Council Code of Conduct

Rule No. 1

General

 

a)    Members of Council shall avoid the improper use of the influence of their office, and conflicts of interest, both apparent and real. Members of Council shall not extend, in their discharge of their official duties, preferential treatment to family members, organizations or groups in which they or their family member have a pecuniary interest.

 
Commentary
 
As a result, Members of Council will have a common understanding that they will not participate in activities that grant, or appear to grant, any special consideration, treatment, or advantage to an individual which is not available to every other individual;
 
Members of Council recognize that their actions are governed by the Municipal Conflict of Interest Act (MCI), and that, by virtue of the provisions of that statute, the Integrity Commissioner of the City of Brampton has no authority to receive or investigate complaints regarding alleged contraventions under the MCI. 
 
 
b)    Members of Council shall avoid any interest in any contract made by him/her in his/her official capacity and shall not contract with the City or any agency thereof for the sale and purchase of supplies, material or equipment or for the rental thereof.
 
c)    Members of Council shall not engage in the management of a business carried on by a corporation nor profit directly or indirectly from a business, including but not limited to a corporation, that does business or has contracted with the City of Brampton, or hold an office or directorship, unless holding the office or directorship is in a social club, religious organization, other charitable organization or corporations with shares directly or indirectly held by the municipality.                    
 
d)    Approved exceptions
 
A Member of Council may engage in an activity prohibited by clause 1(c) if the following conditions are met:
 
1. The Member has disclosed all material facts to the Integrity Commissioner.
 
2. The Integrity Commissioner is satisfied that the activity, as carried on in the specified manner, did not create a conflict between the Member’s private interest and public duty.
 
3. The Integrity Commissioner has given the Member his or her approval and has specified the manner in which the Member of Council may remedy the situation.
 
4. The Member remedies the situation in the manner specified by the Integrity Commissioner
 
 
Commentary
 
Members of Council must adhere to the City’s purchasing policies and pay careful attention to the Councillors’ expense policies.  Examples of exceptions include, hospital boards and other not-for-profit organizations and charities.
 
 
 
Commentary
 
Members of Council shall not participate in activities that grant, or appear to grant, any special consideration, treatment, or advantage to an individual which is not available to every other individual member of the public. 
 
 
e)    Members of Council shall seek to serve the public interest by upholding both the letter and the spirit of the laws and policies established by the Federal Parliament, Ontario Legislature, and the City Council.
 
 
Commentary
 
A number of the provisions of this Code incorporate policies, procedures and provisions adopted by Council and contained in various statutes. The provisions of this Code are intended to be applied in concert with existing legislation and go beyond the minimum standards of behaviour.
 
 
 
f)     Members of Council shall fulfill their roles as set out in the Municipal Act and respect the role of staff in the administration of the business affairs of the City.
 
 
Commentary
 
Members of Council recognize that the decision-making authority for the municipality lies with Council, not an individual Councillor and that it is the role of the officers and employees of the municipality to implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions. Members of Council recognize and respect the role of City staff and affirm that only Council as a whole has the capacity to direct staff members. Council as a whole must be able to access information, on a need to know basis, in order to fulfill  its decision-making duties and oversight responsibilities.  Individual Members also recognize that the information that they receive as members of the decision-making body of Council  is subject to the confidentiality and disclosure rules of Provincial and Federal statutes and City of Brampton bylaws. (See Rule No. 3 on Confidential Information and Rule No. 16 on Conduct Respecting Staff).