HomeMy WebLinkAboutCOR-2021-20 - Equity, Inclusion and Anti-Racism PolicyREPORT TO:Financeand Corporate Services Committee
th
DATE OF MEETING:August 9
, 2021
SUBMITTED BY:Suzanne Charles Watson,Director of Equity, Anti-Racism &
Indigenous Initiatives
PREPARED BY:Elin Moorlag Silk, Project Manager, Equity, Anti-Racism &
Indigenous Initiatives
WARD(S) INVOLVED:AllWards
th
DATE OF REPORT:July 29, 2021
REPORT NO.:COR-2021-20
SUBJECT:Equity, Inclusion & Anti-Racism Policy
RECOMMENDATION:
Thatthe new Equity, Inclusion and Anti-RacismPolicy, attached as Appendix A of
COR-2021-20be approved;andfurther,
That amendmentstoCouncil policy GOV-COU-005 (Code of Conduct for Members of
Council, Local Boards & Advisory Committees), as outlined in Appendix B of COR-
2021-20beapproved.
REPORT HIGHLIGHTS:
The purpose of this report isto present, for Council consideration, a new Equity,
Inclusion & Anti-Racismpolicy, and further, amendments made to the existing Council
Code of Conduct (GOV-COU-005) in accordance with the corporate commitment to
equity, inclusion and anti-racism.
The significanceof this policyis to outline the City of Kitchener’s commitment to develop
and foster a workplace and organization where equity, inclusion and anti-racismare
core principles which help shape the City’s policies, programs, services and procedures.
Further, the policy outlines specific actions to address, mitigate and eliminate racism
and oppression at theCity of Kitchener, including: 1) Identify and remove systemic
barriers, 2) Strive for diverse representation of City staff, 3) Maintain dedicated staff with
lived experience in racism and oppression, 4) Provide ongoing training, and 5) Ensure
ongoing data collection and public accountability.
This policy was developed in collaboration with a working group of the Mayor’s Task
Force on Equity, Diversity and Inclusion, which is predominantly comprised of
community memberswhose lived experiences and expertise in a wide variety of areas
directly informed the direction, scope and contents of this policy
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
This report supports the theme ACaring Communitywithin the Corporate Strategic
Plan as one element of the eight bodies of work developed by the Mayor’s Task Force
on Equity, Diversity and Inclusion
BACKGROUND:
In September 2019, the City launched the Mayor’s Task Forceon Equity, Diversity and
Inclusion,which was comprised of 45 members from four groups: community volunteers
(selected through an application process), representatives from community organizations,
City staff, and members of City Council. The task force split into eight working groups, each
focused on a specific body of EDI-related workto support bringing about sustained,
meaningful change across the corporationthrough the development of tangible deliverables.
The Task Force wrapped up in June of 2021, andall deliverables whichrequire
consideration and approval by Council will be presented over the next several months.
ThisEquity, Inclusion and Anti-Racism Policy was developedby one of the Task Force
working groups in collaboration with community members, Citystaff,andlawyers with
expertise inemployment and human rights.An update about the development of this policy
th
was brought to City Council on May 10, 2021,whereby staff outlined the purpose and intent
of the policy, along with the recommendation that the Code of Conduct which governs
members of Council, Advisory Committees and Boards (GOV-COU-005)be updated to
reflect the corporate commitmentto equity, inclusion and anti-racism.At that time members
of City Councildirected staff to revisethe Code of Conductand agreed that next steps would
be to bring both the new policy and revisedcode of conduct to Council for approval in the
summer of 2021.
REPORT:
Equity, Inclusion and Anti-Racism Policy
The purpose of this policy is to outline the City of Kitchener’s commitment to develop and
foster a workplace and organization where equity, inclusion and anti-racism are core
principles which help shape the City’s policies, programs, services and procedures.The
policy further providesclear descriptionsfor leadership, staff, and volunteers at the City so
they are aware of and understand the principles of equity, inclusion and anti-racism, and
their roles in upholding these core principles.
The CorporateCommitment to Equity, Inclusion and Anti-Racismis identified in the
policy as the following:
“The City is committed to operating as an organization where racism and
oppression are not permissible at either an individual or systemic level. With
this commitment is the expectation that as an organization the City is
working on actions to address, mitigate and eliminate racism and
oppression.”
In operationalizing this commitment, the following actions have been identifiedin the policy:
a)Identify and remove systemic barriersin programs and services, policies and
procedures
b)Strive for diverse representation of City staffthrough systematicdemographic
data collection, the identification and elimination of systemic barriers in hiring and
promotion, addressing racism and oppression experienced by staff, and ongoing
monitoring, assessment and modifications.
c)Maintaindedicated staff with lived experience in racism and oppression to lead the
work
d)Provide ongoing training to staff and direct volunteersfocused on equity, anti-
racism and Indigenous reconciliation
e)Ensure ongoing data collection and public accountability, which will include the
following:
High-level updates on the work of the Equity, Anti-Racism and Indigenous
Initiatives team
Disaggregated demographic data collected across the corporation
Tracking data for all staff completion of Equity and Anti-Racism training as per
the corporate training strategy
Tracking data for all policy and procedure reviews that have been completed
using an Equity, Inclusion and Anti-Racism lens
The policy will applytoall City of Kitchener staff and direct volunteers. In the application of
this policy, it is acknowledged that it is not solely the Equity, Anti-Racism and Indigenous
Initiatives team who will be responsible for this work across the organization. All members
of the organization, and particularly those in leadership and decision-making positions, are
responsible for fostering a workplace culture where equity, inclusion and anti-racism are
integral to all operations at the City.
Please see Attachment A for the complete Equity, Inclusion and Anti-Racism Policy.
Amendments to GOV-COU-005(Code of Conduct for Members of Council, Local
Boards and Advisory Committees)
This Code of Conduct applies to members of Council, Local Boards and Advisory
Committees, all of whom are not covered under the Equity, Inclusion and Anti-Racism
Policy. In accordance to direction provided by Council at aStrategy Session held on May
th
10,2021, the following proposed amendmentshave been madeto GOV-COU-005 in order
to reflect the City’s commitmentto equity, inclusion and anti-racism:
1.POLICY PURPOSE\[bullet pointadded\]
members are responsible for conducting their duties and responsibilities in a
manner that is consistent with the City of Kitchener’s commitment to equity,
inclusion and anti-racism, whereby racism and oppression are not permissible at
either an individual or systemic level, in accordance with policy GOV-COR-XXX
(Equity, Inclusion and Anti-Racism); and;
2.DEFINITIONS\[definitions added\]
“Anti-Racism”–shall mean working to understand and dismantle racism. It is a change
and transformation focused practice and requires action. It’s not anti-racism if a
conversation isn’t followed by concrete actions and accountability.
“Equity”–shall mean seeking to create the conditions for fair and equal access and
opportunity for everyone, by addressing discriminations, exclusions and barriers
experienced by distinct groups. Equity is not the same as equality, nor is it the same as
inequality.
“Inclusion”–shall mean the achievement of a work environment in which all individuals
are treated fairly and respectfully, have equal access to opportunities and resources, and
can contribute fully to the organization’s success.
“Oppression”–shall mean the social act of placing restrictions on an individual or group
by those in positions of power. The oppressed individual or group is devalued, exploited
and/or deprived of privileges by the individual or group who has more power.
“Racism”–shall mean the marginalization and/or oppression of Black, Indigenousand
other racialized people based on a socially constructed racial hierarchy that privileges
white people. Racism can be openly displayed in racial jokes and slurs or hate crimes, but
it can be more deeply rooted in attitudes, values and stereotypical beliefs. Racism
operates at individual, systemic and societal levels.
CONDUCT AT MEETINGS\[highlighted statement added\]
At all meetings members shall conduct themselves with decorum in accordance with the
provisions of Kitchener Municipal Code Chapter 25 (Procedure) and in a manner that is
consistent with the City’s commitment to equity, inclusion and anti-racism, in accordance
with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism).Respect for delegations,
fellow members and staff requires that all members show courtesy and not distract from the
business of the City during presentations and when other members have the floor.
MANDATORY AND ONGOING EQUITY & ANTI-RACISM TRAINING\[entire section
added\]
Members of City Council and volunteer members of local boards are expected to complete
all mandatory equity and anti-racism training required as per their position as outlined in the
corporate-wide Equity and Anti-Racism Training Strategy. Members of Council are required
to complete all mandatory training within one Council term (4 years). Once all mandatory
training is complete, Council members are expected to take part in ongoing training
opportunities throughout subsequent Council terms, as provided by the City. Volunteer
1
members of local boardsare required to complete all mandatory training within one
appointment term (2 years); once all mandatory training is complete, board members are
expected to take part in ongoing training opportunities throughout subsequent appointment
terms as provided through the City.
DISCREDITABLE CONDUCT \[highlighted word added\]
1
“Local board” is defined within the Code of Conduct as one of the following boards/ quasi-judicial committees
established by Kitchener City Council: Belmont Village Business Improvement Area, Kitchener Downtown Business
Association, Animal/Dog Designation Appeal Committee, Committee of Adjustment, and Property Standards Appeal
Committee
Harassment may be defined as any behaviour by any person that is directed at or is
offensive to another person on the grounds of race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, sex, age, disability, sexual orientation, marital status, or family
status and any other grounds identified under the Ontario Human Rights Code.
All members have a duty to treat members of the public, one another and staff appropriately
and without abuse, bullying or intimidation, and to ensure that their work environment is free
from racism, discrimination and harassment. The Ontario Human Rights Code applies, as
does HUM-WOR-120 (Employment -Human Rights).
APPENDIX ‘A’ Advisory Committee Members’ Code of Conduct\[added content below\]
The Advisory Committee Members’ Code of Conduct shall be applicable to all
members of the City of Kitchener’s advisory committees, being:
Arts and Culture Advisory Committee;
Compass Kitchener;
Cycling and Trails Advisory Committee;
Downtown Action and Advisory Committee;
Economic Development Advisory Committee;
Environmental Committee;
Equity and Anti-Racism Advisory Committee
Heritage Kitchener; and
Safe and Healthy Community Advisory Committee.
1.g)conducts their duties and responsibilities in a manner that is consistent with the City
of Kitchener’s commitment to equity, inclusion and anti-racism, whereby racism and
oppression are not permissible at either an individual or systemic level, in accordance
with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism)
3.Advisory committee members shall complete all mandatory equity and anti-racism
training required as per their position as outlined in the corporate-wide Equity and
Anti-Racism Training Strategy. Volunteer members of advisory committees are
required to complete all mandatory training within one appointment term (2 years);
once all mandatory training is complete, advisory committee members are expected
to take part in ongoing training opportunities throughout subsequent appointment
terms as provided through the City.
Please see Attachment B for the complete Code of Conduct for Members of Council, Local
Boards and Advisory Committees, with proposed amendments.
STRATEGIC PLAN ALIGNMENT:
This report supports the theme A Caring Communitywithin the Corporate Strategic Plan
as one element of the eight bodies of work developed by the Mayor’s Task Force on Equity,
Diversity and Inclusion
FINANCIAL IMPLICATIONS:
Capital Budget–The recommendation has no impact on the Capital Budget.
Operating Budget–The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM –This report has been posted to the City’s website with the agenda in advance of
the council / committee meeting.
COLLABORATE –This policy was developed in collaboration with a working group of the
Mayor’s Task Force on Equity, Diversity and Inclusion, which is predominantly comprised of
community members, whose lived experiences and expertise in a wide variety of areas
directly informed the direction, scope and contentsof the policy.
PREVIOUS REPORTS/AUTHORITIES:
CSD-21-4Task Force on EDI Update
th
Special Council Strategy Session, May 10, 2021
APPROVEDBY: Victoria Raab,General Managerof Corporate Services
ATTACHMENTS:
Attachment A –Draft Equity, Inclusion & Anti-Racism Policy
Attachment B –GOV-COU-005 Code of Conduct for Members of Council, Local
Boards& Advisory Committees: Complete with amendments
Attachment A: Draft Equity, Inclusion & Anti-Racism Policy
Policy No:Click here to enter text.
POLICY
Approval Date:Click here to enter a
Policy Title:Equity, Inclusion & Anti-
date.
Racism
Reviewed Date:Click here to enter text.
Policy Type:COUNCIL
Next Review Date:Click here to enter
Category:Governance
text.
Reviewed Date:Click here to enter text.
Sub-Category:Corporate
Author:Project Manager, Equity,
Last Amended:Click here to enter a
Diversity & Inclusion
date.
Replaces:Click here to enter text.
Dept/Div:Corporate Services/Equity, Anti-
Racism & Indigenous Initiatives
Repealed:Click here to enter a date.
Replacedby:Click here to enter text.
Related Policies, Procedures and/or Guidelines:
HUM-WOR-060 Discipline Policy
HUM-HIR-155 Inclusive Recruitment & Hiring Practices
HUM-WOR-140 Respect in the Workplace
GOV-COU-005 Code of Conduct for Members of Council, Local Boards & Advisory
Committees
1.POLICY PURPOSE:
To outline the City of Kitchener’s commitment to develop and foster a workplace and
organization where equity, inclusion and anti-racism are core principles which help shape the
City’s policies, programs, services and procedures.
This policy is intended to provide a clear description for leadership, staff, and volunteers at
the City so they are aware of and understand the principles of equity, inclusion and anti-
racism, and their roles in upholding these core principles.
2.DEFINITIONS:
Equity: An equity approach seeks to create the conditions for fair and equal access and
opportunity for everyone, by addressing discriminations, exclusions and barriers experienced
by distinct groups. Equity is not the same as equality, nor is it the same as inequality.
Organizational Equity: The dismantlingof systemic privilegesand longstanding systemic
barriersby creating opportunities for peoplewho experience oppression to advance,
participate, compete, innovate, and servewhile fundamentally reshaping organizational
systems to be anti-oppressive.
Inclusion: The achievement of a work environment in which all individuals are treated fairly
and respectfully, have equal access to opportunities and resources, and can contribute fully to
the organization’s success.
Systemic Barriers: A combination of policies, guidelines and/or practices which inherently
and/or unintentionally result in the exclusion of people identified by an Ontario Human Rights
Code protected ground such as race, ethnicity, disability, gender identity or sexual orientation.
Oppression: The social act of placing restrictions on an individual or group by those in
positions of power. The oppressed individual or group is devalued, exploited, and/or deprived
of privileges by the individual or group who has more power.
Racism: The marginalization and/or oppression of Black, Indigenous and other racialized
people based on a socially constructed racial hierarchy that privileges white people. Racism
can be openly displayed in racial jokes and slurs orhate crimes, but it can be more deeply
rooted in attitudes, values and stereotypical beliefs. Racism operates at individual, systemic
and societal levels.
Anti-Racism:Working to understand and dismantle racism. It is a change and transformation
focused practice and requires action. It’s not anti-racism if a conversation isn’t followed by
concrete actions and accountability.
Sexism: Prejudice or discrimination based on sex or gender, especially against women and
girls; based on an ideology or belief that one sex is superior to another, on false beliefs or
generalizations about gender, and on considering gender as relevant where it is not.
Ableism: The practices and dominant attitudes in society that devalue and limit the potential
of persons with disabilities, and a set of practices and beliefs that assign inferior value to
people who have developmental, emotional, physical or psychiatric disabilities.
3.SCOPE:
Statement as to whom the policy applies, as well as exceptions and the ramifications of non-compliance, if any
and deemed appropriate to include.
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time EmployeesAllUnion
ManagementC.U.P.E. 68 Civic
Non UnionC.U.P.E. 68 Mechanics
TemporaryC.U.P.E. 791
StudentI.B.E.W. 636
Part-Time EmployeesK.P.F.F.A.
Specified Positions only: Other:All direct volunteers
CouncilLocal Boards & Advisory Committees
3.1Application of the Policy
a)This policy applies to all Cityof Kitcheneremployees.
b)This policy applies to all direct City of Kitchener volunteers, which includes those who
perform a task under the direct supervision of City staff on behalf of the City of Kitchener.
Direct volunteers are those who are recruited, screened, trained, supervised and recognized
by City staff.
c)Enforcement of this policy is the responsibility of all municipal leaders (supervisors,
managers, directors,and department heads) across the organization.
d)City employee and volunteer conduct which contravenes the expectations set out in this policy
may be subject to discipline. All disciplinary procedures will be implemented in accordance
to the Collective Agreement or relevant Human Resources processes outlined for the
employee or volunteer being disciplined.
Off-duty conduct may impact the legitimate business interests of an employer and in those
circumstances could result in employment related consequences. Relevant caselaw, as
amended from time to time, has established an employer’s legitimate business reasons
including those noted below. As such, the City encourages all employees and volunteers in
their personal capacity to conduct their affairs in a manner consistent with this policy.
Employees and volunteers are reminded that conduct in their personal capacity which may
impact the City’s legitimate business interests may be the subject of discipline of employees
and the discontinuance of volunteer relationships. The City’s legitimate business interests
may be impacted by an employee or volunteer’s off-duty conduct that;
harms the City’s reputation or services;
renders the employee or volunteer unable to perform their duties and
responsibilities;
leads to a refusal of others to work with them;
breaches the Criminal Code or the Ontario Human Rights Code; or
inhibits the City’s ability to efficiently manage and direct its workforce
4.POLICY CONTENT:
4.1 Preamble and Rationale
The City acknowledges its responsibility to engage and serve the full diversity of the
community, and that an essential part of this responsibility is to create and maintain an
equitable, inclusive and anti-racist organization.
The City acknowledges thatracism is a long-standing and systemic barrier in Canadian
society and across all institutions(including the City of Kitchener), so embedded and
pervasive within the dominant culture and social institutions that it is often invisible. The City
also acknowledges that racism exists alongside many other inequities in our society in which
certain peopleor groups face discrimination and exclusion, such as women, persons with
disabilities, those who identify as LGBTQ2S+,religious minoritiesand First Nations, Inuit
and Métis communities. Often these experiences are intersectional, where people identify with
more than one group.
The City is committed to the ongoing identification and removal of systemic barriers within
the organization, which increase obstacles to participation in the workplace, in the utilization
of services and in the participation in the municipal decision-making processes.
4.2 Policy Details
This section of the policy outlinesspecific expectations for leadership, staff, and volunteers
to support the corporation’s commitment to equity, inclusion and anti-racism.
The Corporate Commitment to Equity, Inclusion & Anti-Racism
The City is committed to operating as an organization where racism and oppression are not
permissible at either an individual or systemic level. With this commitment is the expectation
that as an organization the City is working on actions to address, mitigate and eliminate racism
and oppression. Details on how this commitment will be operationalized at the City are
described below:
a)Identify and remove systemic barriers; The City is committed to developing and/or
revising and maintaining programs and services offered by the City guided by the
principles of equity, inclusion and anti-racism.In the identification and removal of
systemic barriers, the City is committed to providing equitable access to programs and
services that are free from racism or exclusionary practices so that all residents can
utilize and benefit from municipal services regardless of attributes such as race,
Indigenous ancestry, ability, gender identity, sexual orientation, age, or religious
practices.
The process ofidentifyingand removing systemic barriers in programs and services
will includedemographic data collection, providing opportunities forongoing
feedback, and community consultationwith equity-seeking groups. In addition,
municipal policies and procedures will be reviewed from an Equity, Inclusion and
Anti-Racism lens when they are scheduled for regular review.
b)Strive for diverse representation of City staff: The City is committed to continually
striving towards employing a more diverse representation of staff at the organization,
including at the leadership level, that is comparable to the diverse demographics of
the Kitchener community. This is an essential component of providing programs and
services which benefit and meet the needs of the community we serve.
In the application of this commitment, the City will utilize some of the following
strategies: ongoing demographic data collection with City staff, identification and
elimination of systemic barriers in hiring and promotional practices, addressing issues
of racism and oppression experienced by staff in the workplace, and will engage in
ongoing monitoring, assessment and modification of the administration of this policy
in order to achieve its stated purpose.
c)Maintaindedicated staff with lived experience in racism and oppression to lead
the work: The City acknowledges its work related to equity, inclusion and anti-racism
requiresadedicatedstaff team who themselves have lived experience with racism
and/or oppression. This staff team will provide consistentsupport and expertise to the
City through ongoing collaboration with equity-seeking communities and continuous
research into emerging and best practices in organizational equity anti-racism, and
Indigenous reconciliation. In the implementation and accountability of this work, this
dedicated staff team will work closely with the Corporate Leadership Team.
The City is committed to supporting this dedicated staff team to meet the needs that
they have in terms of specialized training and development, mentorship opportunities
with senior leadership, and priorities around self-care as an essential component of
undertaking this complex and demanding work.
d)Provide ongoing training to staff and direct volunteers: The City is committed to
creating a culture where staff and volunteers are aware of,understand, and applythe
principles of equity and anti-racism, and their roles in upholding these essential
practices.Thus, the City is committed to providing ongoing training (both mandatory
and self-selected) to all staff and direct volunteers focused on equity and anti-racism
to encourage ongoing learning, in-depth understanding and practical application.
e)Ensure ongoing Data Collection and Public Accountability: The City is committed
to tracking all activities related to the implementation of this policy and reporting the
data publicly a minimum of once per year. This data collection will include the
following;
High-level updates on the work of the Equity, Anti-Racism and Indigenous
Initiatives team
Disaggregated demographic data collected across the corporation
Tracking data for all staff completion of Equity and Anti-Racism training as
per the corporate training strategy
Tracking data for all policy and procedure reviews that have been completed
using an Equity,Inclusion and Anti-Racism lens
4.3Application of the Policy at a Corporate Level
The City of Kitchener has a policy focused on Respect in the Workplace (HUM-WOR-140),
and Inclusive Recruitment and Hiring Practices (MUN-MIR-155), both of which reference
the topics of inclusion and human rights. In the application of this policy, it is the expectation
that City staff and volunteers behave in a way that is consistent with the organizational
commitment to addressing equity, inclusion and anti-racism at a systems level, as well as
HUM-WOR-140 and MUN-MIR-155.
In the application of this commitment to equity, inclusion and anti-racism, the City
acknowledges that it is not solely the Equity, Anti-Racism and Indigenous Initiatives team
who will be responsible for this work across the organization. All members of the
organization, and particularly those in leadership and decision-making positions, are
responsible for fostering a workplace culture where equity, inclusion and anti-racism are
integral to all operations at the City.
Roles &Responsibilities
Director of the Equity, Anti-Racism and Indigenous Initiatives Division, Corporate
Services Department
Oversees the application of this policy across the corporation. Works in partnership with the
Corporate Leadership Team and the Director of Human Resources, who are all collectively
responsible for upholding the principles and practices of equity, inclusion and anti-racism
throughout the organization.
Conducts their duties and responsibilities in a manner that is consistent with the City’s
commitment to equity, inclusion and anti-racism as set out in this policy. Accountability for
behaviour may include off-duty conduct where the City’s legitimate business interests, as
defined in paragraph 3.1 e) above, are affected.
CAO, General Managers, Directors, Managers and Supervisors
Implements and communicates expectations and requirements related to the Equity, Inclusion
and Anti-Racism Policy to employees under their direction by utilizing resources provided to
them by the corporation.
Completes all mandatory equity and anti-racism training required as per their position and
facilitates the completion and tracking of all mandatory equity and anti-racism training
required by their employees.
Collaborates with the Equity, Anti-Racism and Indigenous Initiatives division, as needed,in
the monitoring and accountability tracking of equity and anti-racism work at the City.
Conducts their duties and responsibilities in a manner that is consistent with, and models the
City’s commitment to equity, inclusion and anti-racism as set out inthis policy, including
how they manage their employees. Accountability for behaviour may include off-duty
conduct where the City’s legitimate business interests, as defined in paragraph 3.1 e) above,
are affected.
Staff
Completes all mandatory equity and anti-racism training required as per their position as
outlined in the corporate-wide Equity and Anti-Racism Training Strategy.
Conducts their duties and responsibilities in a manner that is consistent with, and models the
City’s commitment to equity, inclusion and anti-racism as set out in this policy.
Accountability for behaviour may include off-duty conduct where the City’s legitimate
business interests, as defined in paragraph 3.1 e) above, are affected.
Volunteers
Completes all mandatory equity and anti-racism training required as per their position as
outlined in the corporate-wide Equity and Anti-Racism Training Strategy.
Conducts their duties and responsibilities in a manner that is consistent with, and models the
City’s commitment to equity, inclusion and anti-racism as set out in this policy.
Accountability for behaviour may include off-duty conduct where the City’s legitimate
business interests, as defined in paragraph 3.1 e) above, are affected.
5.MONITORING & ACCOUNTABILITY
Monitoring and accountability is vital to all equity, inclusion and anti-racism work undertaken
at the City. Accompanying each component outlined in this policy will be an evaluation
framework, which will serve to monitor implementation progressand anticipated outcomes
related to equity, inclusion and anti-racism across the organization. Public reporting on this
evaluation framework will be done on an annual basis at a minimum.
Given the nature of this work, the City is committed to conductinga review of this policy
once every five years. If changes or amendments to the policy are made, all staff across the
organization will be notified of the changes and encouraged to read the updated policy.
6.HISTORY OF POLICY CHANGES
Administrative Updates
The date (yyyy-mm-dd) and a short annotation on the nature of the change to reflect the current corporate
structure i.e. Departmental re-organization / Titling changes / Standing Committee restructuring.
\[Start typing here\]
Formal Amendments
The date of the resolution passed by Council or CLT, for example, “2020-01-20 -As per Council/CLT directive”
\[Start typing here\]
Attachment B: GOV-COU-005 Code of Conduct for Members of Council, Local
Boards and Advisory Committees
POLICY Policy No:GOV-COU-005
Approval Date:October 6, 2008
Policy Title:CODE OF CONDUCT FOR
MEMBERS OF COUNCIL,
Reviewed Date:June 2016
LOCAL BOARDS &
ADVISORY COMMITTEES
Next Review Date:June 2021
Policy Type:COUNCIL
Last Amended:June 24, 2019
Category:Governance
Replaces:I-005, Code of Conduct for
Sub-Category:Board & Committee
Members of Council, Local
Boards and Advisory
Author:City Clerk
Committees
Dept/Div:Finance & Corporate Services
Repealed:
Department, Legislated Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
GOV-COR-XXX Equity, Inclusion & Anti-Racism Policy
HUM-WOR-140Respect in the Workplace
HUM-HR-110 Employment of Relatives
ADM-ELE-226 Use of Corporate Resources for Political Campaign Purposes
1.POLICY PURPOSE:
A written Code of Conduct reinforces the City of Kitchener’s Accountability and
Transparency Policy and other relevant legislation within which all members of Council, local
boards and advisory committees must operate. It ensures that those members share a common
integrity base and through adherence to its principles, the Code of Conduct serves to enhance
public trust.
The key principles that underline the Code of Conduct are as follows:
all members to whom this Code of Conduct applies shall serve in a conscientious and
diligent manner;
members shall be committed to performing their functions with integrity and to
avoiding the improper use of the influence of their office, and conflicts of interest,
both real and apparent;
14of 37
members are expected to perform their duties in office and arrange their private affairs
in a manner that promotes public confidence and will bear close public scrutiny;
members are responsible for making honest statements and no member shall make a
statement when they know that statement is false, or with the intent to mislead other
members or the public;
members are responsible for conducting their duties and responsibilities in a manner
that is consistent with the City of Kitchener’s commitment to equity, inclusion and
anti-racism, whereby racism and oppression are not permissible at either an individual
or systemic level, in accordance with policy GOV-COR-XXX (Equity, Inclusion and
Anti-Racism); and;
members 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 Kitchener City Council.
2.DEFINITIONS:
“Anti-Racism” –shall mean working to understand and dismantle racism. It is a change and
transformation focused practice and requires action. It’s not anti-racism if a conversation isn’t
followed by concrete actions and accountability.
“Code of Conduct”-shall mean the City of Kitchener Code of Conduct for Members of
Council, Local Boards and Advisory Committees.
“Complaint”-shall mean a purported contravention of the Code of Conduct.
“Equity”–shall mean seeking to create the conditions for fair and equal access and
opportunity for everyone, by addressing discriminations, exclusions and barriers experienced
by distinct groups. Equity is not the same as equality, nor is it the same as inequality.
“Frivolous”-shall mean of little or no weight, worth, or importance; not worthy of serious
notice.
“Good faith”-shall mean accordance with standards of honesty, trust, sincerity.
“Inclusion” –shall mean the achievement of a work environment in which all individuals are
treated fairly and respectfully, have equal access to opportunities and resources, and can
contribute fully to the organization’s success.
“Integrity Commissioner”-shall mean the Integrity Commissioner appointed by the
Council of the City of Kitchener to provide independent and consistent complaint
investigation and resolution, respecting the application of the Code of Conduct.
“Immediate relative”-shall mean a parent, spouse, child, sister, brother, sister-in-law,
brother-in-law, father-in-law, mother-in-law as well as step-relationships; spouse shall mean
the person to whom a person is married or with whom the person is living in a conjugal
relationship outside marriage.
15of 37
“Lobby”-shall mean to communicate with a member outside of a public process about
matters of interest or benefit to the lobbyist and their client / business / organization.
Communication may be about a by-law or resolution on any matter that requires a decision
by City Council, a local board or delegated decision maker. This includes matters regarding
policies or programs, the purchase of goods and services and the awarding of contracts,
applications for a service, grant, planning approval or other licence.
“Lobbyist”-shall mean a person who communicates for payment with public office holders,
a person who lobbies on a volunteer basis for a business or a not-for-profit professional,
business, industry, trade or labour organization or a consultant or voluntary lobbyist who
arranges meetings between a member and any other person for the purpose of lobbying.
“Local board”-for the purposes of the Code of Conduct a local board shall mean one of the
following boards / quasi-judicial committees established by Kitchener City Council:
Belmont Village Business Improvement Area
Kitchener Downtown Business Association (KDBA)
Animal / Dog Designation Appeal Committee
Committee of Adjustment
Property Standards Appeal Committee
“Oppression” –shall mean the social act of placing restrictions on an individual or group by
those in positions of power. The oppressed individual or group is devalued, exploited and/or
deprivedof privileges by the individual or group who has more power.
“Private advantage”-for the purposes of the Code of Conduct private advantage does not
include a matter:
a)that is of general application or considered to be an interest in common generally
with the electors within the jurisdiction of an area; or,
b)that concerns the remuneration or benefits of a member of Council.
“Racism” –shall mean the marginalization and/or oppression of Black, Indigenous and other
racialized people based on a sociallyconstructed racial hierarchy that privileges white people.
Racism can be openly displayed in racial jokes and slurs or hate crimes, but it can be more
deeply rooted in attitudes, values and stereotypical beliefs. Racism operates at individual,
systemic and societal levels.
“Vexatious”-shall mean instituted without sufficient grounds and serving only to cause
annoyance to the defendant; troublesome; annoying: a vexatious situation.
3.SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time EmployeesAllUnion
ManagementC.U.P.E. 68 Civic
16of 37
Non UnionC.U.P.E. 68 Mechanics
TemporaryC.U.P.E. 791
StudentI.B.E.W. 636
Part-Time EmployeesK.P.F.F.A.
Specified Positions only: Other:
CouncilLocal Boards & Advisory Committees
4.POLICY CONTENT:
ROLES AND RESPONSIBILITIES
This Code of Conduct operates along with and as a supplement to the existing statutes
governing conduct. Five pieces of Federal and Provincial legislation govern the conduct of
members of Council, those being:
theCriminal Code of Canada;
the Municipal Conflict of Interest Act, as amended;
the Municipal Elections Act, 1996, as amended;
the Municipal Freedom of Information and Protection of Privacy Act; and,
the Municipal Act, 2001,as amended.
Part VI (Practices & Procedures) of the Municipal Act, 2001prescribes the following as the
roles of a municipal council, the head of council and thehead of council as chief executive
officer:
It is the role of council:
to represent the public and to consider the well-being and interests of the municipality;
to develop and evaluate the policies and programs of the municipality;
to determine which services the municipality provides;
to ensure that administrative policies, practices and procedures and controllership
policies, practices and procedures are in place to implement the decisions of council;
to ensure the accountability and transparency of theoperations of the municipality,
including the activities of the senior management of the municipality;
to maintain the financial integrity of the municipality; and,
to carry out the duties of council under this or any other Act.
It is the role of the head of council:
to act as chief executive officer of the municipality;
to preside over council meetings so that its business can be carried out efficiently and
effectively;
to provide leadership to the council;
17of 37
to provide information and recommendations to the council with respect to the role of
council described in Sections 224.(d) and (d.1) of the Municipal Act, 2001;
to represent the municipality at official functions; and,
to carry out the duties of the head of council under this or any other Act.
Aschief executive officer of a municipality, the head of council shall,
uphold and promote the purposes of the municipality;
promote public involvement in the municipality’s activities;
act as the representative of the municipality both within and outside the municipality,
and promote the municipality locally, nationally and internationally; and,
participate in and foster activities that enhance the economic, social and environmental
well-being of the municipality and its residents.
APPLICATION
Part 2 of the Code of Conduct shall apply to all members of Council and local boards. In
recognizing that advisory committees are comprised largely of citizen volunteers from across
the City of Kitchener who have been appointed by Council to provide special advice and
expertise; some of the provisions outlined in Part 2 may not be applicable to those members.
Accordingly, the conduct of advisory committee members shall be governed by the provisions
of the Advisory Committee Members’ Code of Conduct, attached hereto as Appendix ‘A’.
BUSINESS RELATIONS
No member shall act as a lobbyist before Council, its committees, or an agency, board or
commission of the City except in compliance with the terms of the Municipal Conflict of
Interest Act. A member shall not refer a third party to a person, partnership,or corporation in
exchange for payment or other personal benefit.
This does not prohibit activities in which a member would normally engage on behalf of
constituents in accordance with the duties of their office.
CONDUCT AT MEETINGS
At all meetings members shall conduct themselves with decorum in accordance with the
provisions of Kitchener Municipal Code Chapter 25 (Procedure)and in a manner that is
consistent with the City’s commitment to equity, inclusion and anti-racism, in accordance
with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism).Respect for delegations,
fellow members and staff requires that all members show courtesyand not distract from the
business of the City during presentations and when other members have the floor.
CONDUCT OF A POLITICAL NATURE
No member shall use City facilities, services, or property for his/herelection or re-election
campaign. No member shall use the services of City employees for his/herelection or re-
election campaign, during hours in which the employees are in the paid employment of the
18of 37
City. Council Policy ADM-ELE-226 (Elections -Use of Corporate Resources for Political
Campaign Purposes)applies.
MANDATORY AND ONGOING EQUITY & ANTI-RACISM TRAINING
Members of City Council and volunteer members of local boards are expected to complete all
mandatory equity and anti-racism training required as per their position as outlined in the
corporate-wide Equity and Anti-Racism Training Strategy. Members of Council are required
to complete all mandatory training within one Council term (4 years). Once all mandatory
training is complete, Council members are expected to take part in ongoing training
opportunities throughout subsequent Council terms, as provided by the City. Volunteer
members of local boards are required to complete all mandatory training within one
appointment term (2 years); once all mandatory training is complete, board members are
expected to take part in ongoing training opportunities throughout subsequent appointment
terms as provided through the City.
CONDUCT RESPECTING STAFF
Only Council as a whole has the authority to approve budgets, policies, committee processes
and other such matters. Therefore, members are not permitted to individually direct the actions
of staff, except as authorized by Council. Members shall be respectful of the fact that staff
work for the City as a body corporate and are charged with making recommendations that
reflect their professional expertise and corporate perspective, without undue influence from
any individual member or group of members. Members shall be respectful of the fact that
staff carry out directions of Council and administer the policies of the municipality, and are
required to do so without any undue influence from any individual member or group of
members. Accordingly, no member shall maliciously or falsely injure the professional or
ethical reputation, or the prospects or practice of staff, and all members shall show respect for
the professional capacities of the staff of the City of Kitchener.
Council as a whole directs the business of the City and passes by-laws, or resolutions as
appropriate, for decisions adopted by Council. Council has delegated responsibility to the
Chief Administrative Officer (CAO) for the administration of the affairs of the City in
accordance with the decisions adopted by Council. This means that under the direction of the
CAO, staff have the responsibility and the authority to provide consultation, advice and
direction to Council and to implement Council approved policy. To fulfill this role, staff
establishes the appropriate administrative policies, systems, structures and internal controls to
implement the goals and objectives of Council, and to manage implementation within the
resources at their disposal. Council therefore should expect a high quality of advice from
staff based on political neutrality and objectivity irrespective of party politics, the loyalties of
persons in power, or their personal opinions.
No member shall compel staff to engage in partisan political activities or be subjected to
threats or discrimination for refusing to engage in such activities. Nor shall any member use,
or attempt to use, their authority or influence for the purpose of intimidating, threatening,
coercing, commanding, or influencing any staff member with the intent of interfering with
that person’s duties, including the duty to disclose improper activity.
19of 37
CONDUCT WHILE REPRESENTING THE CITY
Members shall make every effort to participate diligently in the activities of the agencies,
boards, committees and commissions to which they are appointed.
CONFIDENTIAL INFORMATION
Pursuant to Kitchener Municipal Code Chapter 25 (Procedure)and authorized under Section
239 of the Municipal Act, 2001,where a matter discussed at an in-camera (closed) meeting
remains confidential, no member shall disclose the content of that matter, or the substance of
the deliberations of an in-camera meeting. Members shall not permit any persons, other than
those who are entitled thereto, to have access to confidential information. Members shall not
disclose or release by any means to any member of the public either in verbal or written form
any confidential information acquired by virtue of their office, except when required to do so
by law.
Particular care should be exercised inensuring the confidentiality of the following types of
information:
the security of the property of the municipality or local board;
personnel matters about an identifiable individual, including municipal or local board
employees;
a proposed or pending acquisition or disposition of land by the municipality or local
board;
labour relations or employee negotiations;
litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board;
advice that is subject to solicitor-client privilege, including communications necessary
for that purpose;
a matter in respect of which a council, board, committee or other body may hold a
closed meeting under another Act;
items under negotiation, or personnel matters;
information that infringes on the rights of others (e.g. sources of complaints where the
identity of a complainant is given in confidence);
price schedules in contract tender or Request For Proposal submissions if so specified;
information deemed tobe “personal information” under the Municipal Freedom of
Information and Protection of Privacy Act;
statistical data required by law not to be released (e.g. certain census or assessment
data);
information supplied in confidence to the municipality by another level of
government;
20of 37
third-party information supplied in confidence to the municipality (e.g., a trade secret
or scientific, technical, commercial, financial or labour relations information);
information (e.g., a trade secret or scientific, technical, commercial, or financial
information) that belongs to the municipality and has monetary value;
a position, plan, procedure, criteria or instruction to be applied to negotiations; and,
any and all statements that have been provided in confidence or in-camera.
The above list is provided as an example and is not exclusive. Requests for information will
be referred to appropriate staff to be addressed as either an informal request for access to
municipal records, or as a formal request under the Municipal Freedom of Information and
Protection of Privacy Act.
DISCREDITABLE CONDUCT
Harassment may be defined as any behaviour by any person that is directed at or is offensive
to another person on the grounds of race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, age, disability, sexual orientation, marital status, or family status and
any other grounds identified under the Ontario Human Rights Code.
All members have a duty to treat members of the public, one another and staff appropriately
and without abuse, bullying or intimidation, and to ensure that their work environment is free
from racism,discrimination and harassment. The Ontario Human Rights Codeapplies, as
does HUM-WOR-140(Respect in the Workplace).
EMPLOYMENT OF COUNCIL RELATIVES
Immediate relatives of elected officials shall not be employed by the City; and to this, the
provisions of HUM-HR-110(Employment of Relatives) applies.
FAILURE TO ADHERE TO COUNCIL POLICIES AND PROCEDURES
A number of the provisions of this Code of Conduct incorporate policies and procedures
adopted by Kitchener City Council. More generally, members are required to observe the
terms of all policies and procedures established by Council. However, this provision does not
prevent a member from requesting that Council grant an exemption from a policy, other than
this Code of Conduct.
GIFTS AND BENEFITS
No member shall accept a fee, advance, gift or personal benefit that is connected directly or
indirectly with the performance of his/herduties of office, unless permitted by the exceptions
listed below. Notwithstanding the exceptions listed, no member shall accept monies or any
instrument that can be converted into monies unless authorized by law. For these purposes, a
fee or advance paid to, or a gift or benefit provided by a third party with the member’s
knowledge to a member’s spouse, child (who is under the age of 18 years), is deemed to be a
gift to that member.
21of 37
The following are recognized as exceptions:
a)compensation authorized by by-law;
b)gifts or benefits that normally accompany the responsibilities of office and are
received as an incident of protocol or social obligation;
c)a political contribution otherwise reported by law;
d)services provided without compensation by persons volunteering their time;
e)a suitable memento of a function honouring the member;
f)food, lodging, transportation and entertainment provided by provincial, regional and
local governments or political subdivisions of them; and, by the Federal government
or the government of a foreign country;
g)food, beverages and / or admission fees provided for banquets, receptions or similar
events, if:
i.attendance is resultant to protocol or social obligations that accompanies the
responsibility of office; and,
ii.the person extending the invitation or a representative of the organization is in
attendance;
h)communication to the offices of a member, including subscriptions to newspapers
and periodicals.
In the case of categories (b) (e) (f) (g)and (h),ifthe value of the gift or benefit exceeds $100,
or if the total value received from any one source over any 12 month period exceeds $300,
the member shall within 30 days of receipt of the gift or reaching the annual limit, file a
disclosure statement with the Office of the City Clerk.
The disclosure statement must indicate:
1.The nature of the gift or benefit;
2.Its source and date of receipt;
3.The circumstances under which it was given or received;
4.Its estimated value;
5.What the recipient intends to do with the gift; and,
6.Whether any gift will at any point be left with the City.
All disclosure statements shall be a matter of public record.
IMPROPER USE OF INFLUENCE
22of 37
No membershall use the influence of his/her office for any purpose other than for theexercise
of his/her official duties. No member shall seek or obtain by reason of his/her office any
personal privilege or private advantage with respect to City services not otherwise available
to the general public and not consequent to his/her officialduties.
Examples of prohibited conduct are the use of one’s status to improperly influence the
decision of another person to the private advantage of oneself, or one’s immediate relative,
staff members, friends, or associates, business or otherwise. This would include attempts to
secure preferential treatment beyond activities in which members normally engage on behalf
of their constituents as part of their official duties. Also prohibited is the holding out of the
prospect or promise of future advantagethrough a member’s supposed influence in return for
present actions or inaction.
USE OF CITY PROPERTY, SERVICES AND OTHER RESOURCES
No member shall use for personal purposes any City property, equipment, services, supplies
or services of consequence other than for purposes connected with the discharge of City duties
or associated community activities of which City Council has been advised. No member shall
use information gained in the execution of his/her duties that is not available to the general
public forany purposes other than his/her official duties. No member shall obtain financial
gain from the use of City developed intellectual property, computer programs, technological
innovations or other patentable items, while an elected official or thereafter. All such property
remains the exclusive property of the City of Kitchener.
No member shall use City property, services or other city-funded / city-sponsored / city-
supported resources (e.g., Councillor columns, social media accounts) for the purposes of
election campaigning, as outlined in Council Policy ADM-ELE-226 (Elections -Use of
Corporate Resourcesfor Political Campaign Purposes). This does not include the use of
personal social media/networking accounts registered publicly in the member’sname.
COMPLAINT PROTOCOL
The complaint protocol shall not retroactively apply to any alleged transgressions occurring
prior to the date on which the Code of Conduct was formally adopted by Council.
In accordance with Section 223.4.1 (3) of the Municipal Act, 2001no application for an
inquiry under this section shall be made to the Commissioner during the period of time starting
on nomination day for a regular election, as set out in section 31 of the Municipal Elections
Act, 1996(the MEA) and ending on voting day in a regular election, as set out in section 5 of
the MEA.
In accordance with Section 223.4.1 (4) of the Municipal Act, an application may only be made
within six weeks after the applicant became aware of the alleged contravention.
In accordance with Section 223.4.1 (5) of the Municipal Act, despite subsection (4), an
application may be made more than six weeks after the applicant became aware of the alleged
contravention if bothof the following are satisfied:
23of 37
(1)The applicant became aware of the alleged contraventionwithin the period of time
starting six weeks before nomination day for a regular election, as set out in section
31 of the Municipal Elections Act, 1996, and ending on voting day in a regular
election, as set out in section 5 of that Act.
(2)The applicant applies to the Commissioner under subsection (2) within six weeks after
the day after voting day in a regular election, as set out in section 5 of the Municipal
Elections Act, 1996.
INTEGRITY COMMISSIONER
Pursuant to Section 223.3 (1) of theMunicipal Act, 2001, the City of Kitchener shall appoint
an Integrity Commissioner who reports to Council and is responsible for performing the
following duties in an independent and consistent manner:
(i) Advice:providing written advice to members of council, upon request, on their
obligations under the Code; procedures, rules or policies of the municipality; and, the
Municipal Conflict of Interest Act.
(ii)Complaint Investigation:having the power to assess and investigate formal written
complaints respecting alleged contraventions of the Code of Conduct;
(iii)Complaint Adjudication:determining whether a member of Council or local board
has in fact violated a protocol, by-law or policy governing their ethical behaviour; with
the final decision making authority resting with Council as to whether the
recommendation(s) of the Integrity Commissioner are imposed;
(iv) Annual Reporting:providing Council, through the City Clerk, with an annual report
on findings of complaint cases;
(v) Launch Proceedings:having the power to launch its own proceedings to a judge
against a member with respect to section 5, 5.1 and 5.2 of the Municipal Conflict of
Interest Act; and,
(vi)Education:providing educational information to members, the municipality and the
public about the municipality’s code of conduct and the Municipal Conflict of Interest
Act.
REQUESTS FOR ADVICE/EDUCATIONAL INFORMATION
A request by a member of Council or of a local board for advice from theCommissioner shall
be made in writing and emailed to integrity@adr.ca.
If the Commissioner provides advice to a member of Council or of a local board, the advice
shall be in writing and emailed to the member.
If the Commissioner provides educational information to the public, the Commissioner may
summarize advice he or she has provided but shall notdisclose confidential information that
24of 37
could identify a person concerned. Requests for educational information for the public should
be made to the City Clerk.
INFORMAL COMPLAINT PROCEDURE
Individuals (e.g., municipal employees, members of the public, members of Council or local
boards) or organizations, who have identified or witnessed behaviour or an activity by a
member of Council, local board or advisory committee that they believe is in contravention
of the Code of Conduct could address the prohibited behaviour or activity themselves as
follows:
(1) advise the member that their behaviour or activity appears to contravene the Code of
Conduct;
(2) encourage the member to stop the prohibited behaviour or activity;
(3) keep a written record of the incidents including dates, times, locations, other persons
present, and any other relevant information;
(4) if applicable, confirm to the member that you are satisfied with the response you
received; or advise the member of your dissatisfaction with the response;
(5) consider the need to pursue the matter in accordance with the formal complaint
procedure, or in accordance with another applicable judicial or quasi-judicial process or
complaint procedure.
Individuals and organizations are encouraged to initially pursue this informal complaint
procedure as a means of stopping and remedying a behaviour or activity that is prohibited by
the Code of Conduct.
Note: A person is not required to undertake the informal complaint procedure prior to pursuing
the formal complaint procedure.
FORMAL COMPLAINT PROCEDURE
1. Application
(1) All the provisions of this Section apply to a request for an inquiry by an individual or an
organization other than a local board or Council as a whole.
(2) Subsection 1(1) does not preclude individual members of Council or individual members
of a local board from filing a formal written complaint.
(3) Sections 5 to 11, except Subsections 6(1)(b) and 7(3), apply to a request for an inquiry
made bya local board or Council as a whole.
2. Complaint
25of 37
(1) A request for an investigation of a complaint that a member has contravened the Code of
Conduct (the “complaint”) shall be in writing.
(2) All complaints shall be signed by an identifiable individual (which includes the authorized
signing officer of an organization).
(3) A complaint shall set out reasonable and probable grounds for the allegation that the
member has contravened the Code of Conduct and includes a supporting affidavit
(attached hereto as Appendix ‘B’) that sets out the evidence in support of the complaint.
(4) Any commissioners for taking affidavits are authorized to take the supporting affidavit.
3. File with Clerk
(1) The request for an investigation shall be filed with the City Clerk who shall forward the
matter to the Integrity Commissioner for initial classification to determine if the matter
is, on its face, a complaint with respect to non-compliance of the Code of Conduct; and
not covered by other legislation or other Council policies as described in Subsection 3(3).
Deferral
(2) If the complaint does not include a supporting affidavit, the Integrity Commissioner may
defer the classification until an affidavit is received.
(3) If the complaint, including any supporting affidavit, is not, on its face, a complaint with
respect to non-compliance with the Code of Conduct or the complaint is covered by other
legislation or a complaint procedure under another Council policy, the Integrity
Commissioner shall instruct the City Clerk to advise the complainant in writing as
follows:
a)if the complaint on its face is an allegation of a criminal nature consistent with the
Criminal Code of Canada, the complainant shall be advised that if they wish to pursue
any such allegation, they must pursue it with the appropriate police force;
b)if the complaint on its face is with respect to non-compliance with the Municipal
Conflict of Interest Act, the complainant shall be advised to review the matter with
their own legal counsel;
c)if the complaint on its face is with respect to non-compliance with the Municipal
Freedom of Information and Protection of Privacy Act, the complainant shall be
advised that the matter will be referred to the Manager of Corporate Records for
review;
d)if the complaint on its face is with respect to non-compliance with a more specific
Council policy with a separate complaint procedure, the complainant shall be advised
that the matter will be processed under that procedure; and,
26of 37
e)in other cases, the complainant shall be advised that the matter, or part of the matter,
is not within the jurisdiction of the Integrity Commissioner to process, with any
additional reasons and referrals as the Integrity Commissioner considers appropriate.
For example, a complaint regarding a member of Kitchener City Council relating to
their actions while serving on Regional Council would not be within the jurisdiction
of the Integrity Commissioner, as the Region of Waterloo is a separate level of
government; and the Integrity Commissioner will advise accordingly.
Reports
(4) The Integrity Commissioner may report to Council or a local board that a specific
complaint is not within the jurisdiction of the Integrity Commissioner.
(5) The Integrity Commissioner shall report annually to Council on complaints within the
jurisdiction of the IntegrityCommissioner, but shall not disclose information that could
identify a person concerned.
(6) Should no complaints be received within a calendar year, the Clerk shall report to Council
accordingly and no annual report shall be made by the Integrity Commissioner.
4. Refusal to Conduct Investigation
(1) If the Integrity Commissioner is of the opinion that the referral of a matter to him or her
is frivolous, vexatious or not made in good faith, or that there are no grounds or
insufficient grounds for an investigation, the Integrity Commissioner shall not conduct
an investigation, or, where that becomes apparent in the course of an investigation,
terminate the investigation.
(2)Complaints referred that are repetitious in nature, not germane to the Code of Conduct,
deemed frivolous, vexatious, or without substance in the opinion of the Integrity
Commissioner; shall not be advanced to an investigation stage.
(3)Other than in exceptional circumstances, the Integrity Commissioner will not report to
Council or a local board on any complaint described in Subsections 4(1) and 4(2) except
as part of an annual or other periodic report.
5. Investigations
(1) If a complaint has been classified as being within the Integrity Commissioner’s jurisdiction
and not rejected under Section 4, the Integrity Commissioner shall investigate and may
attempt to settle the complaint.
Public Inquiries Act
(2) Under Section 223.4(2) of theMunicipal Act, 2001, the Integrity Commissioner may elect
to investigate a complaint by exercising the powers of a commission under Parts I and II
of the Public Inquiries Act.
27of 37
(3) When the Public Inquiries Actapplies to an investigation of a complaint, the Integrity
Commissioner shall comply with the procedures specified in that Act and this complaint
protocol, but, if there is a conflict between a provision of the complaint protocol and a
provision of the Public Inquiries Act, the provision of the Public Inquiries Actprevails.
Complaint -Gifts and Benefits
(4) Upon receiving a formal written complaint, not deemed to be frivolous or vexatious, that
a gift or benefit was received contrary to the conditions set out herein, the Integrity
Commissioner shall examine the disclosure statement to ascertain whether the receipt of
the gift or benefitmight, in his/her opinion, create a conflict between a private interest
and the public duty of the member. In the event that the Integrity Commissioner makes
that preliminary determination, he/sheshall call upon the member to justify receipt of the
gift or benefit.
(5) Should the Integrity Commissioner determine that receipt of the gift or benefit was
inappropriate, he/she may recommend that Council direct the member to return the gift,
reimbursethe donor for the value of any gift or benefit already consumed, forfeit the gift
or remit the value of the gift or benefit already consumed to the City; or such other action
as the Integrity Commissioner deems to be appropriate.
6.Opportunity to Comment
(1) The Integrity Commissioner will proceed as follows, except where otherwise required by
the Public Inquiries Act:
a)serve the complaint and supporting material upon the member whose conduct is in
question with a request that a written response to the allegation be filed within ten
days; and,
b)serve the complainant with a copy of the member’s written response with a request
that the complainant provide a written reply within ten days.
(2) If necessary, after reviewing the written materials, the Integrity Commissioner may speak
to anyone relevant to the complaint, access and examine any of the information described
in Section 223.4(2) of theMunicipal Act, 2001 and may enter any municipal or local
board work location relevant to thecomplaint for the purposes of investigation and
settlement.
(3) The Integrity Commissioner shall not issue a report finding a violation of the Code of
Conduct on the part of any member unless the member has had 10 days notice of the
basis for the proposed finding and any recommended sanction and an opportunity to
respond in writing, within the same said 10 days, to the Integrity Commissioner on his/her
findings and any recommended sanction.
Interim Reports
28of 37
(4) The Integrity Commissioner may make interim reports to Council where necessary and as
required to address any instances of delay, interference, obstruction or retaliation
encountered during the investigation; or as otherwise deemed necessary by the Integrity
Commissioner.
7. Final Report
(1) The Integrity Commissioner shall report the general findings of his/herinvestigation to
the complainant and the member no later than 90 days after the making of the complaint.
That report shall indicate when the Integrity Commissioner anticipates presenting his/her
recommended corrective action(s) for Council’s consideration.
(2) Where the complaint is sustained in whole or in part, the Integrity Commissioner shall
also report to Council or the local board, or both, outlining the findings, and/or
recommended corrective action(s).
(3) Where the complaint is dismissed, other than in exceptional circumstances, the Integrity
Commissioner shall not report to Council or the local board except as part of an annual
or other periodic report.
Lawful recommendations
(4) Any recommended corrective action must be permitted in law and shall be designed to
ensure that the inappropriate behaviour or activity does not continue.
(5) Section 223.3 of the Municipal Act, 2001authorizes Council to impose either of two
penalties on a member of Council or local board following a report by the Integrity
Commissioner that, in his/her opinion, there has been a violation of the Code of Conduct:
a)a reprimand; or,
b)suspension of the remuneration paid to the member in respect of his or her services as
a member of Council or local board, as the case may be, for a period of up to 90 days.
The Integrity Commissioner may also recommend that Council or a local board take the
following actions:
c)removal from membership from an advisory committee or local board;
d)removal as Chair of a Committee or local board;
e)repayment or reimbursement of moneys received;
f)return of property or reimbursement of its value; or,
g)a request for an apology to Council, the complainant, or both.
8. Member not Blameworthy
29of 37
If the Integrity Commissioner determines that there has been no contravention of the Code of
Conduct or that a contravention occurred although the member took all reasonable measures
to prevent it, or that a contravention occurred that was trivial or committed through
inadvertence or an error of judgment made in good faith, the Integrity Commissioner shall so
state in the report and shall recommend that no penalty be imposed.
9. Report to Council
The City Clerk shall process the Integrity Commissioner’s report for the next meeting of
Council or local board, or both. Said report shall remain confidential until the matter has
received complete and final disposition by the Integrity Commissioner and has been reported
out to the members of Council through the City Clerk.
10. Duty of Council / Local Board
Council or a local board shall consider and respond to the report within 90 days after the day
the report is laid before it.
11. Confidentiality
A complaint will be processed in compliance with the confidentiality requirements in Section
223.5 of theMunicipal Act, 2001, which are summarized in the following subsections:
a)the Integrity Commissioner and every person acting under his/herinstructions shall
preserve secrecy with respect to all matters that come to his/her knowledge in the
course of any investigation except as required by law in a criminal proceeding or in
accordance with the provisions of Section 223.5(1) of theMunicipal Act, 2001.
b)pursuant to Section 223.5(3) of theMunicipal Act, 2001, this Section prevails over the
Municipal Freedom of Information and Protection of Privacy Act.
c)if the Integrity Commissioner reports to the municipality or to a local board his/her
opinion about whether a member of Council, a local board or advisory committee has
contravened the applicable Code of Conduct, the Integrity Commissioner may disclose
in the report such matters as in the Integrity Commissioner’s opinion are necessary for
the purposes of the report.
d)the municipality and each local board shall ensure that reports received from the
Integrity Commissioner by the municipality or by the board, as the case may be, are
made available to the public upon the matter being reported out to the members of
Council. Neither the Integrity Commissioner nor any person acting under the
instructions of the Integrity Commissioner is a competent or compellable witness in a
civil proceeding in connection with anything done under this Part.
e)if the Integrity Commissioner, when conducting an inquiry, determines that there are
reasonable grounds to believe that there has been a contravention of any other Act or
of the Criminal Code of Canada,the Integrity Commissioner shall immediately refer
the matter to the appropriate authorities and suspend the inquiry until any resulting
30of 37
police investigation and charge have been finally disposed of, and shall report the
suspension to Council through the City Clerk.
12. Integrity Commissioner Vacancy
Should the office of Integrity Commissioner become vacant, the Code of Conduct remains in
effect and all members shall abide by the provisions set out therein. When a vacancy occurs,
all formal complaints shall be held in abeyance until such time as a new Integrity
Commissioner has been appointed; or an interim measure enacted to enable the complaint to
be addressed within a reasonable amount of time. For example the City could engage the
services of an Integrity Commissioner from another local municipality as a potential interim
measure.
REPRISALS AND OBSTRUCTION
Members shall respect the integrity of the Code of Conduct and investigations conducted
under it. Any reprisal or threat of reprisal against a complainant or anyone for providing
relevant information to the Integrity Commissioner is therefore prohibited. It is also a
violation of the Code of Conduct to obstruct the Integrity Commissioner in the carrying out
of his/her responsibilities, as, for example, by the destruction of documents or the erasing of
electronic communications.
5.HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01-I-005 policy template re-formatted to new numbering system and given
number GOV-COU-005.
Formal Amendments
2009-11-02-As per Council directive.
2019-06-24-As per Council directive.
31of 37
APPENDIX ‘A’
Advisory Committee Members’ Code of Conduct
The purpose of an advisory committee is to provide informed advice and guidance, as well as
to facilitate public input to City Council on programs and policies. In recognition of the
impartial and objective advice received from advisory committees, as well as the challenges
and inherent restrictions placed upon these same individuals in assessing and recommending
various options in a conscientious and ethical manner, the following Code of Conduct is
provided as a general standard for all advisory committeemembers to ensure they are acting
in a manner that is appropriate with regard to his/hercommittee.
The Advisory Committee Members’ Code of Conduct shall be applicable to all members of
the City of Kitchener’s advisory committees, being:
Arts and Culture Advisory Committee;
Compass Kitchener;
Cycling and Trails Advisory Committee;
Downtown Action and Advisory Committee;
Economic Development Advisory Committee;
Environmental Committee;
Equity and Anti-Racism Advisory Committee
Heritage Kitchener;and
Safe and Healthy Community Advisory Committee.
1.Advisory committee members shall, when conducting committee business, preparing
written correspondence, interacting with the media, members of Council, staff or
members of the public, act in a manner that accomplishes the following:
a)fulfils the mandate and mission statement of his or her advisory committee;
b)respects due process and the authority of the Chair, Vice-Chair or Presiding
Officer;
c)demonstrates respect for all fellow committee members, Council, staff and the
public;
d)respects and gives fair consideration to diverse and opposing viewpoints;
e)demonstrates due diligence in preparing for meetings, special occasions, or
other committee-related events;
f)demonstrates professionalism, transparency, accountability and timeliness in
completing any tasks or projects undertaken by the committee;
g)conducts their duties and responsibilities in a manner that is consistent with
the City of Kitchener’s commitment to equity, inclusion and anti-racism,
whereby racism and oppression are not permissible at either an individual or
systemic level, in accordance with policy GOV-COR-XXX (Equity, Inclusion
and Anti-Racism)
h)conforms with all relevant legislation, by-laws, policies and guidelines; and,
32of 37
i)contributes in a meaningful manner, offering constructive comments to
Council, staff and fellow committee members.
2.A member of an advisory committee shall not:
a)place them self in a position where the member is under obligation to any
person who might benefit from special consideration or favour on their part or
who might seek in any way preferential treatment;
b)accord, in the performance of his or her official duties, preferential treatment
to relatives or to organizations in which the member, his or her relatives have
an interest, financial or otherwise;
c)deal with an application to the City for a grant, award, contract, permit or other
benefit involving the member, his or her immediate relative;
d)place them self in a position where the member could derive any direct benefit
or interest from any matter about which they can influence decisions; and,
e)benefit from the use of information acquired during the course of his or her
official duties which is not generally available to the public.
3.Advisory committee members shall complete all mandatory equity and anti-racism
training required as per their position as outlined in the corporate-wide Equity and Anti-
Racism Training Strategy. Volunteer members of advisory committees are required to
complete all mandatory training within one appointment term (2 years); once all
mandatory training is complete, advisory committee members are expected to take part in
ongoing training opportunities throughout subsequent appointment terms as provided
through the City.
4.A member of an advisory committee shall disclose immediately to the committee or the
Committee Administrator, who would disclose to the committee, that the member could
be involved in either a real or perceived conflict of interest as prohibited by the Code; and
shall abide by any decision made by the committee, with respect to such conflict of interest
without recourse.
If a member is perceived or known to have a conflict of interest as prohibited by the Code
and has not disclosed this to the committee; then that matter may be brought forward for
the committee’s consideration. When such a matter has been brought forward, the
committee, through a majority vote, would determine if the member is in a conflict
position in accordance with the provisions of Section 2 of this Code.
5.Where an advisory committee member believes or has been advised by the committee that
they have a conflict of interest in a particular matter, he/sheshall:
a)prior to any consideration of the matter, disclose his or her interest and the
general nature thereof;
b)leave the room for the duration of time that the matter is being considered;
c)not take part in the discussion of, or vote on any question or recommendation
in respect of the matter; and,
33of 37
d)not attempt in any way whether before, during or after the meeting to influence
the voting on any such question or recommendation.
6.Where the number of members who, by reason of conflict, are incapable of participating
in a meeting such that the remaining members no longer constitute a quorum, as set out in
KitchenerMunicipal Code Chapter 25(Procedure); then the remaining members shall be
deemed to constitute a quorum provided there are not less than two members present.
7.Notwithstanding Section 2(c), members of Heritage Kitchener who own property
designated under Part IV or Part V of the Ontario Heritage Actand are seeking
consideration of a Heritage Permit Application (HPA) for said property are permitted to
address the committee regarding their HPA; but, are prohibited from taking part in the
committee’s deliberation and / or voting regarding that matter.
8.Should a member of an advisory committee breach any of the clauses set out herein, the
City Clerk may refer the matter to Council who will consider whether to take any of the
possible corrective actions, as outlined under Part 3 Subsection 7(5) of the Code of
Conduct for Members of Council, Local Boards and Advisory Committees.
34of 37
APPENDIX ‘B’
FORMAL COMPLAINT PROCEDURE
AFFIDAVIT
Please notethat signing a false affidavit may expose you to prosecution under Sections 131 and
132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46, and also to civil liability for defamation.
AFFIDAVITOF_______________________________________________________\[Please print
full name\]
I, ___________________________________,of the_________________________
\[Full name\]\[City, Town, etc of\]
in the ______________________________________________________________
\[Municipality of residence\]
in the Province of OntarioMAKE OATH AND SAY\[or AFFIRM\]:
1. I have personal knowledge of the facts as set out in this affidavit, because
___________________________________________________________________
\[Insert reasons -e.g. I work for . . .orI attended the meeting at which . . . etc\].
2. I have reasonable and probable grounds to believe that a member of Kitchener City
Council or local board,_________________________________________________
\[Specify name of member\],
has contravened section(s)___________________________of the Code ofConduct.
\[Specify section(s)\]
The particulars of which are as follows:
\[Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible
to a particular statement of fact. If you require more space, please use the attached Schedule ‘A’ form and check the appropriate box below. If
you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B, etc. and attach them tothis affidavit.\]
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
35of 37
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
___________________________________________________Please see the attached
Schedule ‘A’ ( )
This affidavit is made for the purpose of requesting that this matter be reviewed and for no other purpose.
SWORN \[or AFFIRMED\]before me at the
\[City, Town, etc of\]_______________________)
)
________________________________in the )
)
Province of Ontario on this ________day of )
)
_________________________ , _________.)
)
____________________________________)\[Signature of Complainant\]
______________________________
\[Signature of commissioner\])
A Commissioner for taking affidavits, etc. )
36of 37
PLEASE NOTE THAT SIGNING A FALSE AFFIDAVIT MAY EXPOSE YOU TO PROSECUTION UNDER
SECTIONS 131 AND 132 OR 134 OF THE CRIMINAL CODE,R.S.C. 1985, C. C-46, AND ALSO TO CIVIL LIABILITY
FOR DEFAMATION.
Page ___ of ___.
Schedule ‘A’
To the affidavit required under the Formal Complaint Procedure
\[If more than one page is required, please photocopy this blank page and mark each additional page as 2 of 2, 2 of 3, etc. at the top right
corner.\]
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
________________Schedule ‘A’ referred to in the affidavit of
_______________________________\[full name\])
Sworn \[or Affirmed\]before me on this_________)
day of ______________________ , ________.)
)
______________________________________)\[Signature of Complainant\]
______________________________
\[Signature of commissioner\])
A Commissioner for taking affidavits, etc. )
37of 37