The Office of the Integrity Commissioner
Section 223.3 of the revised Municipal Act, supra, enables a
municipality to appoint an Integrity Commissioner, an independent
and impartial position that reports directly to Municipal Council, to address
the application of the Code of Conduct for elected officials and/or members of Local Boards. In
addition, the legislation provides that the Integrity Commissioner can be
delegated any or all of the policy matters surrounding the enforcement of Codes
of Conduct for elected officials and/or members of Local Boards.
Further, pursuant to section 223.4, an Integrity
Commissioner has the power to deal with requests to investigate suspected
contraventions of the Code of Conduct and has the right of free access to all
records of a municipality, a Councillor or a Local Board that the Commissioner
believes is necessary to investigate an inquiry. Section 223.4 of the Act also
specifies that the Integrity Commissioner may recommend the following penalties
should there be determination a contravention has occurred:
·
A reprimand; or,
·
Suspension of the remuneration of the Local Board
or Council member for a period of up to 90 days.
The full mandate of the Integrity Commissioner has four
components and is as follows:
1. Advisory:
The Integrity Commissioner will
provide written and oral advice to individual members of Council about their
own situation respecting Code of Conduct and other By-Laws/policies governing
the ethical behaviour of members, including general interpretation of the
Municipal Conflict of Interest Act; and providing the full Council with
specific and general opinions and advice respecting compliance by elected
officials with the provisions of governing Acts and other conduct policies;
2. Complaint
Investigation:
The Integrity Commissioner will
have the power to assess and investigate complaints made to the Commissioner
from a member of Council/public; or the whole Council, all pursuant to section
223.3 of the Municipal Act (click here for our
3. Complaint Adjudication:
The Integrity Commissioner will
have the power to determine whether a member of Council has in fact violated a municipal
protocol, a By-Law or policy governing their ethical behaviour and to recommend
a penalty as prescribed by the Municipal Act, except that Council shall make
the final decision on whether any penalty recommended is imposed on the member
found in contravention;
4. Education:
The Integrity Commissioner will
publish an annual report on findings of typical advice and complaint cases,
will provide, as required, outreach programs to members of Council and staff on
legislation, protocols and office procedures emphasizing the importance of
ethics for public confidence in municipal government; and will disseminate
information regarding the Office of the Integrity Commissioner to the public.
Municipal Council has appointed E4M (Expertise
for Municipalities) Solutions as the Township of Hornepayne’s Integrity
Commissioner.
Code of Conduct Complaint Form