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HomeMy WebLinkAboutCRPS-10-084 - Integrity Commissioner - Option for 2nd Year of ContractREPORT REPORT TO: Chair B. Vrbanovic and Members of the Finance & Corporate Services Committee DATE OF MEETING: June 7, 2010 SUBMITTED BY: R. Gosse, Director of Legislated Services/City Clerk PREPARED BY: R. Gosse ext. 2801 WARD(S) INVOLVED: n/a DATE OF REPORT: May 28, 2010 REPORT NO.: CRPS-10-084 ND SUBJECT: INTEGRITY COMMISSIONER - OPTION FOR 2 YEAR OF CONTRACT RECOMMENDATION: Council’s direction is requested BACKGROUND: Subsection 223.2 of the Municipal Act authorizes a municipality to establish codes of conduct for members of council and local boards of the municipality. Subsection 223.3 authorizes the appointment of an Integrity Commissioner who reports to council and is responsible for performing in an independent manner the functions assigned with respect to the application of the code of conduct and investigations into any breach of the code. In June 2008, Council adopted a Code of Conduct for members of council and local boards and directed that an Integrity Commissioner be appointed. In June 2009 the city entered into an agreement with Mr. Greg Levine appointing him as the Integrity Commissioner for the city. That contract comes due on June 15, 2010 however there is an option that the city can exercise for a second year. REPORT: The contract between the city and Mr. Levine stipulated that as the Integrity Commissioner for the city, his responsibilities were basically to undertake investigations into any bona fide allegation regarding a breach of the code of conduct. For this the city paid an annual retainer of $2000 and would pay investigation fees of $150/hour plus expenses. During the past year there were no submitted requests for investigations. The contract contains a clause allowing the city to exercise an option for a second year on the same terms and conditions. Mr. Levine was contacted regarding his willingness to continue as the city’s Integrity Commissioner as per the contract, and he has indicated he would. If council chooses not to offer Mr. Levine a second year, the options left to council are to let a Request for Proposal for a new Integrity Commissioner or, maintain an amended code of conduct, removing all processes and references to the Integrity Commissioner and not make the appointment. îï ó ï Although the Municipal Act authorizes the establishment of a code of conduct and the appointment of an Integrity Commissioner, neither are mandatory. FINANCIAL IMPLICATIONS: Should council decide to exercise this option, the costs would remain at $2000/annum and $150/hour plus expenses for investigations. For 2010, $10,000 has been budgeted to cover the costs for the retainer and possible investigations therefore should council decide not to continue the appointment of an Integrity Commissioner, there will be a savings of $10,000. ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services îï ó î