THECORPORATION OFTHETOWNSHIP OF MADAWASKA VALLEY

BY-LAW NUMBER 2014-138

Being a By—|awto establish a Code of Conduct for members of the

Municipal Council for the Municipal Corporation of the Township of

Madawaska Valley.

WHEREAS Section 11 of the Municipal Act, 5.0. 2001, as amended authorized municipalities

to pass by—law regarding "Accountability and Transparency” of the municipality and its

operations and of its local boards and their operations; and

WHEREAS Section 223.2(1) of the Municipal Act, 5.0. 2001, as amended, authorizes

municipalities to establish codes of conduct for members of the council of the municipalityand of local boards of the municipality; and

AND WHEREAS the Council of the Corporation of the Township of Madawaska Valley deems it

necessary to establish a Code of Conduct for council;

NOW THEREFOREBE IT RESOLVEDTHAT:

1. Council does hereby adopt the Code of Conduct attached hereto as Schedule "A”, and

forming part ofthis by—law.

2. That By-Law Number 2011-02 is hereby rescinded.

3. That this by—lawshall come into force and take effect upon the date of final passing

thereof.

READ A FIRST AND SECOND TIME THIS 15thDAY OF December, 2014.

CAO/Clerk— c

SCHEDULE"A" TO BY-LAWNUMBER 2014-138

Code of Conduct

For

Members of Council of the Municipal Corporation of the Township of Madawaska Valley.

COUNCILTEAM VISION:

The Township of Madawaska Valley serves the community through the provision of effective,responsible and visionary leadership.

The Council shall:

focus on achieving a common vision and goals for the municipality;make sound, effective and timely decisions based upon objective data and open debate ofissues;

develop and maintain a climate where integrity, mutual support, trust andprofessionalism are valued;

utilize the diverse knowledge, expertise and talents of all council members to optimaladvantage;

conduct its activities in an orderly, professional and businesslike manner;benefit from strong and effective leadership from the Mayor and individual councilmembers;

value congeniality, teamwork and a sense of humour;enjoy the benefits of effective communication and open sharing of information among itsmembers;

balance effective and diverse values, aspirations and competing interests within thecommunity; and

work effectively in partnership with a capable executive and staff to provide excellentservice to residents and ratepayers.

PURPOSE OF THE CODE OF CONDUCT:

The Code of Conduct sets minimum standards for the behaviour of Council memberswhen carrying out their functions on behalf of the municipality. It has been developedto assist council members to:

1. Understand the standards of conduct that are expected of them and the lawthat applies in relation to these standards;

2. Fulfil their duty to act honestly and exercise reasonable care and diligence;

3. Act in a way that enhances public confidence in local government; and

4. Identify and resolve situations which might involve a conflict of interest or apotential misuse of position and authority.

STANDARDSOF CONDUCT:

1. Members of Council shall at all times seek to advance the common good of thecommunity that they serve.

Members of Council shall truly, faithfully and impartially exercise the office to

which they have been elected or appointed, to the best of their knowledge andability.

Members of Council shall refrain from behaviour that could constitute an act or

disorder or misbehaviour. Specially, Council officials shall refrain from conductthat:

(i) Contravenes Federal or Provincial statutes or legislation, the MunicipalAct, Municipal by-laws, associated regulations, and the Municipality'sCode of Conduct.

(ii) is an abuse of power or otherwise amounts to discrimination,intimidation, harassment, verbal abuse, or the adverse treatment ofothers.

(iii) Prejudices the provision of a service or services to the community.

C. CONDUCT TO BEOBSERVED:

1. Release of Confidential Information:

Members of Council have a duty to hold in strict confidence all informationconcerning matters with in camera meetings, or that is determined to beconfidential by the Clerk or as specifically declared by Council. A member ofcouncil shall not, either directly or indirectly, release, make public, or in any way

divulge any such information or any aspect of the in camera deliberations to

anyone, unless expressly authorized by council or required by law to do so.

a) Members of Council shall not release information in contravention ofprovisions of the Municipal Freedom of Information and Protection ofPrivacy Act.

b) Members of Council shall not release information subject to solicitor-client privilege, unless expressly authorized by Council or required bylaw to do 50.

c) Members of Council shall not misuse confidential information(information that they have knowledge of by virtue of their position as

Councillor that is not in the public domain, including emails andcorrespondence from other members of council or third parties) suchthat it may cause detriment to the Corporation, Council or others, or

benefit or detriment to themselves or others.

Foster Respect for Decision-Making Process:

All members of council shall accurately and adequately communicate theattitudes of the council, even if they disagree with council's decision, such thatrespect for the decision—making process of council is fostered.

Communications and Media Relations:

Members of council acknowledge that official information related to decisionsand resolutions made by council will normally be communicated to the

community and the media by the council as a whole or the Mayor, as Head ofCouncil or by those so designated.

Gifts and Benefits:

Members of Council shall comply with the Municipal Conflict of Interest Act and

must not accept a gift or personal benefit that is connected with theirperformance ofthe duties of their office. This does not include gifts or personal

benefits received as a matter of protocol or social obligations that normally

accompany the responsibility of office. Council acknowledges that the Head ofCouncil will, in his/herrole, periodically received and distribute ceremonial or

other items.

Engaging in Incompatible Activity:

Members of council shall not engage in any activity, financial or otherwise,which is incompatible with the ethical discharge of their official duties in thepublic interest.

Without limiting the generality of the foregoing, members of council shall not:

a) use any influence of office for any purpose other than official duties;

b) act as an agent before council or any committee, board or commission

of council;

c) solicit, demand or accept the services of any corporation, employee, or

individual providing services to the municipality at a time in which saidperson or corporation is being paid by the municipality;

d) use any information gained in the execution of office that is not

available to the general public for any purpose other than for officialduties;

e) place themselves in a position of obligation to any person or

organization which might benefit from special consideration or may seek

preferential treatment;

f) give preferential treatment to any person or organization in which amember or members of council have a financial interest;

g) influence any administrative or council decision or decision-makingprocess involving or affecting any person or organization in which amember or members of council have a financial interest; and

h) use corporate materials, equipment, facilities or employees for personal

gain or for any private purpose.

Conflict of Interest:

It is the responsibility of individual councillors to ensure that they are aware andtrained in the application of the Municipal Conflict of Interest. The onus is on

the councillor to identify a conflict of interest, and they shall take theappropriate action to identify the existence of a conflict in favour of his/herpublic duty.

D.

a) A conflict exists when an individual is, or could be, influenced, or appear

to be influenced by a personal interest, financial (pecuniary) or

otherwise, when carrying out their public duty. Personal interest can

include direct or indirect pecuniary interest, bias, pre-judgement, closemindedness or undue influence.

b) Council members must appropriately resolve any conflict or

incompatibility between their personal interests and the impartialperformance of their public or professional duties in accordance with

statutory requirements. When considering whether or not a conflictexists, it is important to consider whether there are any grounds for a

reasonable person to think that a conflict exists.

Recognizing that it is impossible to anticipate all possible conflicts thatmay arise during a member's term of office, and that those conflicts maynot be only pecuniary in nature, it is generally advisable to be as open as

possible. It is not enough that a conflict not exist, it must also be seenby taxpayers not to exist.

INTERPERSONALBEHAVIOUR OF MEMBERS OF COUNCIL:

1. Treat every person with Dignity, Understanding and Respect:

Members of council shall abide by the provisions of the Human Rights Codeand, in doing so, shall treat every person, including other members of council,corporate employees, individuals providing services on a contract for service

basis, student on placements, and the public with dignity, understanding andrespect for the right to equality, and the right to an environment that is safeand free from harassment and discrimination.

Not to Discriminate:

In accordance with the Human Rights Code, members of council shall not

discriminate against anyone on the basis of their race, ancestry, place of origin,

colour, ethnic origin, citizenship, religious affiliation or faith, sex, sexual

orientation, age, record of offences, marital status, same—sex partnership status,

family status, or disability. "Age”, ”disabi|ity”, "family status”, ”record ofoffences”, "same sex partnership status”, shall be defined in Human RightsCode.

Not to engage in Harassment or Bullying (Psychological Harassment):

In accordance with the Human Rights Code, harassment shall mean engaging in

a course of vexations comment or conduct that is known, or ought to be known,to be unwelcome. Bullying is the ongoing health or career—endangeringmistreatment of an employee, by one or more of their peers or supervisors.

Unlikely to involve physical violence, it usually takes the form of psychologicalabuse. Often, verbal and strategic insults are intended to prevent targets frombeing successful in theirjob.

The exercise of performance management tools with respect to corporate

employees for legitimate purposes by council is not harassment or bullying.

4. Protection of Privacy:

Councillor shall comply with the Municipal Freedom of Information and

Protection of Privacy Act at all times. Public comments, discussions and

disclosure to the media regarding employees or individuals that breach aperson's privacy is deemed to be a contravention ofthis Code of Conduct.

PROFESSIONAL DEVELOPMENT:

Members of council shall promote and participate in opportunities for professionaldevelopment. Council members are required to stay updated on issues and trends so

that they can be as efficient and effective as possible in the carrying out their dutiesand responsibilities.

COMPLIANCEWITH THECODE OF CONDUCT

Members of Council are accountable to the public through the four-year electionprocess. Between elections they may, for example, become disqualified and lose theirseat if convicted of an offence under the Criminal Code of Canada or for failing to

declare a conflict of personal interest under the Municipal Conflict of Interest Act.

In addition, section 223.4(5) of Ontario's Munic/'palAct, 2011, authorizes Council to

impose either of two penalties on a member of Council following a report by theIntegrity Commissioner that, in her or his opinion, there has been a violation of theCode of Conduct:

1. A reprimand; or

2. Suspension ofthe remuneration paid to the member in respect of his or herservices as a member of council or ofthe local board, as the case may be, for aperiod of up to 90 days. (2006, c. 32, Sched. A, s. 98.)

Other Actions

The Integrity Commissioner may also recommend that Council or a local board(restricted definition) take the following actions:

1. Removal from membership of a Committee or local board (restricteddefinition).

2. Removal as Chair of a Committee or local board (restricted definition).

3. Repayment or reimbursement of moneys received.

4. Return of property or reimbursement of its value.

5. A request for an apology to Council, the complainant, or both.

Breach Policy

In the absence of an Integrity Commissioner being appointed by the Municipality, thefollowing shall apply.

1. Any member of Council including the Mayor may submit a confidential writtenallegation of a breach of the Code of Conduct for Council to the ChiefAdministrativeOfficer (CAO)/Clerk.

The Chief Administrative Officer (CAO)/Clerk shall hold the allegation in

confidence and shall place the personal matter on the next Regular or Special

Meeting of Council Agenda in Closed Session.

When the matter is addressed at the next Council Meeting in Closed Session,the party that is the subject of the allegation may ask to have the matter tabledto allow said party to obtain legal counsel. In such case, a second meeting ofCouncil in Closed Session will be called no sooner than seven (7) days from thedate of the above referenced Council Meeting. The Party, so alleged, may thenintroduce evidence including witnesses and legal counsel to support his or herposition.

Should Council determine that a Member has potentially breached a policy ofthe Code of Conduct, Council shall rise and report that such a determination hasbeen made and pass a resolution as to the outcome and the consequences forsuch breach.

The breach shall be ratified by resolution in open session of Council.

Should Council feel that a breach may have occurred, but is unable to make a

determination, Council may pass a resolution requesting a Judge of the Ontario

Superior Court oflustice to conduct an investigation ofthe Member’s conductunder Section 274(1) of the Municipal Act. Should the Judge determine that a

breach has occurred the consequences for such breach shall be determined in

accordance with this Policy.

Should a breach occur consequences for such breach may include, but are not

limited to, removal from Committee assignments either permanently or for an

interim period, barring the Member from attendance at closed session

meetings either permanently or for an interim period, "barring” the Memberfrom being circulated/informedof confidential materials/matters, or demand ofan apology.

Allbreach’s under this By—Lawwill be treated fair and in keeping with theseverity of the infraction giving due regard to the individual’s previous conduct.

Nothing in this section restricts or attempts to countermand a Councillor's legalright to challenge a decision by Council through established legal channels.

ACKNOWLEDGEMENT

SIGNATURE

The undersigned Member of Council hereby acknowledges receipt of a copy of By-law 2014-138, being the Mayor and Councillors ”Code of Conduct By—|aw".

Signature of Member of CouncilAcknowledgement ofReceipt ofCode ofConduct Policies

Date of Signature

PRINTEDNAME

NOTE:

The Member of Council acknowledges that a copy of By-law 2014-138 containing the Code ofConduct Policy for Council was provided to the Member. One signed copy ofthe”ACKNOWLEDGMENT"was returned to the Chief AdministrativeOfficer (CAO)/Clerk and theMember of Council retained a complete copy ofthe By-law.