CODE OF ETHICS BYLAW
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VILLAGE OF TOMPKINS BYLAW NO. 2017-01
1. This Bylaw may be cited as the Code of Ethics Bylaw
Legal Requirement
2. This bylaw has been created to comply with section 93.1 of The Municipalities Act and as outlined in section
3.1, Schedule 1, of The Municipalities Regulations.
PART 1
CODE OF ETHICS
Code of Ethics for Members of Council
Preamble
As members of council, we recognize that our actions have impact on the lives of all residents and property
owners in the community. Fulfilling our obligations and discharging our duties responsibly requires a
commitment to the highest ethical standards.
The quality of the public administration and governance of the Village of Tompkins, as well as its reputation and
integrity, depends on our conduct as elected officials.
Purpose and Interpretation
The purpose of this code is to outline basic ethical standards and values for members of council. It is to be used to
guide members of council respecting what their obligations are when fulfilling their duties and responsibilities as
elected officials.
This code is to be interpreted in accordance with the legislation applicable to the municipality, the common law
and the policies and bylaws of the municipality.
Neither the law nor this code is to be interpreted as exhaustive, and there will be occasions on which a council
will find it necessary to adopt additional rules of conduct in order to protect the public interest and to enhance the
public confidence and trust in local government.
It is the responsibility of each member of council to uphold the standards and values set out in this code.
Standards and Values
a. Honesty
Members of council shall be truthful and open in their roles as council members and as members of the
communities they serve.
b. Objectivity
Members of council shall make decisions carefully, fairly and impartially.
c. Respect
Members of council shall treat every person, including other members of council, municipal employees and the
public, with dignity, understanding and respect.
Members of Council shall not engage in discrimination, bullying or harassment in their roles as members of
council. They shall not use derogatory language towards others, shall respect the rights of other people and
groups, shall treat people with courtesy and shall recognize the importance of the different roles others play in
local government decision making.
d. Transparency and Accountability
Members of council shall endeavour to conduct and convey council business and all their duties in an open and
transparent manner, other than those discussions that are authorized to be dealt with in a confidential manner in
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closed session, so that stake holders can view the process and rationale used to reach decisions and the reason for
taking certain actions.
Members of council are responsible for the decisions that they make. This responsibility includes acts of
commissions and acts of omission.
e. Confidentiality
Members of council shall refrain from disclosing or releasing any confidential information acquired by virtue of
their office except when required by law or authorized by council to do so. Members shall not take advantage of
or obtain private benefit from information that is obtained in the course of or as a result of their official duties or
position and that is not in the public domain. This includes complying with The Local Authority Freedom of
Information and Protection of Privacy Act in their capacity as members of council of a local authority.
f. Leadership and the Public Interest
Members of council shall serve their constituents in a conscientious and diligent manner and act in the best
interests of the municipality. A member shall strive, by focusing on issues important to the community and
demonstrating leadership, to build and inspire the public's trust and confidence in local government.
Members of council are expected to perform their duties in a manner that will bear close public scrutiny and shall
not provide the potential or opportunity for personal benefit, wrongdoing or unethical conduct.
g. Responsibility
Members of council shall act responsibly and in accordance with the Acts of Parliament of Canada and the
Legislature of Saskatchewan, including The Municipalities Act.
This duty includes disclosing actual or potential conflicts of interest, either financial or otherwise relating to their
responsibilities as members of council, following policies and procedures of the municipality, and exercising all
conferred powers strictly for the purpose for which the powers have been conferred. Every member of council is
individually responsible for preventing potential and actual conflicts of interest.
PART II
CONTRAVENTION OF THE CODE OF ETHICS
Complaint Procedure
3. As required by clause 93.1(5)(c) of The Municipalities Act, the following section details the procedure for
handling contraventions of the code of ethics.
a) To report an alleged contravention of the code of ethics, an individual/organization/member of council
may submit the form found in Schedule A, by sending the form directly to the Village of Tompkins
Administrator or Clerk by mail, e-mail, fax or courier. The complaint will then be presented to council at
the next regular meeting of council in an in camera session.
b) Upon receipt of a complaint, Council shall discuss the complaint and take all necessary steps to ensure the
complaint is valid.
c) All discussions surrounding alleged and substantiated contraventions of this policy shall be conducted in
an in camera session at a meeting of council.
d) If the claim is found to be substantiated, Council may, by resolution, impose an appropriate penalty
detailed in 5(a) to (f) on the severity of the contravention of the code of ethics.
(i) Any action taken by Council should include a time frame to complete the
expected remedial action.
e) Council shall inform the claimant, member of council, and any other relevant party of councils decisions
which includes:
(i) Informing the claimant and member of council that the complaint is dismissed, or
(ii) Informing the complainant and member of council of the corrective action
and/or the measures taken to ensure the behavior or activity does not continue.
Contravention during a Council Meeting
4. If council is of the opinion that a member has violated the code of ethics during a council
meeting, council may require the member to remove themselves for the remainder of the council
meeting. Council may apply additional penalties based on the severity of the contravention.
Remedial Action if Contravention Occurs
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5. Should a Member of Council breach any of the principles outlined in this code, the possible course of
action that are available to Council include but are not limited to:
a) An apology, either written and/or verbal, by the Member of Council to the impacted
individual(s), Council, and/or the general public.
b) Educational training on ethical and respectful conduct.
c) Repayment of money/gifts received.
d) Removal of the Member from Council Committees and/or bodies.
e) Dismissal of the Member from a position of Chairperson of a Committee.
f) Reprimand.
PART III
COMING INTO FORCE
6. This bylaw shall come into effect on the day of its final passing.