Section 25(1) of The Code of Ethics Bylaw, Bylaw No.2017-4 requires Council to consider and respond to an investigation report within 90 days after the report is provided to the Executive Committee by the Integrity Commissioner.
Financial Impact
All services related to the investigation of this complaint pursuant to the Code of Ethics Bylaw, including all meetings and correspondence with the Complainant, Respondent, City Administration, City Council and all other witnesses and other interest parties; the review of relevant bylaws, policies and applicable laws; the gathering, review, analysis of evidence; consideration and drafting of the investigation report; and all other matters related to the investigation of the complaint took 38.7 hours of resource time and a total cost of $13,702.95.
There are no accessibility, environmental, legal/risk, strategic/policy or other impacts.
Option 1 (Recommended): Approve the recommendation from the Integrity Commissioner to sanction the respondent and require Councillor Shaw to receive some training or education on how to communicate effectively in a respectful and courteous manner.
Option 2: Impose another censure, sanctions or corrective actions allowed by law, in accordance with section 24(4) and 25(3) of the bylaw. Possible sanctions may include but are not limited to:
(a) a reprimand;
(b) requiring that the member apologize to those impacted;
(c) requiring educational training;
(d) removing the member from Council Committees or other bodies; or
(e) dismissing the member from a position of chairperson of a Council committee.
Option 3: Impose no sanctions, censure or corrective actions.
A public service announcement was issued on September 9, 2022 to advise that this report would be considered by City Council at its meeting scheduled for September 14, 2022. An extension to the deadline for delegations wishing to register to address City Council on this matter was extended to September 12, 2022 by 12 p.m.
A complaint has been made under The Code of Ethics Bylaw from Councillor Andrew Stevens against Councillor Terina Shaw. The Code of Ethics Bylaw for members of Council outlines the process on what happens next (Sections 24 to 27). There is an appointed Integrity Commissioner (Angel Kruk) who is tasked with taking on the investigation and determining validity of complaints. Only substantiated complaints are presented to Council, and any complaints found not to be substantiated for any reason remain confidential. A report of the Integrity Commissioner on any substantiated complaints first is presented in-camera at Executive Committee, followed by being presented publicly to City Council within 90 days.
In accordance with Section 24(2) of the Code of Ethics Bylaw, which requires the Integrity Commissioner to report to Executive Committee where they have found a violation of the Bylaw. The Integrity Commissioner filed the attached final investigation report that was conducted (Appendix A) with the Office of the City Clerk on June 16, 2022 for consideration by the Executive Committee.
The Executive Committee considered the attached report (Appendix A) at its meeting in-camera on both July 6 and September 7, 2022. Section 27(3) of the bylaw permits Executive Committee to consider the investigative report in a private meeting for the purposes of receiving advice and deliberating on the report. When Council responds to an investigation report, it must do so in a public meeting, with the report being made available to the public.
The Integrity Commissioner has made an impartial ruling based on review of information, and City Council is only responsible for disciplinary action. Council may impose a censure sanctions and corrective actions recommended by the integrity commissioner or any other censure sanctions and corrective actions allowed by law.
Possible sanctions may include but are not limited to:
(a) a reprimand;
(b) requiring that the member apologize to those impacted;
(c) requiring educational training;
(d) removing the member from Council Committees or other bodies; or
(e) dismissing the member from a position of chairperson of a Council committee.
City Council has no legal authority to remove a member of Council from office arising from a substantiated ethics bylaw complaint.
On July 6, 2022 Executive Committee considered item E22-27 Integrity Commissioner Report in private session.
Section 25(1) of The Code of Ethics Bylaw, Bylaw No.2017-4 requires Council to consider and respond to an investigation report within 90 days after the report is provided to the Executive Committee.
Respectfully Submitted,
_______________________________________
Amber Ackerman, Interim City Clerk 9/9/2022
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