After many months, the Town of Collingwood Inquiry report, by CJ Frank Marrocco, has been released. It is titled “Transparency and the Public Trust,” and according the CJ Marrocco it is applicable to all Municipalities, so perhaps Councils, throughout Ontario and Canada, should read these documents and realize there is much work to be done.
That is for you and your Municipal Council to decide, but only if they are ethical to begin with, doesn’t it?
For many years some people in Ontario, and I would suggest across this Nation, have been seeing the affects of unlawful actions in their municipalities. From friends of friends getting pay-back to unlawful by-laws. What I find quite telling, in CJ Marrocco’s report, are the recommendations to Council, the CAO and staff, and it seems his main concern is the lack of ethics in Council and the staff, who present information to Council, in the creation and passing of by-laws.
In regards to Municipal Councils, the province of Ontario issues a “Municipal Councillor’s Guide” after every Municipal Election. In the 2018 guide, is Chapter 7, “Councillors as Law Makers.” As found in the document by CJ Marrocco, staff may not be trusted, and most municipalities cannot afford to continue to pay solicitors to research and investigate recommended by-laws, presented by staff, nor has solicitors time to read the mountains of legislation required. It can take hours and/or weeks to read through even the entire Municipal Act, let alone other statutes and regulations that pertain to the topic. As for Councillors passing unlawful by-laws to cover their own hides, that is not what passing by-laws are for. It would seem this leads back to the ‘ethics” question, doesn’t it?
That being said, isn’t it the obligation of Council members to do that research, after all they are to know and understand the limitations of their authority, and they are to know and understand the legislation which pertains to the municipalities? At least that is what the “Councillors Guide” tells them.
“Legal considerations on exercising power
… Because municipalities are provincial creations, generally they only do what they have been authorized to do by the provincial government. A number of general consequences follow from this:
· a provincial government may give a municipality only those powers that it may exercise itself within the Constitution’s division of federal and provincial powers
· generally, a municipal by-law may not override a conflicting provincial statute. A by-law that was valid when passed may become invalid if an overriding provincial statute is later passed…”
As expressed, CJ Marrocco was quite concerned with the “ethics” of staff and members of Council, and rightfully so. Why should the people of Ontario have to spend their hard-earned money challenging municipal by-laws which, to a reasonable person, is unlawful and beyond the legislative authority of the Municipalities? It is redundant for staff and/or Council members to tell the “tax-payer” to take them [municipality] to Court and to challenge the “tax-payers,” of their own municipality. This isn’t good ethics nor is it conducive of the operation of the municipalities. Shouldn’t the Council be researching and reading what the statutes [in their entirety] tell them and finding out if staff is misleading the Council instead of penalizing the people of their municipalities? It is Councils obligation to protect the people from misguided staff members and to ensure the by-laws they pass are lawful, at least according to the “Councillors Guide.”
From the Inquiry some recommendations to Council:
“17 The Code of Conduct should state that Council members must perform their duties with integrity, objectivity, transparency, and accountability to promote public trust and confidence. The public is entitled to expect the highest standards of conduct from the individuals they elect to local government …
18 The Code of Conduct should state that Council members at the Town…must comply with all applicable provincial and federal legislation, Town by-laws, and Town policies concerning “their position as an elected official”.
28 The Code of Conduct should state that Council members must understand and adhere to their obligations concerning real, apparent, and potential conflicts of interest under the Municipal Conflict of Interest Act, the Code of Conduct for Council members in …[Town], and other relevant Town policies and legislation.”
From the Inquiry some recommendations for staff:
“97 Staff must not conceal or manipulate information. Staff must never intentionally misrepresent facts or information.
101 Staff should be prohibited from participating “in the analysis of information” or making any “decisions on an issue or matter in which” staff have “a real or apparent conflict of interest”.
102 The Code of Conduct should prohibit staff from using their positions at the Town…”to further their private interests”.
104 Staff “shall not use information for personal or private gain” or the gain of family, relatives, or friends.
109 The Code of Conduct should state that staff reports must be objective and identity a full range of options for Council to consider. The risks associated with options must be clearly and fully presented. At no time should the fiscal impacts of any option be minimized by staff.
112 The Code of Conduct should state that staff should not summarize or explain the findings of a consultant’s report. A consultant should be available to speak to Council and respond to questions and issues that arise from the consultant’s report..
124 Any staff “found to have violated the Code of Conduct may be subject to disciplinary action,” “including discharge from employment.” A clear message must be sent that ethical misconduct by staff is serious misconduct and the penalties should reflect this principle.”
Question - Could the concealment and manipulation, including the use of information for personal or private gain, be considered as an underlying issue, regarding unlawful by-laws, involving job security and/or personal advancement within the various departments?
After many months, the Town of Collingwood Inquiry report, by CJ Frank Marrocco, has been released. It is titled “Transparency and the Public Trust,” and according the CJ Marrocco it is applicable to all Municipalities, so perhaps Councils, throughout Ontario and Canada, should read these documents and realize there is much work to be done.
That is for you and your Municipal Council to decide, but only if they are ethical to begin with, doesn’t it?
References
Link to Inquiry Report
http://www.collingwoodinquiry.ca/report/index.html
Link to the 2018 Municipal Councillors Guide
https://www.ontario.ca/document/ontario-municipal-councillors-guide-2018
Elizabeth F. Marshall, President All Rights Research Ltd
