File Photo (Image Credit: CFJC Today)

By Sadie Hunter

In The Loop

HUNTER: Codifying expectations — new bylaw aims to set standards for council conduct

Apr 18, 2023 | 10:27 AM

THE NEW COUNCIL CODE OF CONDUCT Bylaw No. 53 being presented to Council Tuesday (April 18) is intended to add a resolution process for handling complaints and add some specificity around some actions over and above what’s already included in the Community Charter. This includes more language around how to handle possible conflicts of interest, bullying and harassment, and communication.

Some of the proposed remedies for handling misconduct as defined in both the Code of Conduct and the Community Charter include:

● A letter of reprimand from council addressed to the member

● A request from council that the member issue a letter of apology

● A publication of those two letters

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● Directions, including terms and conditions, in which members may receive council or other city documents

● Mandatory training on city businesses, the Community Charter or this bylaw

● Mandatory training on respectful workplace communication

● Restriction or conditions on access to certain city facilities

● Suspension or removal of the Member from some or all Committees and bodies to which the Member was appointed

● Prohibition from representing the city at events

● Suspension or removal from appointment as deputy mayor

● Reduced remuneration, travel expenses, insurance, communications allowance

● Referral to prosecutor or police

● Public censure of a member

It’s unclear who the investigator would be — likely an outside consultant specializing in ethics complaints. There are a few legal experts in this field and with all of the conflict occurring in several municipalities right now, business is probably pretty good.

One thing which caught my attention was the reference to committees and committee members. According to the definition in the bylaw, a ‘Committee Member’ means a person appointed to a committee who is not a council member, and a ‘Member’ means a council member or a committee member. The bylaw applies to and “governs the conduct of all Members, and sets out the rules Members must follow in fulfilling their duties and responsibilities as elected officials or appointed Committee Members.”

By this definition, it appears this Council Code of Conduct bylaw may apply to appointed public committee members. I’m curious if this means the bylaw could be used to address some of the concerns brought forward regarding appointing members of the public to Standing Committees and hope this is clarified during Tuesday’s meeting.

The Code of Conduct also refers to specific sections of the Community Charter relating to conflict of interest and confidentiality. The wording of Bylaw No. 53 includes this statement “Committee Members shall comply with Section 117 [confidentiality] and Division 6 of Part 4 [conflict of interest] of the Community Charter as though they were Council members.”

It will certainly be interesting to see how this Code of Conduct is honoured and implemented. If adopted, it will go into effect immediately on May 2, the date of the final reading of the bylaw. If the activity over the last few months is any indication, Kamloops council may be another municipality keeping investigation consultants busy.

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Editor’s Note: This opinion piece reflects the views of its author, and does not necessarily represent the views of CFJC Today or Pattison Media.