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Home My WebLink AboutCOR-2023-090 - Integrity Commissioner Annual Report - July 1,2021- June 30, 2022 Corporate Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: April 3, 2023 SUBMITTED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 PREPARED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 WARD(S) INVOLVED: All DATE OF REPORT: February 13, 2023 REPORT NO.: COR-2023-090 SUBJECT: Integrity Commissioner Annual Report - July 1, 2021 to June 30, 2022 RECOMMENDATION: For information. REPORT HIGHLIGHTS: The purpose of this report is to present the annual report submitted by the Integrity Commissioner (IC), ADR Chambers, in accordance with provisions in the Code of Conduct. This report supports the delivery of core services. BACKGROUND: The Municipal Act, 2001, ("the Act") requires that municipalities establish a code of conduct for members of the Council of the municipality and its local boards (s. 223.2 (1)) and appoint an Integrity Commissioner who shall perform various functions under the Act as authorized by the municipality (s. 223.3). A Code of Conduct sets standards that are intended to enhance public confidence that the City of Kitchener elected, and appointed officials operate from a basis of integrity, justice and courtesy. Code of Conduct has been in place since 2008 with amendments last occurring in 2019 recommended by staff arising from legislative changes to the Act. The Code of Conduct is a living document that is revised as necessary as case law evolves and as databases are created by Integrity Commissioners reviewing issues and complaints. An Integrity Commissioner performs, in an independent manner, the functions assigned by the municipality with respect to any or all of the following: the application of the code of conduct for members of council and the code of conduct for members of local boards, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. the application of any procedures, rules and policies of the municipality and local boards, governing the ethical behaviour of members of council and of local boards, the application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act, 1990 to members of council and of local boards, requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member, requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members, requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act, and the provision of educational information to members of council, members of local boards, the municipality and the council and members of local boards and about the Municipal Conflict of Interest Act. Arising from a competitive procurement process (P16-05) ADR Chambers, Toronto, Ontario was in 2016, and continues to serve in this capacity. REPORT: Annual Report The City's Code requires that the Integrity Commissioner annually report to Council on findings of complaint cases. The last annual report filed with the city was dated July 31, 2019 for the period of July 1, 2018 to June 30, 2019 (report COR-19-040). There were no code complaints filed between July 1, 2019 and July 30, 2021, and as such no annual reports. The attached annual report (Attachment 'A') from the IC dated January 11, 2023 for the period of July 1, 2021 to June 30, 2022, is provided for Council's information. No Code complaints were received, and one request for advice was received and responded to in writing. Code of Conduct Revisions There is an opportunity with the beginning of a new term of Council to review the current Code todetermine if amendments are required. The Act, Integrity Commissioner and Code of Conduct were provided and highlighted as part of the Council Orientation program. Given there has been historically minimal use of the IC services for code complaints and investigations and no legislative amendments nor case law findings, staff is of the opinion that amendments are not required at this time. Should Council desire a review of the Code, amendments could occur through a number of methods including research and recommendations arising from a staff report to Council, a review conducted by the IC or the establishment of a sub-committee of Council. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The billings for the year as noted in the Annual report is $2,632.90. The amount budgeted is $2,000. The deficient is currently being covered in the Operating Budgets for Legislated Services and Office of the Mayor and Council accounts. Should Council determine a review of the current Code by the IC is appropriate, an unbudgeted expense would occur. COMMUNITY ENGAGEMENT: INFORM council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: COR-19-040 Integrity Commissioner Annual Report July 1, 2018 to June 30, 2019 Municipal Act, 2001 Municipal Conflict of Interest Act, 1990 APPROVED BY: Victoria Raab, General Manager, Corporate Services ATTACHMENTS: Attachment A Annual Report of the Integrity Commissioner, July 1, 2021 to June 30, 2022 January 11, 2023 SENT BY E-MAIL TO: Amanda Fusco City Clerk City of Kitchener 200 King Street West Kitchener, ON N2G 4V6 Amanda.fusco@kitchener.ca Re: City of Kitchener Integrity Commissioner Annual Report File No.: IC-20016-1022 Operating Period: July 1, 2021 to June 30, 2022 Dear Ms. Fusco: Thank you for the opportunity to act as the Integrity Commissioner ("IC") for the City of Kitchener (the Cityover the past year. As you know, the IC's role is to help Members of Council ("Members") ensure that they are performing their duties and functions in accordance with and the Municipal Conflict of Interest Act. The Integrity Commissioner is available to educate and provide advice to Members on matters governing their ethical behavior and compliance . The IC is also responsible for receiving, assessing, and investigating appropriate complaints made by Council, its Members, and members of the public respecting alleged breaches of the Code and the MCIA by Members. Additionally, the Integrity Commissioner investigates complaints received from electors of the City, or persons demonstrably acting in the public interest, where it is alleged that a Council Member has contravened the provisions of the MCIA. I am hereby providing the Annual Report for the sixth operating year covering the period July 1, 2021 to June 30, 2022. Requests for Advice One Request for Advice was received and responded to in writing. The Request for Advice by Members must always be made in writing to the Integrity Commissioner. Similarly, any advice given to Members by the Integrity Commissioner is always provided in writing, and in accordance with the provisions of the City Advice from the Integrity Commissioner should not be considered to constitute legal advice, and Members are always encouraged to seek the advice of their personal solicitor should they believe legal advice is necessary. Code and MCIA Complaints No Code or MCIA complaints were received in respect of Members during the preceding 12 months. Billings Billing for the year to date has totaled $2,632.90. Final Comments It has been a pleasure assisting the City and its Members in contending with the issues which arose in connection with the administration of the Code and MCIA. We look forward to continuing to provide the services of Integrity Commissioner to the City in the forthcoming year. Yours truly, Lori Lalonde ADR Program Associate, ADR Chambers Inc. Office of the Integrity Commissioner 2