City Council · April 25, 2023 · Item 8.2
City of Guelph support the Association of Municipalities of Ontario's call for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and…
Main motion under the agenda item Municipal Code of Conduct and Support of Bill 5, Stopping Harassment and Abuse by Local Leaders Act
Carried (12 to 0)
12 in favour, 0 against — unanimous
What was voted on
The motion in its exact words, as recorded in the minutes.
That the City of Guelph support the Association of Municipalities of Ontario's call for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them in consultation with municipal governments, and further, support Bill 5, the Stopping Harassment and Abuse by Local Leaders Act. That the legislation encompass the Association of Municipalities of Ontario’s recommendations for: Updating municipal Codes of Conduct to account for workplace safety and harassment; Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario; Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province; Allowing municipalities to apply to a member of the judiciary to remove a sitting member if recommended through the report of a municipal Integrity Commissioner; and, Prohibit a member so removed from sitting for election in the term of removal and the subsequent term of office.
Moved by Councillor O'Rourke, seconded by Councillor Richardson.
How the room voted
In favour (12)
- Allt
- Billings
- Busuttil
- Caron
- Caton
- Chew
- Downer
- Gibson
- Goller
- Klassen
- O'Rourke
- Richardson
Who spoke to it
Councillor O'Rourke introduced the item and spoke to the recommendation.
What council was given
The staff reports and correspondence attached to this item.
- AMO Policy Update - Codes of Conduct and Enforcement.pdf
- Letter from MPP S. Blais RE Bill 5 Stopping Harassment and Abuse by Local Leaders Act.pdf
What was said
1,044 words from the meeting recording, transcribed automatically. Times are from the start of the recording.
Read the debate(click to open)
1:39:15that's been brought to this agenda.
1:39:18It's the municipal code of conduct
1:39:20and support of bill five,
1:39:23stopping harassment and abuse by local leaders act.
1:39:28And I'm going to ask Councillor Werker
1:39:30if she'd like to put the motion on the floor
1:39:32and we'll get a seconder
1:39:33and then maybe she would like to speak to this.
1:39:35Thank you, Chair Downer.
1:39:37Councillor Richardson has agreed to second.
1:39:41So the motion that you have before you
1:39:44was actually brought to Council by the mayor.
1:39:47Mayor Guthrie and I met with MPP Stephen Blair of Orleans,
1:39:52which is where I grew up actually.
1:39:53We met with him a few weeks ago
1:39:55and he is the proponent of bill five,
1:39:59stopping harassment and abuse by local leaders act.
1:40:03What this legislation does is it amends the code of conduct
1:40:08for municipal councillors and members of it,
1:40:10amends the municipal act to allow a requirement
1:40:14for councillors and members to comply with workplace violence
1:40:17and harassment policies that is absent
1:40:20in the act at this time.
1:40:22The amendments proposed in bill five
1:40:24also permit municipalities and local boards
1:40:26to direct the integrity commissioner
1:40:28to apply to the court to vacate a member's seat
1:40:31if the commissioners inquiry determines
1:40:33that the member has contravened a code of conduct.
1:40:35So there is a mechanism in place
1:40:38that's not councillors making any determination.
1:40:41There's a new mechanism proposed
1:40:43to go to the integrity commissioner
1:40:45and then the court to propose a remedy
1:40:48and those things are absent.
1:40:50So it creates some responsibility for local leaders.
1:40:56So all of our staff would be required to comply
1:40:59with workplace harassment and violence policies.
1:41:03And while it's not an issue, 99.9% of the time
1:41:07with local leaders, there are cases
1:41:09where there's workplace violence and harassment
1:41:11from elected officials, but no mechanism exists
1:41:15to remove them other than say wait till the next election.
1:41:19So bill five proposes to do that.
1:41:24So it allows that mechanism to remove a mayor
1:41:28or city council from office
1:41:29for egregious workplace violence or harassment.
1:41:33It has a support from Ontario's big city mayors,
1:41:36from AMO from Roma and 57 municipalities.
1:41:40And maybe tonight we make wealth number 58
1:41:44because we do need tougher penalties
1:41:46if there are municipal leaders who abuse or harass
1:41:48or demean their staff and colleagues.
1:41:52There are similar measures proposed by AMO.
1:41:55And I'm just reading from a policy update from AMO
1:41:58where they indicate that their board believes
1:42:02that the current tools available to municipal councils
1:42:05to ensure ethical behavior and respectful discourse
1:42:08are inadequate and do not meet public expectations.
1:42:11And AMO has also presented at the request
1:42:14of the ministry of municipal affairs and housing
1:42:17and number of recommendations to improve
1:42:21the application of municipal codes of conduct
1:42:23for elected officials.
1:42:23So this motion is simply the city of Guelph
1:42:26and Guelph's council support for bill five in the context
1:42:32and the association municipality of Ontario's recommendations.
1:42:42Okay, so it's the two,
1:42:44it's the support of the association
1:42:46of the municipalities AMO
1:42:47and then it's also support for the support for bill five.
1:42:50That's correct.
1:42:51It encompasses the two.
1:42:52Okay, thank you.
1:42:53Are there any questions?
1:42:54Councillor Allt.
1:42:56Thank you very much.
1:42:57I have no issue with the principles
1:42:59that are being presented.
1:43:00But the question is actually first of all,
1:43:03two questions, awesome, quickly.
1:43:05First of all, this is a definition of egregious.
1:43:07And secondly, for staff,
1:43:08I was wondering if there are any comments that staff
1:43:11wishes to make on this proposal,
1:43:13but the egregious one,
1:43:15who defines egregious as the first question?
1:43:18The integrity question.
1:43:21Right, so. For the mover.
1:43:22Right, so through chair downer to Councillor Allt.
1:43:25The motion in front of council to date
1:43:28is not implementing the bill,
1:43:30is not helping to draft or define the terms within the bill.
1:43:33It's supporting the bill that actually
1:43:36still has to go to committee, the principles of it.
1:43:38It is supporting the principles
1:43:40of what AMO is putting forward.
1:43:41So who would define egregious, the integrity commissioner,
1:43:44and then the court,
1:43:46and then they could recommend a remedy
1:43:48because there are cases in Ontario, recent ones
1:43:50where there have been what we could define
1:43:53as egregious behavior.
1:43:55And thank you for that.
1:43:56Just a comment.
1:43:58One of my concerns as a council,
1:44:00and this just reinforced it is,
1:44:02I didn't have a chance to read the report
1:44:04because it came to us so late.
1:44:06And I would hope chair downer that we as a council
1:44:09can work to be sure that we get information out.
1:44:12Because I understand there's a 60 page report
1:44:14that comes with this as well,
1:44:16is what somebody else had told me.
1:44:18So consequently, I like to find out what we mean
1:44:21by things like egregious, for example.
1:44:24But the second question does come to staff,
1:44:27if staff does wish to comment on this.
1:44:33A few chair downer to council are all,
1:44:34the only comment I'd be comfortable in providing
1:44:36is that at this current point,
1:44:38there is a distinguished difference
1:44:40between the treatment of employees of a corporation,
1:44:43a municipal corporation, that differs from council.
1:44:47And the intentions behind this bill,
1:44:51they lessen that gap.
1:44:54That's the extent that I would probably provide comment for.
1:44:57Thanks, great comment.
1:44:59Thank you.
1:45:00Are there comments or questions?
1:45:07Councillor classon?
1:45:08Yeah, thank you for bringing this forward
1:45:10because I hadn't heard about it.
1:45:11And I was happy to learn a little bit more
1:45:13through the course of the last 24 hours.
1:45:16And I think it's just important
1:45:18because it's not something that we ever think about.
1:45:21And I think everybody in this room holds themselves
1:45:24to a high standard and we follow the code of conduct.
1:45:28But this isn't necessarily just for us.
1:45:31This is for, we don't know what's coming in the future.
1:45:34And I think it just closes that gap.
1:45:35And there's some stories out there,
1:45:37like a quick Google search and you'll find some stories.
1:45:41And so thank you for bringing this forward
1:45:43and I will be supporting.
1:45:47Okay, thank you.
1:45:47Any other comments, questions?
1:45:50Okay, I'm going to call the vote.
1:45:51Is there anyone opposed to this?
1:45:55Okay, I'm asleep fast.
1:45:57Thank you.
1:45:59We're gonna go on to the bylaws.
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