Definitions

1   In this bylaw:

"body" means Council or a Council-established body;

"committee member" means a person appointed to a Council-established body;

"Council-established body" means a committee, sub-committee, task force, commission, board established by Council under the Division 4 Committees, Commissions and Other Bodies of the Community Charter or the Local Government Act;

"complaint" means an objection made under in Part 2 of this bylaw on the basis that a council member engaged in conduct that contravenes this bylaw;

"complainant" means a person who has submitted a complaint;

"confidential information" means information or records held in confidence by the City, including

(a) information or records to which section 117 confidentiality of the Community Charter applies, and

(b) all information and records from closed meetings of Council until publicly released;

"conflict of interest" means pecuniary and non-pecuniary conflicts of interest governed by the Community Charter and the common law;

"gift or personal benefit" means an item or service of value that is received by a committee member for personal use or enjoyment;

"investigation" means an investigation conducted under Division 3 of Part 2 of this bylaw;

"investigation report" means a written report about an investigation prepared under section 29 reporting of this bylaw;

"investigator" means an the person appointed to fulfil the duties and responsibilities under Division 3 of Part 2 of this bylaw;

"municipal officer" means a member of staff designated as an officer under section 146 officer positions of the Community Charter;

"resident" means any person who would be eligible to vote in a municipal election in the City, along with any person holding a valid and subsisting business licence issued by the City;

"respondent" means a council member whose conduct is the subject of a complaint;

"sanction" means a sanction referred to in section 31 sanctions of this bylaw;

"staff" means an officer or employee of the City, but does not include contractors.

Interpretation

2   (1) The Interpretation Bylaw applies to this bylaw.

(2) This bylaw is to be interpreted broadly and in a manner that is consistent with the Community Charter.

(3) The foundational principles in section 4 foundational principles must inform the interpretation of the provisions of Division 2 of Part 1 of this bylaw but do not form stand-alone bases for complaints.

Purpose

3   (1) This bylaw establishes shared standards and expectations with respect to conduct, comportment, decorum and behaviour of council members.

(2) The residents of the City are entitled to have a fair, ethical and accountable municipal Council that acts in the public interest, conducting its business with integrity and in a fair, honest and open manner.

(3) The residents expect that council members will adhere to the highest standards of professional conduct, including the core ethical values of integrity, accountability, leadership, respect, openness, and collaboration.

(4) Council members are expected to perform their functions of office faithfully and to the best of their knowledge and ability, in accordance with these core ethical values.

(5) The intention of Council in enacting this bylaw is not to stifle council members or to limit their ability to fully perform the governmental and advocacy functions that their position entails, with all the vigour, flair and freedom that is typical of a well-functioning democratic institution, but instead to guide council members to undertake those functions in a manner that accords with sound ethical principles.

Foundational principles

4   Responsible conduct is based on the following foundational principles of integrity, accountability, leadership, respect, openness and collaboration:

(a) Council members are keepers of the public trust and must uphold the highest standards of ethical behaviour including by acting lawfully, being free from undue influence, and making decisions that benefit the community;

(b) Council members are trusted to act competently, diligently and responsibly and are accountable to the public for their actions and decisions;

(c) Council members must demonstrate and promote the key principles of this bylaw through their decisions, actions and behaviour, including behaving in a manner that builds and inspires the public’s trust and confidence in the City;

(d) Council members must conduct public business efficiently, with decorum and with proper attention to the City’s diversity, by always treating each other and others with respect;

(e) Council members must conduct their duties in an open and transparent manner, except where this conflicts with their duties to protect confidential information;

(f) The social fabric of communities and the well-being of residents depends on solid and sustainable community partnerships, andCouncil members will seek to collaborate whenever possible and appropriate.

Application

5   (1) This bylaw applies to all council members, inclusive of their actions in their capacity as members of various boards, committees and other discretionary appointments.

(2) The provisions of this bylaw apply to a council member's use of personal and professional social media accounts.

Compliance with laws

6   Council members must comply with all applicable federal, provincial and municipal laws in the performance of their public duties, including

(a) the Local Government Act,

(b) the Community Charter,

(c) Freedom of Information and Protection of Privacy Act,

(d) the Financial Disclosure Act, and

(e) all bylaws and policies of the City.

General conduct

7   Council members must not

(a) engage with others, including residents, staff, committee members and other council members, in a manner that is abusive, bullying, intimidating or derogatory, or

(b) use their office to attempt to gain personal benefits for themselves, their family or friends.

Respect for process

8   Council members must perform their duties in accordance with the policies, procedures and rules of order established by Council from time to time.

Interactions with staff

9   (1) Council members must not

(a) contact staff directly, unless the communication is directed to the city manager or for the purpose of seeking administrative clarity,

(b) interfere with, hinder or obstruct staff in the exercise or performance of their roles, responsibilities, powers, duties or functions,

(c) impair the ability of municipal officers or staff to implement Council policy decisions in accordance with section 153 prohibition against interfering with municipal officers and employees of the Community Charter,

(d) request or require that staff undertake personal or private work for or on behalf of a council member, or

(e) request or require that staff engage in political activities, or subject them to reprisal of any kind for refusing to engage in such activities.

(2) Council members may only direct questions and inquiries regarding departmental issues to the city manager or in accordance with applicable Council policies.

Interactions with the public and media

10   Council members must not

(a) publicly misrepresent a decision of Council, even if they disagree with that decision, or

(b) publicly make any defamatory comments about other council members.

Advocacy

11   (1) Council members must represent the official policies or positions ofCouncil to the best of their ability when designated as a delegate for this purpose.

(2) When presenting their individual opinions and positions, council members must explicitly state that it is their own personal view and that they do not represent Council or the City in those views.

Conduct of meetings

12   (1) Council members must conduct themselves with decorum at meetings, including by

(a) preparing themselves adequately,

(b) listening courteously and attentively to all discussions before the body, and

(c) focusing on the business at hand.

(2) Council members must not interrupt other speakers, make personal comments not germane to the business of the body or otherwise interfere with the orderly conduct of a meeting.

Confidential information

13   (1) Council members must keep in strict confidence information and records prohibited from release under section 117 confidentiality of the Community Charter.

(2) Without limiting the generality of subsection (1), council members must not disclose the following:

(a) information or records concerning the property, personnel, legal affairs or other information of the City distributed for the purposes of, or considered in, a closed meeting of Council;

(b) resolutions or staff report contents from a closed meeting of Council, unless and until a decision of Council has been made for the information to become public;

(c) details on Council's closed meeting deliberations or how individual council members voted on a question in a closed meeting.

(3) Council members must not use confidential information to advance, directly or indirectly, their own personal, financial or other private interests.

Conflict of interest

14   (1) Council members must not participate in discussion of a matter, or vote on a question in respect of that matter, if the council member has a conflict of interest.

(2) In respect of each matter before Council, council members must

(a) assess whether they have a conflict of interest, and

(b) determine whether it is necessary to seek independent legal advice at their own cost, except where the city manager approves the cost, with respect to any situation that may result in a conflict of interest.

(3) If a council member believes that they have a conflict of interest in respect of a matter in a Council or a committee meeting, the council member must do the following:

(a) prior to the matter’s consideration at a Council or a committee meeting, advise, in general terms, the mayor or chair of the meeting of the conflict of interest;

(b) leave any meeting if the matter is discussed and not return to the meeting until the discussion has ended and voting is concluded;

(c) refrain from discussing the matter with any other council member publicly or privately;

(d) refrain from attempting in any way to influence the voting on any question in respect of the matter.

Gifts

15   (1) Council members must not accept a gift or personal benefit, except in accordance with section 105 restrictions on accepting gifts of the Community Charter;

(2) In accordance with section 106 disclosure of gifts of the Community Charter, council members must disclose a gift or personal benefit that was received in accordance with section 105 restrictions on accepting gifts of the Community Charter.

Use of public resources

16   (1) Council members must not use resources provided to them by the City, including

(a) staff time,

(b) equipment,

(c) technology,

(d) supplies,

(e) facilities, or

(f) other property

for private gain or personal purposes.

(2) Council members must not use City resources, including City Hall or other premises owned or occupied by the City, for any election campaign or campaign-related activities except to the extent that the resources are similarly available to all candidates.

Informal resolution

17   If a council member believes that they have observed another council member engaging in conduct that contravenes this bylaw, the council member is encouraged use all reasonable efforts to resolve the complaint directly with the other council member before submitting a complaint under section 18 complaint procedure.

Complaint procedure

18   (1) Subject to section 17 informal resolution, a council member or staff may submit a complaint to the city manager.

(2) A complaint must

(a) be in writing

(b) be submitted within 30 days of the alleged breach, and

(c) include the following in sufficient detail:

(i) the name of the complainant;

(ii) the name of the respondent(s);

(iii) the conduct that the complainant alleges was in breach of this bylaw;

(iv) the date of the alleged conduct;

(v) the parts of this bylaw the alleged conduct breached;

(vi) the basis for the complainant's knowledge of the conduct;

(vii) if the complainant was a council member, whether there was any attempt to resolve the complaint informally under section 17 informal resolution.

(3) If the complaint referred to in subsection (1) alleges that the city manager is directly involved in the circumstances giving rise to the complaint, the complainant must submit the complaint to the mayor.

(4) If the mayor receives a complaint under subsection (3),

(a) the mayor may engage an independent delegate, including external legal counsel, to administer the complaint in accordance with this bylaw, and

(b) any references in this bylaw to the city manager in relation to the administration of the complaint must be interpreted to mean the mayor or delegate engaged under paragraph (a).

Exceptions

19   (1) The city manager may accept a complaint that does not comply with the requirements of section 18 (2) if the city manager determines that there has been substantial compliance or if the circumstances otherwise warrant acceptance.

(2) Subject to subsection (3), if a complaint is not submitted within 30 days in accordance with section 18 (2) (b), the city manager may grant an extension of 30 days.

(3) The city manager may grant an extension referred to in subsection (2) if the circumstances of the complaint are sufficiently serious.

Complaints made in election years

20   (1) In an election year, if a complaint is submitted within 90 days of the general voting day, the city manager must accept a complaint for further investigation in accordance with this bylaw.

(2) A complaint referred to in subsection (1) must be held in abeyance until after the new Council has taken office.

(3) If the council member who is the subject of a complaint held in abeyance pursuant to subsection (2)

(a) is re-elected, the city manager must accept the complaint for further assessment and investigation in accordance with this bylaw, or

(b) is not re-elected, the city manager must reject the complaint.

Preliminary assessment

21   (1) On receipt of a complaint, the city manager must forward the complaint to legal counsel for the City unless the city manager determines upon a preliminary assessment of the complaint that any of the following circumstances apply:

(a) the complaint is not with respect to a breach of this bylaw;

(b) the complaint is frivolous, vexatious or not made in good faith;

(c) the complaint would be more appropriately addressed through another process;

(d) the complaint does not comply with section 18 (2) and the respondent will be prejudiced by the complainant's failure to comply with section 18 (2);

(e) the complainant wishes to withdraw the complaint, and it would be appropriate to allow the complaint to be withdrawn;

(f) the complainant declined, without good cause, to make reasonable efforts to resolve the complaint informally under section 17 informal resolution;

(g) there are no possible grounds on which to conclude that the respondent breached this bylaw.

(2) If the City's legal counsel receives a complaint under subsection (1), the counsel must conduct a preliminary assessment of the complaint.

(3) If the city manager or legal counsel determines upon a preliminary assessment of a complaint that any of the circumstances in subsection (1)(a) to (g) apply, they must notify the complainant and respondent in writing that the complaint will be closed, stating the reasons for the closure.

Referral to investigator

22   (1) If after conducting a secondary assessment, legal counsel determines that the complaint should be accepted for investigation, the legal counsel must

(a) refer the complaint to a neutral and independent third-party investigator of their choosing to conduct an investigation, and

(b) notify the complainant and respondent of the referral.

(2) During an investigation, if the investigator determines that any of the following circumstances apply, they must notify the complainant and respondent in writing that the complaint will be closed, stating the reasons for the closure:

(a) the complaint is not with respect to a breach of this bylaw;

(b) the complaint is frivolous, vexatious or not made in good faith;

(c) the complaint would be more appropriately addressed through another process;

(d) the complaint does not comply with section 18 (2) and the respondent will be prejudiced by the complainant's failure to comply with section 18 (2);

(e) the complainant wishes to withdraw the complaint, and it would be appropriate to allow the complaint to be withdrawn;

(f) the complainant declined, without good cause, to make reasonable efforts to resolve the complaint informally under section 17 informal resolution;

(g) there are no possible grounds on which to conclude that the respondent breached this bylaw.

(3) Once retained, the investigator may only be dismissed for cause.

Criminal conduct

23   (1) If, at any stage in the complaint procedure, the city manager, legal counsel or investigator determines that there are reasonable grounds to believe that there has been a contravention of the Criminal Code, or learns that there is an ongoing police investigation into the conduct that gave rise to the complaint, then they must

(a) immediately refer the matter to the appropriate authorities,

(b) suspend any investigation into the complaint until any resulting police investigation and charge have been finally disposed of, and

(c) report the suspension of the investigation to Council, the complainant and the respondent.

(2) A complaint must be suspended while the respondent is on a mandatory leave of absence under section 109.3 (1) of the Community Charter.

(3) A complaint suspended under subsection (2) may be re-commenced only once the mandatory leave of absence ends pursuant to section 109.3 (1) (b) of the Community Charter.

Disqualification proceedings

24   (1) If, at any stage in the complaint procedure, the city manager, legal counsel or investigator determines that

(a) the subject-matter of the complaint is being addressed in a disqualification proceeding commenced under section 111 application to court for declaration of disqualification of the Community Charter, or

(b) the complainant could commence a disqualification proceeding under section 111 application to court for declaration of disqualification of the Community Charter in relation to the matter that is the subject of the complaint, then

the complaint must be immediately suspended until the proceeding under subsection (1) (a) has concluded or the time-period within which the complainant could commence a proceeding under subsection (1) (b) has expired.

(2) If a complaint has been suspended under subsection (1), it may be re-commenced upon the conclusion of a disqualification proceeding, or the time-period within which a disqualification proceeding could be filed has expired, if

(a) the respondent has not been disqualified from office by the British Columbia Supreme Court, and

(b) it would be in the public interest to do so.

Confidentiality of investigation

25   (1) Each person required to participate in the processing of a complaint under this bylaw must make all reasonable efforts to process and investigate complaints in a confidential manner.

(2) The investigator and every person acting under the investigator’s instructions must preserve confidentiality with respect to all matters that come into the investigator's knowledge in the course of any investigation or complaint, except as otherwise required by law.

Obstruction

26   (1) Council members, committee members, staff and residents must not obstruct any person authorized to perform duties under this bylaw in relation to the administration of this bylaw or the investigation of a complaint.

(2) Without limitation, the following constitutes obstruction:

(a) uttering threats or undertaking any reprisal against any person involved in the complaint;

(b) destruction of relevant records or documents;

(c) refusal to cooperate with the investigator.

(3) A person who is found to have obstructed a person authorized to perform duties under this bylaw will be subject to appropriate disciplinary action, which may include

(a) in the case of council members, sanctions,

(b) in the case of staff, discipline or termination for just cause, or

(c) in the case of a complainant, prohibition against filing a complaint under this bylaw for a specified and reasonable period of time.

Formal resolution

27   (1) The investigator must deliver to the respondent

(a) the complaint, and

(b) a request that the respondent provide a written response to the complaint within 10 days of receiving the complaint.

(2) The investigator may, at their discretion,

(a) deliver to the complainant the respondent's written response, and

(b) request that the complainant provide a written reply to the respondent within 10 days of receiving the respondent's written response.

(3) The investigator may, at their discretion, reasonably extend the 10-day time limit referred to in subsections (1) (b) and (2) (b).

(4) The investigator may

(a) speak to anyone relevant to the complaint,

(b) request disclosure of documents relevant to the complaint, and

(c) access any records in the custody or control of the City, within the meaning of Freedom of Information and Protection of Privacy Act, with the exception of records subject to solicitor-client privilege.

(5) The investigator must ensure that the investigation complies with the rules of procedural fairness and natural justice required in the circumstances of the complaint.

Adjudication

28   (1) Subject to subsection (2), the investigator must conclude the investigation and make a determination regarding the alleged contravention within 90 days of referral under section 22 (1).

(2) If the investigator determines that making a determination regarding the alleged contravention within 90 days is impractical pursuant to subsection (1), the investigator must notify the complainant and respondent of the delay and provide a revised decision date.

(3) The investigator may revise the decision date pursuant to subsection (2) by periods of up to 30 days at a time on provision of written notice to the complainant and respondent.

Reporting

29   (1) After reviewing all the material information, if the investigator determines that the respondent did not violate this bylaw, the investigator must

(a) write an investigation report providing reasons for their determination, and

(b) deliver a copy of the investigation report to the complainant, respondent and Council.

(2) The investigation report must include a determination of whether the complaint was submitted frivolously, vexatiously or in bad faith.

(3) After reviewing all the material information, if the investigator determines that the respondent violated this bylaw, the investigator must

(a) write an investigation report providing reasons for their determination, which must include

(i) a summary of the factual findings of the investigator,

(ii) an application of this bylaw, and any other applicable law, to the facts,

(iii) a determination of whether the respondent took all reasonable steps to avoid the contravention or whether the contravention was trivial, inadvertent or due to an error in judgment made in good faith, and

(iv) Subject to subsection (4), a recommendation of the appropriate sanction,

(b) confidentially deliver a copy of the investigation report to the respondent, and

(c) within 48 hours after the delivery of the investigation report to the respondent, confidentially deliver a copy of the investigation report to Council.

(4) If the investigator determines that the respondent meets the requirements set out in subsection (3) (a) (iii), the investigator may recommend that no sanction be imposed pursuant to subsection (3) (a) (iv).

Final determination by council

30   (1) Within 45 days of delivery of the investigation report, Council must determine whether the respondent violated this bylaw and, if so, the appropriate sanction, if any, that is warranted by the contravention.

(2) Before making a decision under subsection (1), the respondentmust be provided with an opportunity to comment, in person and in writing, to Council on the investigator's determinations and recommendations.

(3) When deciding the appropriate sanction, if any, pursuant to subsection (1), Council must

(a) receive the investigation report in a closed meeting for the purpose of receiving legal advice on its contents, and

(b) unless there is a valid basis for closing the meeting under section 90 meetings that may or must be closed to the public of the Community Charter, deliberate on the appropriate sanction in an open meeting.

(4) In deciding whether to close a meeting under subsection (3) (b), Council may request and consider the complainant's views.

(5) Council may, before making a decision under subsection (1), direct the investigator to investigate an aspect of thecomplaint further.

Sanctions

31   (1) Subject to subsection (2), Council may impose the following sanctions on a council member for a violation of this bylaw:

(a) a letter of reprimand from Council, addressed to the respondent;

(b) a request from Council that the respondent issue a letter of apology;

(c) the publication of the letters contemplated in paragraphs (a) and (b), along with the respondent's response, if any;

(d) directions to the city manager regarding the method of providing documents that contain confidential information to the respondent;

(e) a recommendation that the respondent

(i) attend specific training or counselling,

(ii) complete a specified number of volunteer hours, or

(iii) make a charitable donation of a specified or unspecified amount to a particular charity;

(f) limitations on access to certain City facilities;

(g) prohibition from representing the City at events or attending conferences;

(h) suspension or removal of the respondent from the acting mayor rotation;

(i) public censure of the respondent;

(j) reduce the remuneration to which the respondent would otherwise have been entitled in accordance with the Council Remuneration and Expenses Policy;

(k) any other sanction recommended by the investigator, so long as that sanction is within Council's authority.

(2) Council must consider the following when determining whether to impose a sanction on a respondent:

(a) the degree and nature of the conduct;

(b) whether the contravention was a single or repeated act;

(c) whether the respondent knowingly contravened this bylaw;

(d) whether the respondent took steps to mitigate or remedy the contravention;

(e) the respondent's history of other contraventions;

(f) if applicable, the investigator's finding that the respondent took all reasonable steps to avoid the contravention, or that the contravention was trivial, inadvertent or due to an error judgment.

Public release

32   (1) Subject to the City's obligations under Freedom of Information and Protection of Privacy Act, within 30 days of Council’s decision on the appropriate sanction, if any, Council may authorize the release to the public of the investigation report, or a summary thereof, along with a summary of Council’s decision.

(2) In exercising its discretion under subsection (1), Council may consider

(a) the complainant's position on the release of the investigation report, if any, and

(b) whether the sanction would be more effective with or without the release of the investigation report or summary thereof.

Reimbursement of costs

33   (1) A respondent may make a request to Council for reimbursement of the costs of legal advice and representation in responding to the complaint process outlined in this bylaw.

(2) After considering all of the circumstances, Council may resolve to reimburse legal fees reasonably incurred by a respondent, provided that all of the following are met:

(a) the respondent has not previously been found to have contravened this bylaw;

(b) the amount claimed is reasonable;

(c) the respondent did not engage in dishonest, grossly negligent or malicious conduct.

Frivolous and vexatious complaints

34   If a complaint is found to have been made in a deliberately frivolous, vexatious or malicious manner, or otherwise made in bad faith, the complainant must be subject to appropriate disciplinary action, which may include, but is not limited to the following:

(a) in the case of a complainant council member, sanctions;

(b) in the case of a complainant staff, disciplinary measures or termination for cause;

(c) prohibition from filing complaints under this bylaw for a specified and reasonable period of time.