2024 Annual Report of the Integrity Commissioner, dated January 22, 2025, be received.

41:47Thank you, and I will just turn it right on over to you for your update

41:51Thank you very much, mr. Mayor. Good evening, mr. Mayor members of council. I'm John mask Aaron

41:57I lead the integrity commission team at Erdon burles. We've been your integrity commissioner since I believe January the first

42:062021 so this is our fourth annual report already. Yes

42:11we are very pleased to be your integrity commissioner and

42:15This is my fourth annual report that I've

42:19That I'm delivering I think in prior years

42:23I had indicated that you had received a clean bill of health. I would pretended to be a doctor

42:28I think last year I was a school principal indicated that you had a good report card

42:33And I will have a nice summary for you at the end of the presentation this year

42:40As I indicated this is the fourth report it covers the period of January the first

42:472024 to the end of

42:50December

42:522024 so the calendar year we received four complaints last year under the code of conduct

42:59We did not receive any complaints or any applications under the municipal conflict of interest act

43:05the reports

43:08Are summarized there?

43:10Sorry the the issues are summarized for the complaints that

43:15That we looked into

43:17you'll see that we

43:20At the very bottom of the first page of our second sorry the first page of our report I

43:27Referred to two complaints that were that came at the end of 2023 and

43:34One that was filed at the beginning of 2024. They were all related to the same matter

43:40dealing with

43:42Issues relating to social media. We found no

43:46Contraventions by the member of counsel that we investigated

43:50But we provided a caution that

43:53Any council members that using that are using social media to be be please be very careful with how to do so always be civil

44:03respectful and courteous and always

44:06Remember that you're sending out something that's instantaneous worldwide

44:11disseminated and

44:12You're interacting directly with people so you may not get the

44:17Response that you think you're gonna get sometimes and so please be very careful with what you send out

44:23we did get a second complaint and

44:27We made no finding except that the complaint was out of time and your code of conduct is very clear

44:35We have no jurisdiction to review any matter that comes in beyond 60 days from the event occurring

44:42So we had to we had to stop this and indicate that we couldn't review the matter

44:48So we have no finding whatsoever whether there was any

44:52Contravention or not because we are precluded from your code of conduct from reviewing the matter

44:59there was a complaint filed that

45:042020 403 that alleged that a member had overreached their

45:09Responsibilities as a member of council and was speaking on behalf of council

45:14We felt that the member had acted within their strictures as a member of council and there was no

45:21contravention of

45:22The code of conduct in that matter

45:25And finally we received a complaint dealing with gifts and benefits and you will recall that I appeared before you

45:33sometime in I believe mid

45:36November to bring forward a report which was not a code of conduct complaint investigation report

45:42The reason being is your code was a little unusual and I mentioned this at the time it

45:48requires the integrity commissioner if

45:52We give advice to a member of council

45:55But we discover in giving the advice that there may be a potential

45:59Contravention of the code we are to bring that to the attention of council and write a formal report

46:05I did do so that was a matter in which the mayor had reached out to us and

46:12Self-disclosed that he believed that there might have been an issue with respect to a matter in which he had received

46:21Some hospitality

46:23He was correct. We ended up determining that that was an improper

46:29gift benefit or hospitality

46:31But we did not believe that the mayor had acted inappropriately given

46:37The matter how it proceeded and so we found no

46:42ultimate

46:43We sorry we found perhaps a contravention of the code

46:46but one that could be excused as an error in judgment and

46:50We proceeded and we fully reported that

46:54emanating out of that something that we had recommended to the mayor the mayor

46:59Put forward a motion to make certain amendments to your code of conduct

47:05To address that particular situation

47:08I believe those amendments are coming forward and they will be dealt with at the meeting on March the 4th

47:15My partner Lord Dean will be speaking to that

47:18She has been making those amendments and a couple of other amendments which we will not report on this year's annual report

47:26But stay tuned. They will be forthcoming on March the 4th

47:31That's it with respect to the complaints as I indicated there were no

47:37Applications under the municipal conflict of interest act which leaves then the matter of advice the unheralded

47:45benefit of the integrity commissioner system where members of council members of local boards

47:52Can reach out to the integrity commissioner and seek advice and again?

47:56We we suggest that you please do so if you're unclear and you don't know if you have

48:05Conflict of interest a potential issue under the code of conduct or a matter under the municipal

48:11Conflict of interest act that you would like to get some advice on to prevent a

48:17potential complaint or application coming in and I must say council's been terrific with this

48:23Members of council have reached out to us members of local boards have reached out to us

48:28And in all instances you've been very respectful and have adhered to your requirements that the requests be put to us in writing

48:37Now there's several reasons for that

48:40First of all if you put it in writing

48:42Then we have a record of what you have asked in the background facts to it allows the integrity commissioner

48:50Consider the matter assess the matter and to be able to give cogent

48:55Proper valid advice as opposed to hey can I call you and then we're given a barrage of information

49:02And we're asked to make an assessment on the spot which I have to admit is not fair to us

49:08So I have to commend members of council. You've been very respectful

49:13And I think in almost all instances every member that's reached out to us has done so in writing

49:19And has given us the appropriate background facts a couple times. We've had to go back and ask for some

49:26clarifications we've given advice on the municipal conflict of interest act we've given advice with respect to the code of conduct

49:34with respect to particularly council staff relations and how those are to be

49:41to be

49:43worked on and

49:45and

49:46put forward so that there is an understanding that each

49:52Each arm of the municipality stays within its own lane

49:56And we've we've given advice to members of local boards as well

50:01Primarily on matters of conflict of interest. So we've given a variety of advice this year on

50:09On a variety of matters that have have come in

50:13So we remind members because a number of questions dealt with the council staff

50:19relation policy and matters on how to deal with the public that members are always to

50:27Remember that you're there to serve the public and the public is to be respected

50:32Potentially sometimes they're not terribly respectful towards you, but you should always deal with them a proper civility

50:40respect and a degree of professionalism because everyone deserves your respect

50:47especially especially when there's

50:49Divide or contentious or

50:52polarizing issues

50:54Please always attempt to take the high road. It'll hold you good in in the long run

51:00As I indicated we have been asked to provide our advice on

51:05Several proposed revisions to the code of conduct and those will be coming forward

51:11As we as I indicated earlier on March the 4th

51:17We were thinking of making some more extensive

51:21Revisions or suggesting more extensive to reason to the code we are backing off of that as you know the province had proposed

51:28bill 241 and

51:31in with that was a suggestion that the province would come back and

51:38Provide a uniform provincial wide code. So in conversations with your staff

51:43We have agreed that we will stand down and wait to see if a version of bill

51:49241 which died on the order paper will come forward with any government that's

51:56Elected following Thursday's provincial election. So stay tuned. There may be some suggestions for modifications

52:03Or we may stand down and wait for the provincial unified

52:10Uniform code if it's proposed in that way in closing remarks

52:16We will closely monitor whatever

52:19iteration of bill 241 comes out and we will undertake to report any material or

52:26substantive changes that may be needed to the code of conduct or

52:30The protocol or any other thing to do with the municipal accountability framework. So again, I will conclude

52:40This presentation be happy mr. Mayor to take any questions from you or any other member of council

52:46I have no reason to believe that there's any issues to

52:50really concern ourselves with the ethical integrity of

52:54This particular council and the members of this council and the members of your local board

52:59So given that it's tax season if I were your accountant

53:03I would advise you that your financial statements are all clear and in good order

53:09With that mr. Mayor, I've concluded my presentation

53:12But I will be happy to take any questions that you or any members may have me. Thank you. All right. Well, thank you very much

53:21and

53:22We're all hoping for good tax season reports

53:28Looks like I only have one counselor Gibson

53:32And counselor. Oh work after that. Thank you, mr. Masquer for coming today and thank you for the report

53:37I think I know the answer this but maybe I'll ask it anyway

53:40Could you are you willing to tell counsel in the public?

53:46With the nature of the complaints were they coming from fellow counselors or were they coming from the public?

53:55The complaints I believe

53:58We're all from members of the public every the four complaints that came in five complaints that came in

54:06I believe we're all from the public and they weren't

54:10councilmember initiated

54:12Okay. Thank you very much. I appreciate it. Thank you. Oh, Rourke, please

54:20Thanks, mr. Mayor through you to mr. Miss Karen. I have two questions

54:24And first, thank you because when I've asked questions, it's come back the next day

54:28lots of detail and and very clear and very comprehensive, so I appreciate that

54:35Tell me if I'm stealing your thunder and whether this will be addressed in the next

54:40Code, but what are the pros and cons of modifying the code so that we align with other municipalities in terms of the

54:48if advice identifies a contravention so

54:53Should we align or is that a good thing to to find a contravention even if it's inadvertent

55:01So council through you mr. Mayor to councillor award. Thank you very much for those comments and your questions

55:06So I just found the provision unusual. I haven't encountered that in any other

55:13Code of conduct that I've seen now

55:16Admittedly the ones where I'm integrity commissioner. I typically drafted the codes

55:22Whether I inherited something and then asked to it to be changed or we were the original integrity commissioner

55:29I haven't seen that though in any other code. It was a little unusual

55:33It threw me up for a loop when I first saw it and I said wow

55:37I actually have to go now

55:39and write a full report

55:42Where sometimes you may not have to do that

55:45You know one of the things that integrity commissioners are aligned on

55:49And your your lobbyists registered will probably tell you the same thing because she is the acme of

55:55integrity commissioners

55:56Is that integrity commissioners can investigate but they don't have to investigate in every case there may be all sorts of reasons why

56:05complaint isn't

56:07necessary for an inquiry a full inquiry or a full investigation and therefore it can be summarily dismissed

56:12Terminated with maybe just a notice being given to the complainant and the member and sometimes the member doesn't even know sometimes

56:19We deal with the complaint and it's over and done with because it doesn't deal with anything that needs to be reported on

56:26So I found it

56:28unusual

56:29Um, I must say I think it had its public purpose in your particular case

56:35It got something out into the open as I indicated and I disclosed that it was about the mayor because it was a public report

56:42And the mayor had self disclosed self declared that he had an issue and wanted some advice

56:48So, uh, but I was surprised that it was there. So, uh, again, I I would not have suggested that it'd be put

56:56In the code. I don't think it needs to necessarily be wrenched out right now, but it is an unusual provision

57:04Okay, thanks. I appreciate that

57:06Um, that's we can consider that further I suppose and then in your report. Oh, sorry. I just lost my spot there

57:14There's a reference to significant pecuniary interest and I think we probably ask this

57:19Every year, but we've had conversations around this horseshoe

57:23Around I have a membership for this

57:26Organization is worth $10 or something and right

57:30And I'm part of that and it wasn't me my husband has a membership to this thing and they're right

57:35Involved in a in a land deal. So I'll recuse myself

57:39But what is significant? So I've often pondered like really it's like a $10 membership, right? So how do we how do we?

57:49Evaluate that is it best to ask you whether it's significant ahead of time? Um, is it you know

57:57In case someone ever because you also don't want to recuse yourself from a vote where you should be

58:03Weighing in

58:05But yes through you mr. Mayor to councillor work. That's a very good question and I often say

58:11Here's the law the law says it doesn't actually really matter what

58:17Value is even a nominal value and the case that's always always brought out is a case called

58:25Darcy versus minnow where the amount at stake was $300 now anyone might say that's a significant sum of money

58:33Right, but the it everyone brings that out to say well, that's a I don't know. It's a relatively

58:39Smaller amount of money and so you wouldn't think that someone could be

58:45Influenced by $300 and yet the court says it doesn't really matter what the value what the dollar value is

58:53So something that's a $10 registration fee or something that you're a member

58:57I would say that's probably a de minimis matter and that it's not important nor

59:03Significant which are the two words that are used in the exception in section four of the municipal conflict of interest act

59:11Which is matters that are so insignificant or so remote that they won't actually be

59:18considered by the public to

59:20influence the member in having a

59:23Making a determination on the question

59:25So if you have any idea

59:29Or any concern about any matter then I would suggest just reach out

59:33But if it's something as minimal as a $10 registration fee, I don't think something like that would be

59:41A material matter or a significant matter that anyone would believe would influence your vote

59:49As the number gets higher, it's much more difficult to tell. Where's the breaking point? $100 200 500

59:56and that's why I would suggest that in any individual case a member can easily reach out and

1:00:02I do try to get back within 24 to 48 hours to any member that puts a written request

1:00:08So that's my answer. Councillor O'Rourke

1:00:11Always very helpful. Thank you

1:00:16Thanks seeing nothing further. Thank you, john

1:00:20We hope to never hear or see from you ever again

1:00:25Thank you very much, Mr. Mayor. I know you say that with the most uh, love and respect and uh,

1:00:31For for for your sake, I hope I don't have to show up other than maybe an education or training

1:00:38So thank you again, Mr. Mayor

1:00:40It's our honor and privilege to be your integrity commissioner and again

1:00:45Commendments to to counsel for their ethical standing this year. Good night. Appreciate it. Have a great night. Thank you. Thank you

1:00:53Okay, can I have a motion to

1:00:55To receive the report, please

1:00:58A downer please and Koran is second. Thank you. Oh, sorry. I'll go this way next time

1:01:04Uh, seeing nothing further anybody

1:01:07No, okay. Is anyone against receiving?

1:01:10No, okay, that's unanimous. Thank you. And then our next presentation

1:01:15And the last one for this evening is the 2024 annual report of the lobbyist registrar

1:01:21Suzanne Craig is going to give us a quick overview and update

1:01:28On that and we'll

1:01:31Get Suzanne on the screen now. I'd imagine

1:01:36Hey, I'm there. I am

1:01:38Hi, Suzanne. It's mayor Guthrie. How are you?

1:01:41Very well your worship

1:01:43Happy to be here. Thank you so much for joining us

1:01:46And uh, we'll just turn it right on over to you. We can both hear and see you well

1:01:51And you can give us your your update. Thank you

1:01:54Thank you. Good evening, uh, mayor Guthrie members of council

1:01:59It's a pleasure to be here tonight to submit to you the annual report the first annual report of the office of the lobbyist registrar for your consideration and receipt

1:02:09As you know, this is the first annual report since I've been appointed as your lobbyist registrar

1:02:16The city of guelph enacted the bylaw number 2024 2939 to establish and maintain a lobbyist registry

1:02:24And the intent of this bylaw is to enhance transparency and accountability by requiring individuals who lobby public office holders

1:02:32To register and file returns detailing their lobbying activities

1:02:36The bylaw came into force in october

1:02:392024 uh with penalties for non-compliance effective as of january the first 2025

1:02:46The bylaw has obligations for lobbyists only while members of council may advocate for the regime and act as ambassadors for the

1:02:53regime there is not an obligation on on the part of members under the current bylaw

1:02:58As is the case with almost all of the municipalities that have a lobbying regime except for the city of toronto where there is a corresponding obligation for members of council

1:03:08As lobbyists registrar for the city of guelph my responsibilities include providing advice

1:03:13opinions interpretation pertaining to the administration of the registry

1:03:17Conducting confidential inquiries removing a registration or return and advising city council on lobbying matters

1:03:24recommending improvements to the bylaw from time to time

1:03:27As set out in the report before you advise that lobbying activities under the bylaw is in large part a positive contributor to debate at the municipal level

1:03:36And is an important part of accountability at the city the registry as you contemplated when approving its creation

1:03:43affords greater transparency of who is communicating with which member of council on what issue

1:03:50For many for many in the business community and in the general public the question is often asked

1:03:56When a municipality institutes a lobbyist registry?

1:03:59Who is a lobbyist and is lobbying a good thing?

1:04:03The issue isn't the influence of lobbyists who are often knowledgeable professionals or business people who play an integral role

1:04:10In guiding you elected officials through the various complex policy issues

1:04:15That intersect with the private sector on what you will deliberate the real issue is without a lobbyist

1:04:22registry regime

1:04:23Some lobbyists try to influence

1:04:26Disproportionately certain elected officials without transparency a lobbyist registry and a robust lobbying regime

1:04:33allows transparency and decision making a lobbyist registry bylaw governs the transparency of access

1:04:40to members of council and senior administration who are public office holders under the bylaw

1:04:45And this is vital to your local democracy

1:04:48Thus lobbying is not restricting access

1:04:51But rather it is regulating access to allow for a level playing field with all who interact with you

1:04:57The online registry allows the public a window into government decision making real time

1:05:03The lobbyist code of conduct adds standards of conduct for lobbyists that promote public trust in government decision making

1:05:10Lobbying is a legitimate and useful activity when the bylaw standards of transparency and conduct are followed as is the case

1:05:18in your lobbying regime

1:05:20Businesses with a financial interest will not be considered to be lobbying

1:05:24If the communication is part of the city's procurement process or the planning process or by invitation by the city

1:05:30In other words, this additional accountability regime that you've enacted does not disrupt businesses

1:05:36interacting with city officials

1:05:38But rather allows greater transparency into the communication that will inform your decision making

1:05:44In terms of enforcement of the bylaw rules following the completion of an investigation if if I receive a complaint

1:05:52My office determines that there is a contravention

1:05:54I may impose penalties that are outlined in the bylaw which include for a first defense

1:05:59Up to 30 days prohibition from lobbying a second defense up to 60 days prohibition from lobbying

1:06:05and a third offense 90 day prohibition from lobbying or up to a permanent ban with communications at the city

1:06:12Additional measures that I may impose include mandatory education training sessions for the lobbyists

1:06:18The registry is in its first year and I'm pleased to report that I've received no formal complaints in this reporting period

1:06:25An important part of my role as your lobbyist registrar is to provide education on the regime

1:06:31To that end in collaboration with the office of the city clerk as I point out in the report before you in september

1:06:372024 my office participated in two public information sessions and two council information sessions

1:06:43At which general information on the lobbyist registry bylaw was provided and questions answered

1:06:49Since the registry went live there have been 40 registered lobbyists. There have been 24 returns or communications with public office holders

1:06:59The last part of the report before you sets out some of the examples of questions I received and the answers I provided

1:07:06I'd like to conclude by thanking council

1:07:09Mayor and members of council for their confidence in appointing me to this role

1:07:13The courage to adopt a lobbyist registry demonstrates I believe

1:07:17The mayor and members of council's commitment to walking the talk of accountability and transparency and decision making

1:07:23I applaud you for taking this bold move

1:07:26Lastly, I'd like to thank the city clerk and his staff for their assistance as I got up to speed in taking on this role

1:07:33Thank you very much members of council. And if there are any questions, I'd be pleased to take them at this time

1:07:40Thank you so much Suzanne for your presentation. We do appreciate it

1:07:44and

1:07:46Just let me see if there's any questions from anybody there

1:07:50There is not lucky you

1:07:53So thank you again. I'll let sorry council. I think I saw your hand go up. Is it to move the recommendation?

1:08:00Okay, so I'll just give me one second to say goodbye to our guest. Thank you very much

1:08:05Thank you. Mr. Mayor members of council. We'll see you next year

1:08:08Hopefully there'll be nothing until then. Good night. That's what we're hoping. Yeah. Thank you again. Bye. Bye. Good night

1:08:17Thanks councillor Allt is willing to move receipt and council ritchardson is willing to move

1:08:22As a seconder for that. Is there anything further on that item that presentation? No