At last night's (September 18) City Council meeting, Council gave three readings to a new Code of Conduct bylaw and passed it unanimously after lengthy discussion.

The Code of Conduct bylaw was last brought before Council at the August 21 meeting. At that time, the bylaw was tabled until it underwent a legal review after Mayor Peter Brown and Councillor Allan Hunter expressed concerns with the current draft. Having undergone legal review, the bylaw was brought back last night.

Director of the CAO's Office, Sharon Pollyck explained the draft last night did feature a number of amendments based on recommendations by the City's legal counsel. Direction on who can make complaints alleging a breach of the code of conduct, the method through which the complaint can be made, the process to determine the validity of the complaint, and the process to determine how sanctions are imposed to was added to the investigation portion of the bylaw to bring it more into alignment with upcoming regulations in the Modernized Municipal Government Act.

The draft also added broader sanctions, including issuing a letter of reprimand, requesting a Councillor issue a letter of apology, a requirement to attend training, and a number of possible suspensions. The definition of "bias" was changed to reflect common law bias. The draft also added definitions for violence, harassment and bullying, and a more detailed section on how to file a complaint and how investigations will be handled.

Joanna Klauer, a lawyer with MLT Aikins, was also on hand to answer questions.

Concerns from Councillor Hunter and Mayor Brown centred on a lack of objective standards for what conduct would be in breach of the code of conduct, and worries that Council would not have the necessary expertise to investigate complaints and carry out repercussions.

Klauer explained that the code of conduct is not meant to muzzle councillors, but to enhance professionalism. She also said that Council does not need to worry about lacking expertise. The code of conduct is essentially about good governance, saying that Council is already governing. She explained that council would decide what floats and sinks when it comes to behaviour.

"You don't need a judge to know someone's being a jerk," said Klauer.

Prompted by a question from Councillor Ron Chapman, Klauer said the proposed code of conduct is pretty much in line with codes of conduct in place with other municipalities in Alberta, and it deals with the same issues. She said the proposed code of conduct was actually a little more progressive, as it looked towards proposed regulations coming with the new Modernized Municipal Government Act.

Councillor Candice Kolson expressed her support of the bylaw, saying she was not concerned about a lack of expertise and that she did not feel it interfered with her rights as a councillor or a citizen. She also praised the idea of requiring a councillor to issue an apology or take some form of training, saying it gave council added tools that are not censure or sanctions.

"At the end of the day, this Council passes the bylaw and this Council chooses to enforce it."

Deputy-Mayor Fred Burley also supported the bylaw, saying his hope would be that it would be something that Council passes and then puts on a shelf to collect dust. He also said it was important for councillors to remember that in the view of the public, they are representing the City 24/7, and it was important for them to monitor themselves.

Councillor Kelly Hegg thanked Councillor Hunter for his level of scrutiny and said he respected Hunter's questions before making a motion for first reading of the bylaw.

The bylaw ultimately passed all three readings unanimously. Once signed, it will repeal the current code of conduct.

 

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