2023 Annual Report of the Integrity Commissioner, dated February 27, 2024, be received.

2:43:42Okay, we're going on to the next one,

2:43:43the 2023 annual report of the integrity commissioner.

2:43:46We have a presentation from John Mascarin online.

2:43:50I imagine. Yep. Okay.

2:43:55Hello, John. It's Mayor Guthrie.

2:43:57Thank you for joining us.

2:43:59And good to see you.

2:44:01And I will turn your presentation over to you.

2:44:04Thank you very much.

2:44:06Good evening, Mayor Guthrie, members of council.

2:44:09It's my pleasure to be back.

2:44:10This is my third time delivering our annual report

2:44:14as integrity commissioner for the municipality.

2:44:17And I believe in the last couple of years,

2:44:19I've used the education moniker and I've said,

2:44:22well, this is kind of your report card.

2:44:25How about we switch it up this year

2:44:26and I will go to the health services

2:44:28and we'll talk about your bill of health.

2:44:31So I'll get to that in just a moment.

2:44:34So mayor and members of council,

2:44:38the purpose of an integrity commissioner's annual report

2:44:41is essentially to provide council

2:44:44as well as the broader public

2:44:46with an opportunity to understand

2:44:48the ethical wellbeing of the city's elected

2:44:52and appointed officials through the lens of our activities

2:44:57as the integrity commissioner for the municipality.

2:45:00So as I indicated, this is the third annual report

2:45:04that we have prepared since our initial appointment,

2:45:07which took place on back in 2020.

2:45:132020, we were appointed and we commenced our services

2:45:16on January the 1st, 2021.

2:45:21Our report is set out in the same format

2:45:24that you've seen last year.

2:45:26I thought it was important to again,

2:45:28emphasize what the functions of the integrity commissioner are.

2:45:32They are set out in section, subsection,

2:45:36two, two, three, point three, sub one of the municipal act.

2:45:41As I've indicated to you before and to your residents,

2:45:46our mandate is a statutory one.

2:45:49Every municipality must have an integrity commissioner.

2:45:53You have appointed Aaron Burlis,

2:45:55my firm as the integrity commissioner,

2:45:57and we're very privileged to do this work

2:46:00on behalf of the city.

2:46:02You'll see that our functions are set out there.

2:46:06They are in a sense threefold.

2:46:09One is we provide education to members of staff,

2:46:15to the municipality broadly.

2:46:16We provide education to members of council,

2:46:20members of local boards and to the public.

2:46:24And this is one opportunity that we have.

2:46:27We had an earlier opportunity,

2:46:28and I'll speak to it a little bit later,

2:46:30when we provided an education and training session

2:46:33for members of council and members of your local boards,

2:46:36and the public was invited.

2:46:38You had it in an open public session,

2:46:40which is a really good thing,

2:46:41which makes us able to fulfill one of our requirements,

2:46:45which is to provide education to the public.

2:46:49We also look at complaints where we can examine

2:46:54allegations of wrongdoing by giving a fair opportunity

2:46:59to the member who's accused of perhaps having misstepped

2:47:02or done something wrong to have their say,

2:47:06and to then report to council on our findings.

2:47:09And thirdly, and one of the most important things,

2:47:12and I emphasize this probably every year,

2:47:15is members of council, members of local boards

2:47:18can reach out to the integrity commissioner for advice.

2:47:23And it's not general advice,

2:47:25it's specific advice that's catered specifically

2:47:29to the member's unique circumstances, factual circumstances,

2:47:35paired with something that may be happening

2:47:38at the municipality,

2:47:40typically something that may be coming up at council.

2:47:43For instance, a question on conflict of interest,

2:47:46a question on new influence.

2:47:49Perhaps it's outside of something that happens

2:47:51at the council meeting at the council table,

2:47:54it may be a gift or benefit, it may be improper conduct,

2:47:58it may be a leak of confidential information.

2:48:01These are all things that are governed by your code,

2:48:04by the Municipal Conflict of Interest Act,

2:48:07and all things that we can give you,

2:48:11you as members of council and members of your local boards,

2:48:15specifically catered advice,

2:48:19so you do hopefully the right thing.

2:48:23That is a new unique, a new power

2:48:27that was given to integrity commissioners,

2:48:30and was given to members of council

2:48:32to request of their integrity commissioners

2:48:35back in the Bill 68 amendments in 2019.

2:48:39So those are three main functions,

2:48:42and as you can see, it encompasses the code of conduct,

2:48:46any ethical policies, guidelines, rules or procedures

2:48:50that the municipality may put into place.

2:48:53For example, the council staff relationship policy,

2:48:59a mandatory policy that the council has to have in place

2:49:04for the municipality.

2:49:06So going to the report, as I indicated,

2:49:10it sets out our activities and our functions

2:49:12and how we discharge them over the past year.

2:49:15So this is the last calendar year.

2:49:18And on page two of our report,

2:49:21we start off with the complaint investigations,

2:49:23and last year our office received three complaints.

2:49:27That's down from the year before.

2:49:30We reported on only one of the complaints,

2:49:33and that was a complaint against not a member of council,

2:49:36but a member of a local board.

2:49:37And my partner, Laura Dean, had come before you

2:49:40with her report back in early January,

2:49:44where she indicated that there was no contravention

2:49:47of the code of conduct by the local board member.

2:49:52They did not act disrespectfully

2:49:55or without proper decorum and professionalism.

2:49:58And in fact, Laura concluded her report

2:50:01by indicating that respectful disagreement and debate

2:50:06are actually essential to the public debating process

2:50:10at council.

2:50:11So there's nothing wrong members for you

2:50:14or members of your local boards

2:50:15to disagree with one another.

2:50:17You can have disagreements and reasonable people

2:50:20will reasonably disagree with one another.

2:50:23Reasonable people will also act with professionalism,

2:50:26with civility, and with courtesy.

2:50:28Something that I find is lacking

2:50:30in many, many municipal councils.

2:50:33And I must have to say, this, yours is not one of them.

2:50:37There were two other complaints filed

2:50:39towards the end of the year,

2:50:40and you'll see that at the top of page three of our report.

2:50:44That was coupled with one that was filed early this year

2:50:47against a member with certain allegations

2:50:49that we are currently looking at and reviewing.

2:50:52So I cannot report on the findings of those three complaints.

2:50:57I can only indicate that they're all very similar.

2:51:00I'll relate to it's significantly the same matter.

2:51:05And well, I won't say anything more

2:51:09because we haven't gone further,

2:51:10but I'll report on those next year.

2:51:14So now turning to the advice giving function,

2:51:18I must say I am very heartened

2:51:22by what I've received from members of council

2:51:26at the city of Guelph and by your local board members.

2:51:30I have received, and this is not telling tales,

2:51:35and I'm not trying to wax anybody's surfboard,

2:51:38but I wanna be honest about this.

2:51:40I have probably received the best types of questions

2:51:44and requests for advice.

2:51:47The questions always seem to be about

2:51:50your own personal obligations.

2:51:54In many municipalities, I have members of council

2:51:56who are always asking about other people's obligations.

2:52:01That we cannot advise upon.

2:52:03We can only advise a member of council,

2:52:05a member of a local board with respect to your own obligations.

2:52:09And in all respects, you have always done that.

2:52:14You have always done that.

2:52:16So this past year, we received eight requests

2:52:20from I believe six members of council.

2:52:24So we had a couple of people

2:52:25who asked questions more than once.

2:52:27And you'll see that we have provided summaries,

2:52:32not redacted, but anonymized summaries

2:52:35of the advice that we provided.

2:52:38A number of the questions are related

2:52:41to the municipal conflict of interest act.

2:52:44And essentially asked, here is a thing

2:52:47that's coming before council,

2:52:49a matter that's coming before council,

2:52:51an issue, a question.

2:52:53Do I have a pecuniary interest?

2:52:56Do I have a disqualifying pecuniary interest

2:52:59that I must disclose and then recuse myself

2:53:02when participating in the discussion?

2:53:04And in here, I've provided, I believe,

2:53:08five anonymized summaries of advice

2:53:15that we provided to members.

2:53:16We also provided some additional advice

2:53:19with respect to a pecuniary interest

2:53:22under the municipal conflict of interest act.

2:53:25And I just want to point this out to council.

2:53:27I was asked, and this is common,

2:53:30do I have a pecuniary interest

2:53:33because I received a notice under the planning act,

2:53:37whether it's 60 meters, 120 meters,

2:53:40of the development application?

2:53:43And the answer always is,

2:53:45is that the receipt of a notice

2:53:49to a person within the catchment area,

2:53:52typically will be prima facie,

2:53:58prima facie indication

2:54:00that there may be an impact on that property.

2:54:04The planning act has deemed it appropriate

2:54:07to provide that notice shall be given

2:54:09to certain persons within a certain geographical area.

2:54:13That doesn't necessarily equate to a pecuniary interest,

2:54:18but it often does.

2:54:19So we have to look at it through that lens.

2:54:22And we again see the receipt of a planning act notice,

2:54:28whether again, it's 60 or 120 meters

2:54:32as prima facie indication

2:54:33that there is some impact on the property.

2:54:36And it typically relates to a financial impact.

2:54:40We also advise someone on matters of election and so on.

2:54:47We then also gave other advice, sorry,

2:54:49that's apart from the Municipal Conflict of Interest Act.

2:54:52We also gave advice with respect to rules, policies,

2:54:56preclusions for running for election for other office.

2:55:00And finally, we also advised on an interesting question

2:55:05on the principle of members of council

2:55:09having to support decisions of council.

2:55:13My view has always been, and I'll say it as bluntly

2:55:15as I can for council tonight,

2:55:18I appreciate that not every decision of a council

2:55:22is unanimous, there are matters of disagreement.

2:55:26And unlike politicians at the federal or provincial level

2:55:32that have parties, you do not have parties

2:55:34at the local level.

2:55:36And therefore there are disagreements.

2:55:39And there is no general principle

2:55:42that a member of council has to stand up and rah rah

2:55:47and always support a decision that council has made

2:55:51and essentially fall on their sword

2:55:53and say it was the best decision ever made

2:55:55after they have exercised their role

2:55:58as a representative of their residents

2:56:01to debate and perhaps argue against the very bylaw enacted.

2:56:05So your code of conduct does not actually have this enshrined

2:56:12but the principle is seen.

2:56:15And I would read it like this.

2:56:17You do not have to support by rah rahing, cheerleading

2:56:23every decision that council makes.

2:56:25However, what you are not to do

2:56:27is you cannot disrespect the decision

2:56:31by belittling it or ridiculing it, denigrating it

2:56:34in any way or the people who made it.

2:56:37So I think I put a different spin on the question

2:56:41of supporting and being in solidarity behind the bylaw.

2:56:47No, every municipal council shall respect the process

2:56:51and the fact that an elected body of local representatives

2:56:56made the decision, which then you have to live by.

2:57:00Okay?

2:57:01So that's it for the advice giving function.

2:57:05This year, there were also revisions to the code.

2:57:08They were made as part of a staff report

2:57:12on September the 6th that came before committee of the whole.

2:57:16We were asked to look at the code of conduct

2:57:19and make any recommendations for any revisions

2:57:23based on the strong mayor authority that had come into play.

2:57:28Now, we were keenly aware and acutely aware

2:57:31that Mayor Guthrie had delegated back his authority

2:57:35as a strong mayor that was given to him

2:57:38under the strong mayor's building homes act.

2:57:41He had delegated back certain authorities to council.

2:57:45So we were acutely aware of that.

2:57:46However, there were provisions in the code of conduct

2:57:50that spoke to council members only being a single person

2:57:57and having no unilateral executive or ministerial authority.

2:58:02Okay? That's the rule.

2:58:03Council member can really only have power

2:58:06if they act in concert with other members of council

2:58:10that form a majority and they pass bylaws,

2:58:13resolutions at council meetings or give directions to staff

2:58:17to do certain things.

2:58:18That's the exercise of power.

2:58:20With the strong mayor authority,

2:58:23however, the mayor has been elevated

2:58:27and has certain specific unilateral executive powers.

2:58:33And so we did need to amend the code of conduct

2:58:37in certain respects to recognize that.

2:58:40And we put those in place

2:58:43and those were enacted by council.

2:58:46They were supported by committee of the whole

2:58:48and then they were enacted by council.

2:58:50So there have been some modifications made

2:58:52to your code of conduct,

2:58:54but really they only relate to the strong mayor powers.

2:59:00We also became aware towards the end of the year

2:59:03of an interesting deficiency in your otherwise

2:59:07really well put together complaint forum.

2:59:10Guelph has a really remarkable online complaint forum

2:59:16that anyone can fill out

2:59:17and it's automatically sent to us.

2:59:21But we found out that it was only optional

2:59:23for the person to provide contact information,

2:59:26which did not make it very good for us

2:59:28if we needed to clarify or ask further questions

2:59:31of the person who was filing the complaint

2:59:33and the person didn't exercise their authority

2:59:35to provide contact information.

2:59:38Interestingly enough,

2:59:39we've been your integrity commissioner for three years

2:59:42and we never noticed that deficiency.

2:59:44The reason being is complainants who had filed complaints

2:59:48before had always inserted their contact information.

2:59:52So we never had to question it before.

2:59:54That change was made.

2:59:55It was an administrative change

2:59:57that did not require council to be involved.

3:00:00But I wanted to note that.

3:00:02Finally, I do want to indicate

3:00:04and I am very proud of having been asked

3:00:08by your staff and by council to come

3:00:11and provide an education and training session

3:00:15I did so on February the 15th.

3:00:18I came in person like tonight or I'm virtual

3:00:23to the council chambers

3:00:25and I provided what I could refer to

3:00:28as a pretty robust training session.

3:00:32And I spoke about the code of conduct,

3:00:35the role of the integrity commissioner

3:00:37and how council members, local board members

3:00:41are to comply with and be very cognizant

3:00:45of the municipal conflict of interest act.

3:00:47I received many questions that evening

3:00:49and kudos to council who invited members of local boards

3:00:54to attend at the session.

3:00:57And I thought that was a pretty well received session.

3:01:02I thank council again for the opportunity to do that.

3:01:06So I've come to the end, Mr. Mayor.

3:01:08I don't want to belabor the point,

3:01:09but as your doctor, as your ethical doctor,

3:01:12I would say that you have a clean bill of health.

3:01:16I have not discerned any issues of a systemic

3:01:22or of a personal individual nature

3:01:26that I have to be concerned about.

3:01:28As integrity commissioner,

3:01:29you have a clean bill of health for 2023.

3:01:33And again, let me just say it,

3:01:36I'm privileged to appear tonight in front of you

3:01:40as a representative of Airdin Burlitz,

3:01:42which is your appointed integrity commissioner.

3:01:43And I look forward to working with you, Mr. Mayor,

3:01:46as well as members of council and your local boards

3:01:49and staff for 2024.

3:01:53I'd be pleased to answer any questions

3:01:55that you or any member of council may have.

3:01:57Thank you.

3:02:00Great, thanks, John.

3:02:02We appreciate you joining us again tonight

3:02:04and I appreciate your advice and candor.

3:02:08So thank you very much for doing that.

3:02:11Let me see if there's any follow-up for John.

3:02:14Council, no?

3:02:16Did you have a follow-up for Councillor Clark?

3:02:18Yeah.

3:02:19You worship, I wanted to move receipt of the report.

3:02:21Just before, I just want to make sure that we're good.

3:02:24Looks like we're good, John.

3:02:25Thank you, very fulsome report.

3:02:29And we thank you again.

3:02:30And we'll look to move the recommendation

3:02:34to accept your report.

3:02:36Thank you very much, Mr. Mayor, members of council.

3:02:39Thanks, have a great night.

3:02:41Good night.

3:02:43Thank you, Councillor Goller.

3:02:43Yes, and seconded by Council Richardson to receive.

3:02:47Thank you.

3:02:48Anything further?

3:02:49No, okay, I'll call the vote.

3:02:50Is anyone against that presentation and report?

3:02:54No, that's unanimous.

3:02:55Thank you so much.

3:02:57We're on to, I believe, our last agenda item, everybody.