: council motion – use of city and council...

City Council Agenda

May 5, 2013 / File No.:175-15

CITY COUNCIL AGENDA REPORT

Subject: COUNCIL MOTION – USE OF CITY AND COUNCIL LETTERHEAD

On April 22, 2014 Councillor Hughes provided notice in accordance with Section 23 of Procedure Bylaw 35/2009 that she intended to bring forward the following motion: In order for Council to debate the motion, the motion must be formally moved. (Councillor Hughes) “That Administration develops a policy concerning proper protocols for the use of city and city council letterhead, for Council's review by the end of Q4 2014. Originating Department(s): Legislative Officer Author(s): B. Gaskarth City Manager Signature:

Date:

Administrative Backgrounder Use of City and Council Letterhead Policy

On April 22, 2014, Councillor Hughes provided notice of her intent to bring forward the following motion: “That Administration develops a policy concerning proper protocols for the use of city and city council letterhead, for Council’s review by the end of Q4 2014.” BACKGROUND: Currently, there are no specific directives or guidance at either the Administrative or Council level pertaining to protocols for the use of letterhead. The Council Policy C-CG-01 Oath, Vision, Mission and Values (Attachment 1) does not address use of letterhead. It speaks broadly about expected behaviours that Council is committed to: “1. COMMIT to ethical, businesslike and lawful conduct, including proper use of authority and appropriate decorum when acting as Council members; 2. REPRESENT, as a primary obligation superseding all other interests, the best interests of the community of St. Albert.” These statements, which are sworn to by all members of Council when they take office, are to guide the choices of Councillors in day to day matters. The Administrative Policy A-HRS-2.04 Code of Conduct (Attachment 2) states “it is imperative that there not be, nor seem to be, any conflict between the private interests of employees and their duty to the public … it is recognized that employees should enjoy the same rights in their private dealings as any other citizens unless it can be demonstrated that a restriction is essential to the public interest. Therefore, employees, contract individuals, students and volunteers are expected to conduct themselves in a professional manner by: providing quality customer services; ensuring integrity and impartiality in their operational decision making; safeguarding the property and assets of the organization; promoting a safe environment free from harassment and discrimination; and adhering to the policies, guidelines and procedures established by the City.” Similar to the Council Policy, the policy statements are broad and refer to general expectation of behaviour. A similar use of City property exists in relation to use of IT assets. All users must sign the Acceptable Use Agreement (Attachment 3), which is an IT Administrative Policy. One of the standards is that “All users must ensure that the City's IT resources are used in an effective, ethical, and lawful manner” and

unauthorized/misuse includes “Using computing resources, such as electronic mail, web services, or social media to send fraudulent, harassing, or obscene messages.” Incidental personal use is allowed as long as the list of prohibitions are followed. Administration recommends the consideration of the following alternatives:

1. Do not create a stand alone letterhead policy; rather, incorporate reference to use of letterhead in the Council Policy C-CAO-18 Public Communication (Attachment 4) by being explicit about speaking on behalf of Council or the City, and when using City property such as letterhead and email, or when speaking as a spokesperson during the course of duty, the content and tone must be consistent with either the Council or Administrative Code of Conduct; and

2. Do not create a stand alone letterhead policy; rather strengthen both Code of Conduct policies to clarify expectations in terms of use of public property.

3. Create an Administrative policy that mirrors the IT Acceptable Use Agreement that pertains to other communication media; similar to the IT policy, have all users sign the agreement.

Attachments:

1. Council Policy C-CG-01 Oath, Vision, Mission and Values 2. Administrative Policy A-HRS-2.04 Code of Conduct 3. A-ITS-204 Acceptable Use Agreement 4. Council Policy C-CAO-18 Public Communication

Report Date April 25, 2014 Committee/Department Corporate Strategic Services General Manager Review

City of St. Albert CITY COUNCIL POLICY C-CG-01

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Oath of Office City Council is committed to its Oath of Office which states: 1. COMMIT to ethical, businesslike and lawful conduct, including proper use of authority and

appropriate decorum when acting as Council members; 2. REPRESENT, as a primary obligation superseding all other interests, the best interests of

the community of St. Albert; 3. SERVE in a liaison role when appointed as members of committees or boards; 4. AVOID conflict of interest, by refraining from self-dealing or any conduct of private business

or personal services between any Council member and the corporation, except as provided by the Municipal Government Act;

5. NOT USE their positions to obtain employment with the corporation for themselves, family members or close associates;

6. DISCLOSE their affiliations or interest with an organization that may affect their decision making on matters before Council regarding that organization;

7. NOT ATTEMPT TO EXERCISE individual authority over the corporation; 8. RECOGNIZE, when interacting with the Chief Administrative Officer or with staff, the lack of

authority vested in individuals except when explicitly Council-authorized; 9. RECOGNIZE, when interacting with the public, press or other entities, the same limitation

and the inability of any Council member to speak for the Council except to repeat explicitly stated Council decisions;

10. DIRECT any comments on staff performance to the Chief Administrative Officer; 11. AVOID public comment on staff performance; 12. RESPECT the confidentiality of issues that are determined by policy of Council to be

confidential, including but not limited to matters of a deliberative nature.

C-CG-01

City of St. Albert CITY COUNCIL POLICY

Council’s Oath, Vision, Mission and Values

AUTHORITY City Council

APPROVED Res. No. mm dd C155-2005 04 04

REVISED Res. No. mm dd C353-2006 07 04 C155-2007 03 19 C53-2009 02 02 C72-2011 02 07 C43-2014 02 03

Attachment 1

City of St. Albert CITY COUNCIL POLICY C-CG-01

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Vision Council’s vision for the community: As the Botanical Arts City, St. Albert is recognized throughout the region as a vibrant and thriving urban centre with a strong sense of community. Mission As community elected leaders, Council’s mission is to: Represent the citizens of St. Albert, make decisions in the best interests of the entire community and ensure the corporation delivers results that will help sustain a high quality of life for St. Albertans. Values City Council’s values demonstrate how we conduct ourselves: Community: Consider best interests of the community Engagement: Engage residents and stakeholders in City Council and community matters Integrity: Behave consistently with our values Respect: Respect and consideration for all people and their perspectives Stewardship: Stewardship of community resources Trust: Earn and retain trust Understanding: Understand the issues – be inquisitive, informed and prepared Acceptance: Accept the diversity of opinions and skill sets of Council members Forward Thinking: Employ a forward-thinking mindset when faced with decisions that impact the long-term sustainability of the community �

Cross References: Policy C-CG-06, Strategic and Business Planning

A-HRS-2.04

City of St. Albert

ADMINISTRATIVE POLICY Code of Conduct

AUTHORITY City Manager

SIGNATURE v APPROVED: 01 -01 -2002 REVISED: 15-04-2013

\ INTRODUCTION

The citizens of St. Albert have a right to a public service, which is conducted with integrity and in a professional manner. Therefore, it is imperative that there not be, nor seem to be, any conflict between the private interests of employees and their duty to the public.

At the same time, it is recognized that employees should enjoy the same rights in their private dealings as any other citizens unless it can be demonstrated that a restriction is essential to the public interest.

Therefore, employees, contract individuals, students and volunteers are expected to conduct themselves in a professional manner by: providing quality customer services; ensuring integrity and impartiality in their operational decision making; safeguarding the property and assets of the organization; promoting a safe environment free from harassment and discrimination; and adhering to the policies, guidelines and procedures established by the City.

POLICY

The City Manager will administer the Code of Conduct and Ethics (the Code) for the City. City Council will administer the Code with respect to the City Manager.

Department Directors are responsible for promoting the Code on a regular basis to ensure that employees are aware of their obligations under the Code.

All employees are responsible for adhering to the Code and for acting in a manner that reflects the Code.

Conflicts between the private interests of employees and their duty to the public not specifically addressed in this Code shall be dealt with according to the principles and intent of the Code. Where a collective agreement varies from the provisions of this policy, the collective agreement reference shall prevail.

City of St. Albert ADMINISTRATIVE POLICY A-HRS-2.04

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Attachment 2

Employees who do not comply with any provisions of this Code may be subject to disciplinary action, up to and including dismissal.

INTERPRETATION

Any questions regarding the interpretation and application of this Code can be directed to Human Resources.

EMPLOYEE RESPONSIBILITIES

1) Positive Work Environment

The City is an equal opportunity employer and as such abides by the Human Rights, Citizenship and Multiculturalism Act, which specifically prohibits discrimination on the basis of race, religious beliefs, colour, gender, physical disability, mental disability, marital status, sexual orientation, age, ancestry, place of origin, family status or source of income of any person.

All individuals have the right to be treated with respect in the workplace and all employees are responsible for creating and maintaining a positive work environment, free from discrimination, including harassment.

2) Confidentiality

Employees must adhere to the requirements of the Freedom of Information and Protection of Privacy Act and shall not divulge confidential information about the City, its customers, clients, suppliers or employees to anyone other than persons who are authorized to receive such information.

All employees will sign a confidentiality statement at the time of employment, which will be maintained on the official employee personnel file.

3) Impartiality

Employees are expected to conduct their duties with impartiality in all regards.

4) Disclosure

Employees are required to disclose to the Director of Human Resources any situation involving them which is potentially a conflict or an apparent conflict of interest.


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5) Dealings with Individuals with whom the Employee has a Close Personal Relationship

Employees must be particularly careful in regard to deals with individuals with whom the employee has a close personal relationship. Given the nature of human interactions, it is impossible to provide a comprehensive and all-inclusive definition of the term "Individual with whom the Employee has a Close Personal Relationship". However such a relationship would be deemed to exist in the case of relatives (i.e. spouses, children, step-children, legal dependents, parents, siblings, in-laws, grandparents, grandchildren, nieces, nephews, aunts, uncles), ex-spouses, business partners, individuals that the employee regularly socializes with, etc.

In examining such relationships, employees should be guided by whether an outside individual or organization would likely see the relationship as being one that could result in a potential conflict of interest. Employees with any doubt regarding specific cases should discuss them with the Human Resources department or their Department's Director.

Employees who exercise a regulatory, inspection or other discretionary control over others shall, wherever possible, disqualify themselves, with respect to those functions, from dealing with individuals with whom the employee has a close personal relationship.

Relatives of an employee may work in the same Department provided there is no opportunity to exercise favoritism and no conflict of interest exists for the employees involved. An employee may not supervise a relative unless there are extenuating circumstances and the City Manager or designate approves an exemption from this section of the Code.

6) Outside Employment

Employees may take supplementary employment, including self employment, unless such employment:

• causes an actual or apparent conflict of interest;

• is performed in such a way as to appear to be an official act or to represent City opinion or policy;

• interferes through telephone calls, e-mail or otherwise, with regular duties; or

• involves the use of City premises, equipment or supplies.


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Prior to accepting any supplementary employment where it appears or where they believe that a conflict of interest might arise, employees are required to notify the Director of Human Resources in writing about the nature of such supplementary employment and obtain a ruling regarding the possibility of a conflict. Where such a conflict is deemed to be possible, the employee is to refuse the supplementary employment. Failure to do so may result in dismissal from employment with the City of St. Albert. Employees who disagree with the decision of the Director of Human Resources may submit a grievance in accordance with the applicable policy at the final stage [i.e. City Manager] of that procedure. The supplementary employment cannot be commenced or continued while the matter is under review.

Employees shall not accept additional compensation for duties which they perform in the course of their City employment.

7) Volunteer Activities

Employees are encouraged to participate in volunteer activities. However, the restrictions pertaining to outside employment also apply to volunteer activity. Employees who are actively associated on a volunteer basis with any organization shall disclose to the Director of Human Resources their interest in such an organization where a conflict of interest may arise. Such employees shall disqualify themselves from participating in any City decision that could impact the organization.

8) Political Activity

There is no restriction upon participation in political activity by employees except

• An employee who wish to run as a candidate in a provincial, federal, school trustee, health board or municipal election will be required to take a leave of absence without pay to ensure such candidacy does not cause an actual or apparent conflict of interest, unduly interferes with regular job functions or impairs in any other way the proper performance of their job functions.

• Employees elected to federal, provincial or St. Albert municipal office shall resign their employment effective the day of the election.

• Employees elected to serve as a school trustee, member of a health board or a non-St. Albert municipal office shall be subject to the provisions of the Code regarding outside employment.

that:


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• Employees who seek election and are not elected are entitled to return to the same or similar employment effective the day after the election.

Employees may:

• Work on a volunteer or paid capacity for a campaign during non-work hours. Employees may apply for time off to attend to an election campaign, subject to the operational requirements of the City.

• Use City property for campaign related activities in accordance with City policies and bylaws and must be available to all candidates for a similar activity (i.e. book a campaign event at a City facility during non-work hours).

Employees shall not:

• Utilize City resources to assist candidates (for Council, school trustees, provincial or federal candidates) in their election campaign; this will include:

o Working on election campaigns during regular work hours (including utilizing social media to work on an election campaign during work hours).

o Utilizing City computers, mobile telephones, ipads, office supplies, data, or office or meeting room space.

o Using a City's email address to correspond with an election campaign.

o Utilizing City technology to write on blogs, Facebook, Twitter, or any other social media for the purposes of assisting an election campaign.

o Assisting with mass mailings for election campaigns. o Providing for links on City web pages to an election campaign's

website (unless specifically authorized by the City Manager, i.e. specific information/links for candidates running for Mayor or Councillor as per current practice through the Elections Office),

o Providing for Facebook or Twitter assistance that is related to an election campaign.

o Identify themselves as City employees while working on election campaigns.

It is permissible for employees to undertake very modest activities that could be construed as campaign work, where such activities overlap unavoidably with the regular course of their duties. Examples of such activities might include coordinating campaign schedules within the Council Member's calendar or redirecting citizens with campaign questions to the campaign.


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9) Acceptance of Gifts

Employees shall not accept fees, gifts, or other benefits that are connected directly or indirectly with the performance of their public service duties, from any individual, organization or corporation, other than:

• the normal exchange of gifts between friends;

• the normal exchange of hospitality between persons doing business together;

• tokens exchanged as part of protocol; or

• the normal presentation of gifts to persons participating in public functions.

10) Furthering Private Interests

Employees are in conflict of interest and in violation of this Code if they:

• take part in a decision in the course of carrying out their duties with the knowledge that the decision might further a private interest of the employee or an individual with whom the employee has a close personal relationship;

• use their public role to influence or seek to influence a City decision which could further a private interest of the employee or an individual with whom the employee has a close personal relationship; or

• use or communicate information not available to the general public that was gained by the employee in the course of carrying out their duties, to further or seek to further a private interest of the employee or an individual with whom the employee has a close personal relationship.

11) Financial Interests

If employees directly or indirectly own or have an interest in any land, building, lease, mortgage, good, service or contract which is offered for option, sale, lease or assignment to the City, they shall disclose the situation to the Director of Human Resources. Failure to do so will be grounds for disciplinary action.


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A-ITS-204

tv of S

ADMINISTRATE POLICY

CicvoJ:

; AUTHORITY i SIGNATUR^ (mm dd yyyy) : City Manager

i )mU(i APPROVED: 10 02 2013 ^ i )mU(i REVISED:

Purpose

To implement an Acceptable Use Agreement which forms a code of professional and ethical behavior that applies to all users of the City's Information Technology and Communication Technologies.

Policy

The City acquires and allocates Information Technology and Communication System resources to individuals and groups for specific business and administrative purposes which advance the City's mission.

Scope

This Acceptable Use Agreement applies to all City networks, IT systems, communication systems, data assets, and authorized users (any user authorized by the ITS Department).

Standards

1. All users must ensure that the City's IT resources are used in an effective, ethical, and lawful manner.

2. As a condition of access, users must agree to use City IT and Communication System resources solely for authorized City business and/or incidental non-commercial personal use and agree to assume responsibility for any unauthorized use, misuse or illegal use of these resources.

Unauthorized Use or Misuse Examples

1. Use of a computer account without authorization. 2. Inspecting, altering, deleting, obtaining copies of, publishing, or otherwise tampering with

files, programs, or passwords that the individual is not authorized to access. 3. Using computing resources, such as electronic mail, web services, or social media to send

fraudulent, harassing, or obscene messages. 4. Developing or using programs that harass other users or that damage the software or

hardware components of computing resources and/or placing any destructive or nuisance programs, such as viruses, into the computing resources.

5. Attempting to circumvent security systems on any computing resource. City of St. Albert

ADMINISTRATIVE POLICY A-ITS-204 Page 1 of 2

Attachment 3

6. Compromising or attempting to compromise the integrity of a computing resource. 7. Using unlicensed or unauthorized copies of computer software. 8. Breaching the terms and conditions of a software licensing agreement to which the City is a

party. 9. Theft or misappropriation of computing resources, such as equipment, data, or software. 10. Unauthorized release of City information or information regulated under the Alberta

Freedom of Information and Protection of Privacy Act. 11. Engaging in any action which unfairly denies or restricts the use of computer facilities to

authorized users. 12. Connecting unauthorized devices to City IT networks or communication systems.

Enforcement

Upon becoming aware of a suspected breach of this agreement, the ITS Department may suspend a user's account. The ITS Department will complete the initial investigation quickly and either restore access or refer the matter to the user's responsible manager or other applicable authority for resolution, such as Law Enforcement, Human Resources, or Legal Services). Should a suspected breach occur within the ITS Department, the Director may investigate the matter or may refer the matter to another authority to conduct the initial investigation.

Agreement

1. I understand that all electronic communications processed on City IT systems and mobile devices are City records and not my personal property.

2. I understand, that City IT system administrators and designated City officials may monitor, scan, or read any record that resides on City IT systems and mobile devices without asking for or receiving my consent.

3. I agree to honour this policy.

4. I understand that some or all electronic communications processed on City IT systems may be stored within equipment located outside of Canada's sovereign borders and therefore may not be protected by the freedom of information and privacy laws of Canada and Alberta.

Name:

Signature:

Date:

City of St. Albert ADMINISTRATIVE POLICY A-ITS-204

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Purpose To provide guidance and direction to Council and Administration for public communication and engagement to ensure consistent, clear and appropriate practices for two-way information sharing between St. Albert residents and the City of St. Albert. Policy Council and Administration acknowledge the residents of St. Albert and their right to be informed and engaged in the development of the City’s plans, budgets, decisions and implementation of decisions that affect them. The City upholds as principles for public engagement and communication accountability, transparency, responsiveness, inclusiveness, commitment, standardization, accessibility, and coordination. Definitions “Brand” means the “The Botanical Arts City” and the tagline “Cultivate Life”, which are the registered trade marks of the City. “City” means the City of St. Albert. “Media” means organizations and their representatives (such as, journalists, editors, publishers, photographers and videographers) including radio and television, newspapers, and magazines, and their online versions, that report news and provide editorial commentary for public consumption. “Universal design principles for communication” means the design of information products (printed and electronic) to be usable by people of all ages and abilities. Responsibilities Council delegates responsibility for implementing this policy to the City Manager.

C-CAO-18

City of St. Albert CITY COUNCIL POLICY

Public Communication

AUTHORITY City Council

APPROVED Res. No. mm dd C15-2013 01 21

REVISED Res. No. mm dd

Attachment 4

City of St. Albert CITY COUNCIL POLICY C-CAO-18

Page 2 of 3

Standards 1. The City upholds the following principles for public communication and engagement:

a. Accountability – the City is accountable to the residents of St. Albert for its commitments and promises and follows legislative requirements for public consultation, advertising, notices and advisories.

b. Transparency – the processes for public input, engagement and decision making are

made known and Council debates matters in public within the parameters of existing legislation.

c. Responsiveness – the City endeavours to listen, understand and consider varied views

and needs in decision making and in implementing decisions.

d. Inclusiveness – the City endeavours to provide equitable opportunities for all residents to participate, be heard and provide input.

e. Commitment – the City delivers on its commitment to this policy through reporting,

defined administrative policies and procedures related to communication, media relations, advertising, public input and engagement, and appropriate allocation of resources.

f. Standardization – the City endeavours to provide standardized ways to interact with its

residents and stakeholders to create a predictable model of interaction, offering methods that are convenient, accessible and user-friendly.

g. Accessibility – the City is committed to universal design communication principles,

acknowledging that in its communication and engagement efforts the need to be respectful and mindful of the varied needs of people with disabilities, as well as other variables that may pose barriers to access, such as age and language. The City acknowledges that people have different preferences or needs for how they receive and share information; therefore the City strives to offer various methods for two-way communication, consultation and engagement, within the constraints of time and availability of resources.

h. Coordination – the City ensures its communication and engagement activities are

coordinated. 2. The City recognizes the role of the print, broadcast and digital media industry in conveying

information to the public. The City strives to work proactively with the media, when appropriate, to promote public awareness and understanding of Council proceedings and decisions, policies, programs and services.

Attachment 4

City of St. Albert CITY COUNCIL POLICY C-CAO-18

Page 3 of 3

3. The City’s brand encompasses all expressions and provides the framework for corporate and community messaging and visual design.

4. Notwithstanding any other provision of this Policy, the City recognizes that all records in the

City’s care or control must be administered in accordance with the Freedom of Information and Protection of Privacy Act c.F-25 RSA 2000 (as amended) as well as any other binding privacy and/or access to information laws or directives.

5. Announcements, advertising, engagement/consultation events, and online communication,

are coordinated as assigned by the City Manager.

6. Media relations:

a. Only authorized spokespersons speak on behalf of the City.

b. Only the Mayor and Council speak on behalf of Council.

c. The Mayor or any Councillor may be vested by Council with the authority to be its spokesperson.

d. No individual will discuss or disclose confidential matters, and will respect privacy rights and security needs.

e. Refer to the City Media Relations Protocol for procedures. 7. The City of St. Albert benchmarks practices with comparable municipalities and obtains

ongoing feedback from City residents and stakeholders on their expectations and preferences with respect to communication, engagement, consultation and input.

8. Information about the application and use of the City brand and its marks is outlined in the

City’s Corporate Visual Identity Guidelines.

Legal References: Freedom of Information and Protection of Privacy Act Cross References: Policy C-CG-08, Council Members’ Code of Conduct; Policy C-CG-05, Council Job Description; Policy C-CG-07, Mayor's Role; Policy C-P&E-01, Public Consultation Requirements for Planning and Development Processes; City Media Relations Protocol

Attachment 4

: council motion – use of city and council...

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