward for review at the end of each term of Council, when relevant legislation is amended, and at other times when appropriate to ensure that it remains current and continues to be a useful guide to Members.
2. Commentary and examples used in this Code of Conduct are illustrative and not exhaustive. From time to time additional commentary and examples may be added to this document by the Integrity Commissioner and supplementary materials may also be produced as deemed appropriate.
3. Where an elected official discloses all known facts to the Integrity Commissioner and as long as those facts remain unchanged, the Member may rely on written advice provided by the Integrity Commissioner. The Integrity Commissioner will be bound by the advice given, as long as the facts remain unchanged, in the event that they are asked to investigate a complaint.
4. Elected Officials seeking clarification, guidance or advice of any part of this Code should consult with the Integrity Commissioner.
5. The Municipal Act, 2001 is the primary piece of legislation governing municipalities however there are other statutes that govern the conduct of elected municipal officials. It is intended that the Code of Conduct operate together with and as a supplement to the following:

• Municipal Act, 2001;
• Municipal Conflict of Interest Act, 1990;
• Municipal Elections Act, 1996;
• Municipal Freedom of Information and Protection of Privacy Act, 1990;
• Ontario Human Rights Code;
• Occupational Health and Safety Act, 1990;
• Criminal Code of Canada;
• By-laws and policies of Council as adopted and amended from time to time, including but not limited to the procedural by-law, procurement by-law and social media policy.

Definitions

For the purposes of this Code:

“child” means a child born within or outside marriage and includes an adopted child and a person whom a parent has demonstrated a settled intention to treat as a child of their family.

“Code of Conduct” " means the “Town of Collingwood Code of Conduct for Members of Council and Local Boards”.

“committee” means any Standing Committee or similar entity of which at least 50 per cent of the Members are also Members of one or more Council or Local Boards, as prescribed in the Town’s Procedural By-law.

“complainant” means a person who has filed a complaint under the Code of Conduct.

“complaint” means an alleged contravention of this Code;

“council” means the Council of The Corporation of the Town of Collingwood;

“family” includes: 

• Spouse, common-law partner, or any person with whom the person is living as a Spouse outside of marriage 
• Parent, including step-parent and legal guardian 
• Child, including step-child and grandchild 
• siblings and children of siblings 
• aunt/uncle, niece/nephew, first cousins 
• in-laws, including mother/father, sister/brother, daughter/son 
• grandparents, including in-law grandparents
• any person who lives with the Member on a permanent basis

“integrity commissioner” shall mean the Integrity Commissioner appointed by Council to provide independent and consistent complaint investigation and resolution respecting the application of the Code of Conduct.

"local board" means a board, commission, quasi-judicial committee, body or local authority of the Town established or exercising authority under any general or special Act for municipal purposes.

“meeting” means any regular, special, or other meeting of a council or local board, where,

1. a quorum of members is present, and
2. members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council or local board.

“Member” means any person duly elected or appointed to serve on the Council or Standing Committee or Other Local Boards of the Town.

“parent” means a parent who has demonstrated a settled intention to treat a child as a member of their family. 

“social media” means publicly available, third party hosted, interactive web technologies used to produce, post and interact through text, images, video and audio to inform, share, promote, collaborate or network.

“spouse” means a person to whom the person is married or with whom the person is living in a conjugal relationship outside of marriage.

“staff” includes the Chief Administrative Officer, Directors, Managers, Supervisors, and all non-union and union staff whether full-time, part- time, contract, seasonal or volunteers.

“nomination day” means the last day for filing or withdrawing a nomination as provided for by the Municipal Elections Act, 1996.

C. Specific Rules

Rule No. 1 - Avoidance of Conflicts of Interest

In this Rule:

1.  “Disqualifying interest” means an interest in a matter that, by virtue of the relationship between the Member and other persons or bodies associated with the matter, is of such a nature that reasonable persons fully informed of the facts would believe that the Member could not participate impartially in the decision-making processes related to the matter.
2. “Non-disqualifying interest” means an interest in a matter that, by virtue of the relationship between the Member and other persons or bodies associated with the matter, is of such a nature that reasonable persons fully informed of the facts would believe that the Member could participate impartially in the decision-making processes related to the matter so long as:

The Member fully discloses the interest so as to provide transparency about the relationship; and

The Member states why the interest does not prevent the Member from making an impartial decision on the matter.

1. Members shall avoid situations of real or apparent conflict of interest or bias. 
2. Members shall avoid participating in or influencing a proceeding when the member, or another person with whom the member has a close personal or professional relationship, has a financial or other private interest that may be affected by the proceeding or its outcome.
3. Members shall not participate in the decision-making processes associated with their office when prohibited from doing so by the Municipal Conflict of Interest Act.
4. Members shall not participate in the decision-making processes associated with their office when they have a disqualifying interest in a matter.
5. For greater certainty:
   
   1. Members shall not participate in the decision-making processes associated with their office when they have a direct, indirect or deemed pecuniary interest in a matter, except in compliance with the Municipal Conflict of Interest Act.
   2. Members shall not participate in the decision-making processes associated with their office when they have an interest that though in compliance with the Municipal Conflict of Interest Act, is nevertheless a disqualifying interest by virtue of the nature of the relationship between the Member and other persons or bodies to be affected by the decision.
6. Treatment of Non-Disqualifying Interests:
   
   1. Members may participate in the decision-making processes associated with their office when they have a non-disqualifying interest provided, they file at their earliest opportunity a Transparency Disclosure in a form and manner established by the Town Clerk acting in consultation with the Integrity Commissioner.
   2. Transparency Disclosures are public documents and shall be available for public viewing on the Town web site.
   3. The determination of whether an actual disqualifying interest or an actual non-disqualifying interest exists, when challenged, is subject to the determination by the Integrity Commissioner of whether a reasonable person fully informed of the facts would believe that the Member could not participate impartially in the decision-making processes related to the matter. 

7. Members who seek advice from the Integrity Commissioner with respect to the application of this Rule may rely on the provisions of Part B. "Framework and Interpretation" (paragraph 3) and the Rule 17, "Acting on Advice of Integrity Commissioner."
8. Members shall avoid any interest in any contract made by them in an official capacity and shall not contract with the Town or any agency thereof for the sale and purchase of supplies, material or equipment or for the rental thereof.
9. Members, while holding public office, shall not engage in an occupation or the management of a business that conflicts with their ability to diligently carry out their role as a Member, and shall not in any case profit directly from such business that does or has contracted with the Town of Collingwood.

10. Despite paragraph 7., a Member may hold office or a directorship in an agency, board, commission or corporation where the Member has been appointed by Town Council or by the Council of the County of Simcoe, or by the Federal or Provincial Government.
11. Despite paragraph 7. a Member may hold office or directorship in a charitable, service or other not-for-profit corporation if the member does not have a conflict between their private interest and public duty. If a member is unsure about a potential conflict they are encouraged to disclose all material facts to the Integrity Commissioner and obtain a written opinion from the Integrity Commissioner approving the activity, as carried out in the specified manner, which concludes that the Member does not have a conflict between their private interest and public duty. In circumstances where the Integrity Commissioner has given the Member a qualified opinion, the Member may remedy the situation in the manner specified by the Integrity Commissioner.
12. JI Rec 19 – Requirement for Members to disclose their financial information. 

Rule No. 2 - Gifts, Benefits and Hospitality

In this Rule:

“Gift” means money, fee, advance, payment, gift, gift certificate, promise to pay, property, travel, accommodation, entertainment, hospitality or any other personal benefit connected directly or indirectly with the performance of a Member’s duties of office, but excludes:

1. Compensation authorized by law
2. Political contributions otherwise reported by law, in the case of Members running for office
3. Services provided by persons volunteering their time
4. Contributions of value that are specifically addressed in other provisions of this Code
5. Gifts provided to the Town of Collingwood and which are logged, archived and/or publicly displayed as such

A Gift provided with the Member’s knowledge to a Family Member or to a Member’s staff that is connected directly or indirectly to the performance of the Member’s duties, is deemed to be a Gift to that Member.

“Token of Appreciation” means such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation, or which are a suitable memento of a function honouring the Member.

“Official Hospitality” means food, lodging, transportation and entertainment provided by Provincial, Regional and local governments or political subdivisions of them, by the Federal government or by a foreign government within a foreign country or at a conference, seminar or event where the Member is either speaking or attending in an official capacity at an official event (such as at meetings of AMO, FCM, or conducted by providers of continuing education).  

“Business Hospitality” means entertainment, food and beverages consumed at banquets, receptions, or similar events, if:

1. attendance serves a legitimate business purpose;
2. the person extending the invitation, or a representative of the organization is in attendance; and
3. the value is reasonable and the invitations infrequent.

“Publications” means communication to the offices of a Member, including subscriptions to newspapers, and periodicals.

1. No Member shall accept any Gift unless expressly permitted by this Rule.
2. No Member shall accept any Gift involving the use of property or facilities, such as a vehicle, office, club membership or vacation property at less than reasonable market value or at no cost.  Notwithstanding this prohibition, with specific approval provided by Council, a Member may be sponsored to attend educational site visits connected with an identified project.
3. Members shall not accept gifts that would, to a reasonable person, appear to be in gratitude for influence, to induce influence, or otherwise to go beyond the necessary and appropriate public functions involved. For these purposes, a gift, benefit or hospitality provided with the Member’s knowledge to a Member’s family, or to a Member’s staff that is connected directly or indirectly to the performance of the Member’s duties is deemed to be a gift to that Member.
4. No Member shall knowingly accept gifts or benefits of any kind from any bidder or potential bidder in either the pre-procurement phase or during the procurement process.
5. Gifts identified in Column B of Table ‘1’ may be accepted by a Member provided the Gift is disclosed in accordance with the conditions set out in Column ‘C’.
6. Gift Disclosure, where required, is to be accomplished by filing within 30 days of receipt of the gift or reaching the annual limit, a Councillor Information Statement in a form prescribed by the Integrity Commissioner and providing same to the Town Clerk for posting on the Town’s web site.
7. Gifts identified in Column B shall not be accepted, without the Integrity Commissioner’s specific approval, when the conditions set out in Column ‘D’ are applicable.
8. In providing advice to a Member about their obligations respecting Gifts, or in considering any inquiry with respect to a Councillor Information Statement or an assertion that this Rule has be breached, or in providing consent, where required, that a Gift may be accepted, the Integrity Commissioner shall determine whether the receipt of the Gift or might, in the opinion of the Integrity Commissioner, create a conflict between a private interest and the public duty of the Member. In the event that the Integrity Commissioner makes that preliminary determination, they shall call upon the Member to justify receipt of the gift or benefit.
9. Should the Integrity Commissioner determine the receipt of a Gift was inappropriate, the Integrity Commissioner may direct the Member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, or the Integrity Commissioner may order the Member to forfeit the gift or remit the value of any gift or benefit already consumed to the Town, or a Town agency, board or commission. Any such direction ordered by the Integrity Commissioner shall be a matter of public record.
   

TABLE 1 - Gift Treatment and Disclosure

Rule No. 3 - Member’s Role in Charitable/Community Events:

There are a range of expenses that support a Member’s role in community development and engagement activities within the Town. For federal and provincial elected officials, these expenses are often paid for by Riding Association funds. Municipal elected officials do not have this benefit. Members should refer to the Council Professional Development and Discretionary Expense Policy policy for guidance of expenses eligible for reimbursement.

1. As community leaders, Members may lend their support to and encourage community donations to registered charitable, not-for-profit and other community-based groups. Monies raised through fundraising efforts shall go directly to the groups or volunteers or chapters acting as local organizers of the group and Members should not handle any funds on behalf of such organizations.

   Members routinely perform important work in supporting charitable causes and in so doing, there is a need for transparency respecting the Member’s involvement. The following guidelines shall apply:

1. Members should not in their capacity as a Member of Council directly or indirectly manage or control any monies received relating to community or charitable organizations fundraising to ensure that the member is not implicated in a situation where monies could be misappropriated.
2. Members  or persons acting on behalf of a Member shall not solicit or accept support in any form from an individual, group or corporation, with any pending significant planning, conversion or demolition variance application or procurement proposal before Town Council, which the Member knew or ought to have known about.
3. With reference to member-organized community events, Members must report to the Integrity Commissioner, the names of all donors and the value of their donation that supplement the event.
4. Where a Member sponsors and/or lends support to a community or charitable event, this Code recognizes that all donations are subject to the Council Professional Development and Discretionary Expense Policy.
5. No donation cheques should be made payable to a Member or to the Town of Collingwood. Members may only accept donation cheques made payable to a Business Improvement Association, charity or community group and only for the purpose of passing the cheques on to such group.

2. Nothing included herein affects the entitlement of a Member to:
   
   1. use the Member’s office expense budget champion or support community events subject to the terms of the Council Professional Development and Discretionary Expense Policy section relating to community expense events;
   2. urge constituents, businesses or other groups to support community events and advance the needs of a charitable organization put on by others across the Town of Collingwood;
   3. play an advisory ex officio or honorary role in any charitable or non- profit organization that holds community events in the Town of Collingwood; and
   4. collaborate with the Town of Collingwood and its agencies, boards, or commissions to hold community events.
   5. be engaged in a role that requires the handling of money in an organization that has established money-handling procedures.

Rule No. 4 - Confidential Information

1. No Member shall disclose the content of any such matter, or the substance of deliberations, of the in-camera meeting until the Council or Committee discusses the information at a meeting that is open to the public or releases the information to the public.
2. No Member shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, except where required by law or authorized by Council to do so.
3. No Member shall use confidential information for personal or private gain, for the gain of family members, or of any person or corporation. This information includes emails and correspondence from other Council members or third parties that were provided for confidential use.
4. No Member should directly or indirectly benefit, or aid others to benefit, from knowledge respecting bidding on the sale of Town property or assets.
5. Members should not access or attempt to gain access to confidential information in the custody of the Town unless it is necessary for the performance of their duties and is not prohibited by Council policy.
6. No Member shall use confidential information including information that they have knowledge of by virtue of their position that is not in the public domain, including e-mails and correspondence from other Members, or third parties, for personal or private gain, or for the gain of relatives or any person or corporation or to cause detriment to Council or the Town.
7. The maintenance of confidentiality is a continuing obligation and does not cease when a Member ceases to be a Member.

Where it is clear that a communication was not made in a confidential manner (i.e. copied to others, or made in the presence of others) or the manner of communication undermines the validity of labelling it “Confidential”, such communication will not be given any higher level of confidentiality than any other communication. The words “Privileged”, “Confidential” or “Private” will not be understood to preclude the appropriate sharing of the communication for the limited purpose of reviewing, responding, or looking into the subject-matter of the communication.

Rule No. 5 - Use of Town Resources

1. No Member shall use for personal purposes any Town staff services, property, equipment, services, supplies, websites, apps or other Town-owned materials, other than for purposes connected with the discharge of Town duties.
2. No Member shall obtain personal financial gain from the use or sale of Town developed intellectual property (for example, inventions, creative writings and drawings), computer programs, technical innovations or any other item capable of being patented. Members acknowledge and do not dispute that all such property remains exclusively that of the Town of Collingwood.
3. No Member shall use information gained in the execution of their duties that is not available to the general public, for any purposes other than their official duties.

4. No Member shall use the services of Town staff or make requests for documents or information from Town staff, unless such service or information is required for the purpose of carrying out their duties as public officials.
5. No Member shall include in their website, newsletters, E-mails or other printed material, the advertising of businesses in the Town, including the distribution of gift certificates, free tickets and compiling a list of businesses located in the Town. Attending and reporting the opening of a new business or a business event in the Town is permissible and a Member may thank verbally or in a newsletter, a business by name or an employee of that business, which contributes to a Town event provided that no such recognition shall constitute an endorsement of such business.

Rule No. 6 - Election Campaigns

1. Members are required to follow the provisions of the Municipal Elections Act, 1996 and Members are accountable under the provisions of that statute.
2. No Member shall use the facilities, equipment, supplies, services, staff or other resources of the Town (including Councillor newsletters, individual websites linked through the Town’s website and social media accounts used for communication) for any election campaign or campaign-related activities and all such sites shall not use the Town of Collingwood logo.
   
   1. If a Member uses any social media account for campaign purposes, such account must not be created or supported by Town resources or use the Town logo. Social media accounts used for campaign purposes must utilize personal cell phones, tablets and/or computers.
   2. To avoid confusion with any website or social media accounts used for Council Member work, Council members who choose to create or use social media accounts for campaign communications must include, for the duration of the campaign, a clear statement on each campaign website or social media account’s home page indicating that the account is being used for election campaign purposes.
   3. Despite the foregoing, Members are allowed to place campaign phone numbers, websites and E-mail addresses on the election pages on the Town’s website, which is available and authorized for use by all candidates for municipal and school board office.
3. In a municipal election year, commencing Nomination Day, being the third Friday in August in the year of the election (August 19, 2022) until the date of the election (October 24, 2022), Members may not publish Councillor newsletters or distribute them in municipal facilities. All newsletters distributed through the mail must be post- marked by no later than Nomination Day, being the third Friday in August in the year of the election (August 19, 2022) in an election year. Members may, during such period, use Town facilities to communicate important notifications to the residents of the Town by E-mail in normal Outlook format or by letter on the Councillor’s stationery. 
4. In a municipal election year, commencing on Nomination Day, being the third Friday in August in the year of the election (August 19, 2022), until the date of the election (October 24, 2022), no candidate including Members, may directly or indirectly, book any municipal facility for any purpose that might be perceived as an election campaign purpose where voting is to occur or a voter help centre have been established and further identified in the Use of Corporate Resources and Election Campaign Activities Policy.
5. Members shall be respectful of the role of the Town Clerk in managing the municipal election process and meeting all statutory requirements in respect thereof. The Town Clerk must ensure all candidates are treated equally and no candidate for elected office should interfere with how the Clerk carries out these duties.

1. No Members shall use the services of persons for campaign related Activities during hours in which those persons receive any compensation from the Town.
2. The Integrity Commissioner may at any time be consulted with regard to complying with any part of Rule 6 and may rule on whether any activity by staff in a Councillor’s office during an election year is prohibited election work or permitted activity sufficiently unrelated to the election.
3. No Member, while identifying themselves as a member of a Local Board, shall undertake any election campaign or election-related activities or work on, fund-raise, endorse or otherwise contribute to the election campaign of any person running in the municipal election for the municipality where the member serves on the Local Board.
4. The Integrity Commissioner will hold a voluntary meeting for prospective candidates seeking to become Members in a municipal election at the Town. The session will include educating potential candidates on conflicts of interest, the Code of Conduct for Council members, and all relevant policies and statutory provisions. This information will enable individuals to make informed choices about seeking election to the Collingwood Town Council.

Rule No. 7 - Improper Use of Influence

1. No Member shall use the influence of their office for any purpose other than for the exercise of their official duties.
2. Members shall not contact members of any tribunal regarding any matter before it, such as the Committee of Adjustment, which is charged with making independent decisions and whose members have been appointed by Council. Members may with prior written notice to the Committee of Adjustment Secretary/Treasurer, infrequently attend meetings to provide the Committee of Adjustment with history and context of an application before the Committee. Members may send a letter or E-mail addressed to the Secretary of such tribunal expressing the views of the member on behalf of the community. 
3. If Council has taken a position in an Local Planning Appeal Tribunal/Ontario Land Tribunal (“LPAT/OLT”) matter and instructed the Town Solicitor to appear at a hearing in support of such position, no Member who disagrees with such position, shall give evidence at such hearing or otherwise work against the will of Council in such matter. With the consent of the lawyer assigned to represent the Town at an LPAT/OLT hearing, a Member who is in support of the Council instructions to such lawyer, may give evidence at an LPAT/OLT hearing. Notwithstanding the above, if the LPAT/OLT has decided to mediate a dispute between parties in a matter, any Member may offer their services to assist with such mediation regardless of their position in the matter and participate, if approved by the LPAT/OLT mediator.
4. Pursuant to corporate policies, Town Council and not individual Members appropriately give directions to the Town CAO, and in turn the Chief Administrative Officer (CAO) directs Town staff. 

Rule No. 8 - Business Relations

1. No Member shall allow the prospect of their future employment by a person or entity to affect the performance of them to the Town, detrimentally or otherwise.
2. No Member shall borrow money from any person who regularly does business with the Town unless such person is an institution or company whose shares are publicly traded and who is regularly in the business of lending money, such as a credit union.
3. No Member shall act as a paid agent before Council or a committee of Council or any agency, board or committee of the Town.
4. No Member shall refer a third party to a person, partnership or corporation in exchange for payment or other personal benefit.

Rule No. 9 - Member Conduct (Council and Committee Meetings)

1. Members shall conduct themselves at Council and committee meetings with decorum in accordance with the provisions of the Procedural By-law.
2. Members shall endeavour to conduct and convey Council business and all their duties in an open and transparent manner (other than for those decisions which by virtue of legislation are authorized to be dealt with in a confidential manner in closed session), and in so doing, allow the public to view the process and rationale which was used to reach decisions and the reasons for taking certain actions.

3. Members shall make every effort to participate diligently in the activities of the committees, agencies, boards, commissions and advisory committees to which they are appointed by the Town or by virtue of being an elected official.

4. Members shall conduct themselves with appropriate decorum at all times.

Rule No. 10 - Media Communications

1. Members will accurately communicate the decisions of Collingwood Council, even if they disagree with the majority decision of Council, and by so doing affirm the respect for and integrity in the decision-making processes of Council.
2. Members will keep confidential information confidential, until such time as the matter can properly be made public.
3. In all media communications, including social media, members will treat each other, staff and members of the public with decorum, dignity and respect, and shall avoid messaging that amounts to abuse, bullying or intimidation.

Rule No. 11 - Respect for Town By-laws and Policies

1. Members shall encourage public respect for the Town and its by-laws and policies.
2. Members shall adhere to such by-laws, policies and procedures adopted by Council that are applicable to them.

Rule No. 12 - Respectful Workplace

1. Members are governed by the Town’s Human Resources Policy & Procedure Manual. All Members have a duty to treat members of the public, one another, and staff appropriately and without abuse, bullying or intimidation and to ensure that their work environment is free from discrimination and harassment.
2. All complaints received involving Members under the Town’s Human Resources Policy & Procedure Manual. shall be referred to the Integrity Commissioner for processing in accordance with both the said policy and the Council Code of Conduct Complaints Protocol.
3. The Ontario Human Rights Code applies in addition to the Town’s Human Resources Policy & Procedure Manual.

Rule No. 13 - Conduct Respecting Staff

1. No Member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities.
2. No Member shall use, or attempt to use, their authority for the purpose of intimidating, threatening, coercing, commanding or influencing any staff member with the intent of interfering in staff’s duties, including the duty to disclose improper activity.
3. Members shall be respectful of the role of staff to advise based on political neutrality and objectivity and without undue influence from any individual Member or faction of the Council.
4. No Member shall maliciously or falsely impugn or injure the professional or ethical reputation or the prospects or practice of staff or allow others to do so, and all Members shall show respect for the professional capacities of the staff of the Town.

Rule No. 14 - Employment of Council Relatives/Family Members

1. No Member shall attempt to influence the outcome, or to influence any Town employee to hire or promote a Family Member.
2. No Members shall make any decision or participate in the process to hire, transfer, promote, demote, discipline, or terminate any Family Member.
3. No Member shall supervise a Family Member, or be placed in a position of influence over a Family Member.
4. No Member shall attempt to use a family relationship for their personal benefit or gain.
5. Every Member shall adhere to the Town’s Recruitment and Selection section of Collingwood’s Human Resources Policy & Procedure Manual

Rule No. 15 - Not Undermine, Work Against Council’s Decisions

1. Members shall not actively undermine the implementation of Council’s decisions.

2. Members shall not engage in litigation or other legal challenges against the municipality or Council’s decisions. Despite this provision:
   
   1. Members may pursue a complaint or request for investigation under any of the oversight, transparency and accountability mechanisms provided under Part V.1 and under section 239 of the Municipal Act;
   2. Members may pursue a complaint or request for investigation under a statutory scheme dealing with access to information, the protection of privacy, or the protection of human rights;
   3. Members are not restricted from participating in litigation or other legal challenges if they are uniquely impacted by the decision, such as when Council has imposed a penalty or reprimand following a report of the Integrity Commissioner;
   4. Members are not restricted from participating in litigation or other legal challenges if they did not participate, and were not entitled to participate, in the deliberations and respective decision of Council, or in regard to which the Town has made a decision in regard to their interests, in circumstances where they are uniquely impacted by the decision.

                                           e. Members may seek to have a decision reconsidered in accordance with                                                     Procedural By-law.

Rule No. 16 - Reprisals and Obstruction

1. It is a violation of the Code of Conduct to obstruct the Integrity Commissioner in the carrying out of their responsibilities.
2. No Member shall threaten or undertake any active reprisal against a person initiating an inquiry or complaint under the Code of Conduct, or against a person who provides information to the Integrity Commissioner in any investigation.
3. It is a violation of the Code of Conduct to destroy documents or erase electronic communications or refuse to respond to the Integrity Commissioner where a formal complaint has been lodged under the Code of Conduct.

Rule No. 17 - Acting on Advice of Integrity Commissioner

1. Any written advice given by the Integrity Commissioner to a Member binds the Integrity Commissioner in any subsequent consideration of the conduct of the Member in the same matter, as long as all the relevant facts were disclosed to the Integrity Commissioner, and the Member adhered to the advice given.

Rule No. 18 – Implementation and Ongoing Training

1. At the beginning of each term, Members will be expected to meet with the Integrity Commissioner.
2. Members must receive training and education on the Code of Conduct, conflict of interest rules, and other pertinent legislation and policies which shall be administered by the Integrity Commissioner.
   
   1. No member shall, without reasonable excuse, fail to attend any scheduled training session.
   2. A public record of the subjects of the training sessions provided to Members as well as the attendance of Council members at the training sessions will be maintained.

December 2021

COUNCIL CODE OF CONDUCT 
COMPLAINT PROTOCOL

PART A:          INFORMAL COMPLAINT PROCEDURE

Any person or representative of an organization who has identified or witnessed behaviour or an activity by a Member that they believe is in contravention of the Council Code of Conduct (the “Code”) may wish to address the prohibited behaviour or activity themselves as follows:

1. advise the member that the behaviour or activity contravenes the Code;
2. encourage the member to stop the prohibited behaviour or activity;
3. keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information;
4. if applicable, confirm to the member your satisfaction with the response of the member; or, if applicable, advise the member of your dissatisfaction with the response; and
5. consider the need to pursue the matter in accordance with the formal complaint procedure outlined in Part B, or in accordance with another applicable judicial or quasi-judicial process or complaint procedure.

All persons and organizations are encouraged to initially pursue this informal complaint procedure as a means of stopping and remedying a behaviour or activity that is prohibited by the Code. With the consent of the complaining individual or organization and the member, the Integrity Commissioner may be part of any informal process. However, it is not a precondition or a prerequisite that those complaining must pursue the informal complaint procedure before pursuing the Formal Complaint Procedure in Part B.