HomeMy WebLinkAboutCouncil Staff Relations Policy - GOV-COU-2040POLICY GOV-COU-2040
COUNCIL STAFF RELATIONS Category
GOV -
Governance
Sub-category
COR - Corporate
Approval Type
COUNCIL
Department/Division
Legislated Services
Author and Position
City Clerk
Date Approved
November 18, 2024
Last
Reviewed/Amended
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enter a date.
Next Review Date
June 1, 2027
Related Policies or Procedures
• Municipal Act, 2001
• Ontario Health and Safety Act, 1990
• Code of Conduct for Members of Council and Local Boards (GOV-COU-005)
• Employee Conflict of Interest Policy (HUM-WOR-045)
• Violence in the Workplace Policy (HUM-WOR-250)
• Respect in the Workplace Policy (HUM-WOR-140)
• Procedure By-law (Chapter 25 of the Municipal Code)
Policy Purpose
This policy provides guidance on how the City of Kitchener ensures a respectful, tolerant and
harassment-free relationship and workplace between Members of Council and the officers
and employees of the City, as required by section 270 of the Municipal Act.
Definitions
‘Act’ means the Municipal Act, 2001 S.O. 2001, which for the purposes of this Policy, outlines
the roles and responsibilities of Members of Council and officers and outlines the requirement
for such a Policy.
‘Chief Administrative Officer/CAO’ means the Chief Administrative Officer appointed by the
Kitchener Council, or their designate.
‘City’ means the City of Kitchener.
‘Member of Council’ means any member of the legislative body of the City, including the
Mayor, for the purposes of this Policy.
‘Staff’ means individuals employed by the City of Kitchener including the CAO, the officers of
the municipality, the City Clerk and Treasurer as defined by the Act.
‘Corporate Leadership Team’ means the CAO, General Managers or their designates.
‘Integrity Commissioner’ means the independent key advisor to Council on a range of
important issues, as defined in the Municipal Act, 2001. The Integrity Commissioner is
responsible for providing education and advice to Members of Council, and presiding over
Code of Conduct complaint investigations.
Policy Scope
Application
☒ Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part-
time, Casual, Probationary, Student, Management, Non-union) • All employees
☐ Unions (Indicate below which categories apply: All Unions, CUPE 68 Civic, CUPE 68 Mechanics, CUPE 791, IATSE, IBEW, KPFFA)
• Click or tap here to enter text.
☒ Council
☐ Specified Positions: Click or tap here to enter text.
☐ Other: Local Boards and Advisory Committees
Policy Content
The City of Kitchener promotes a respectful, tolerant and harassment-free relationship and
workplace between Members of Council and the officers and employees of the City, guided
by the Code of Conduct for Members of Council and Local Boards, Employee Conflict of
Interest Policy, Violence in the Workplace Policy, Respect in the Workplace Policy, and the
Procedure By-law.
The relationship between Members of Council and the officers and employees of the City is
guided by the following policies:
1. Code of Conduct for Members of Council, Local Boards & Advisory Committees (GOV-
COU-005)
The Code of Conduct for Members of Council, Local Boards and Advisory Committees
establishes the behaviour expected of Members of Council towards Staff including but
not limited to, recognizing the requirements for staff to make recommendations that
reflect their professional expertise and corporate perspective without undue influence
from any individual member or group of members, and in return Council shall receive
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. The Code
also outlines that Members have a duty to treat members of the public, one another
and staff appropriately and without abuse, bullying or intimidation, free from
discrimination and harassment.
2. Special Powers and Duties of the Head of Council under the Municipal
Act, 2001, as amended.
While the Code of Conduct’s principles provide that Council as a whole has the
authority to approve matters and are not permitted to individual direct the action of
staff, unless authorized by Council, the Mayor may direct staff, in writing, in
accordance with Part V1.1 of the Municipal Act, 2001, to:
a) undertake research and provide advice to the Mayor and the municipality
on policies and programs of the municipality or of the Mayor as they relate
to the powers and duties under Part VI.1 of the Act; and
b) carry out duties related to the exercise of the power or performance of the
duty, including implementing any decisions made by the Mayor under Part
VI.1 of the Act.
3. Employee Conflict of Interest Policy (HUM-WOR-045)
For a City to function effectively, the public must have confidence in the integrity of its
employees and their dedication to the City's best interests. To this end, City staff must
be independent, impartial and responsible to the public interest in carrying out their
duties. The Employee Conflict of Interest Policy requires that City employees must not
place their private interests above their public duties.
4. Violence in the Workplace Policy (HUM-WOR-250)
Members, staff and the public have a right to a safe and healthy workplace free from
actual, attempted or threatened violence in accordance with the Violence in the
Workplace Policy.
5. Respect in the Workplace Policy (HUM-WOR-140)
The Respect in the Workplace Policy requires the Members, staff and public to create
a healthy and safe work environment free of any forms of bullying, uncivil or
disrespectful behaviour, and from discrimination and harassment, including sexual
harassment.
6. The Procedure By-law (Chapter 25 of the City’s Municipal Code)
The Procedure By-law governs the city’s public meeting processes and requires
the Members to follow a set of rules for conduct and debate, ensuring meetings are
conducted fairly, and in an orderly fashion.
7. Responsibilities
Members of Council and Employees are required to adhere to this Policy and related
policies.
8. Procedures
The City Clerk shall be responsible for receiving complaints and/or concerns related
to this Policy. Upon receipt of a complaint and/or concern, the City Clerk shall notify:
a. In the case of complaints against employees, the Manager, Director, or
General Manager responsible for the employee and the Director, Human
Resources; or
b. In the case of complaints against Council, the Integrity Commissioner.
Where there is a discrepancy between the Council Staff Relations Policy and the Code
of Conduct for Members of Council and Local Boards, Employee Conflict of Interest
Policy, Violence in the Workplace Policy, Respect in the Workplace Policy, the
language of the Code prevails.
Results of Review
☐ No Edits Required
☐ Housekeeping Edits
☐ Substantial Edits
☐ Repeal/Replace
Policy History
Administrative and Housekeeping Changes
Date Nature of Change
yyyy-mm-dd Departmental re-organization/Titling changes/ Standing Committee
restructuring.
Substantial Changes
Date Council/CLT Directive
yyyy-mm-dd As Per Council/CLT Directive - Report #