As both a citizen and a candidate in this autumn’s municipal election I was trying to find out what rules govern the conduct of councillors in the City of Ottawa. I had been curious why some councillors appeared to act if they do NOT need to follow any rules, or forms of conduct.
So guess what?
Essentially, there are no rules that govern councillors in Ottawa! Councillors in the city of Ottawa essentially carry out their duties without any rules or codes of conduct.
The following statement is what I received from the City of Ottawa’s Clerk Mr. Rick O’Connor in regard to my inquiry on this matter:
Mr. Kostiuk
I have now had the opportunity to review your inquiry from June 8th, and can provide the following response. Presently, the City of Ottawa does not have a Code of Conduct for Members of Council (nor for any local board).
However, Council's Member Services Sub-Committee has been in the process of considering the matter. Staff research of this evolving matter is ongoing and will be coming forward before Council as part of the 2010-2014 Governance Review this Fall. The process was initiated through City Council’s 2007-2010 Strategic Plan. In July 2007, Council adopted the following Governance Objective: Establish clarity around conflict of interest and code of conduct policies for elected representatives.
Under this Objective, Council approved the establishment of “an overarching policy to govern the conduct of Members of Council.” In November 2007, City Council re-established the Member Services Sub-Committee and tasked the Sub-Committee with establishing clarity around a Code of Conduct for Members of Council (http://www.ottawa.ca/calendar/ottawa/city council/occ/2007/11-28/csedc/ACS2007-CMR-CCB-0023.htm).
And!
The establishment of an Integrity Commissioner position has been considered by the current Council as part of its 2007-2010 Council Strategic Plan process (July 2007). At that time, Council decided not to pursue the option to appoint an Integrity Commissioner (see motion below). As a result, staff have also been investigating different options for Council to consider with respect to compliance and enforcement
And continuing my inquiry via on-line research I was able to find a reference to codes of Conduct from the Ontario Municipal Act.
However, it is OPTIONAL for a city to create such a code!
The Ontario Municipal Act allows municipalities to do the following:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_01m25_e.htm
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
Definitions
223.1 In this Part,
“code of conduct” means a code of conduct described in section 223.2; (“code de déontologie”) Code of conduct 223.2 (1)
Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct for members of the council of the municipality and of local boards of the municipality. 2006, c. 32, Sched. A, s. 98.
No offence
(2) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence. 2006, c. 32, Sched. A, s. 98.
Integrity Commissioner
223.3 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to,
(a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them;
(b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or
(c) both of clauses (a) and (b). 2006, c. 32, Sched. A, s. 98.
Powers and duties
(2) Subject to this Part, in carrying out the responsibilities described in subsection (1), the Commissioner may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality. 2006, c. 32, Sched. A, s. 98.
So in the absence of a code of conduct, and the absence of an integrity commissioner, and the absence of an municipal ombudsperson (ombudsman?) what measures are in place to evaluate and monitor the actions of a councillor?
I have only found this one general item:
PART VI PRACTICES AND PROCEDURES
Municipal Organization and Administration Role of council 224.
It is the role of council, (a) to represent the public and to consider the well-being and interests of the municipality;
(b) to develop and evaluate the policies and programs of the municipality;
(c) to determine which services the municipality provides;
(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;
(d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;
(e) to maintain the financial integrity of the municipality; and
(f) to carry out the duties of council under this or any other Act. 2001, c. 25, s. 224; 2006, c. 32, Sched. A, s. 99.
Not much control or accountability is it?
Other than a blatant criminal act, or an offence under the Human Rights Act, there is little citizens can currently do to make their councillor accountable for their actions.
However, there is one option left, and that of course is the ballot box.
In the coming weeks I and other candidates may be making certain statements about the conduct of certain councillors that should have been resolved earlier if there had a been a code of conduct to deal with such situations.
In the absence of such a code of conduct, it is then up the media and the public themselves to “judge” the actions of those councillors whose actions may not have been in the best interests of the people of Ottawa.
Obviously Ottawa council does need a code of conduct and that is now part of my election platform. If elected I would propose, and vote for a code of conduct for Ottawa City Council.
Elections make politicians Accountable.
Let’s do just that!
Michael Kostiuk
Candidate for Councillor,
River Ward
Ottawa Municipal Elections 2010.
613-728-5409
michael@michaelkostiuk.com
Last update: June 22, 2010.