Code of Conduct for Council and Local Boards
A Code of Conduct helps to ensure that the members of council, local boards and committees share a common basis of acceptable conduct. These standards supplement the legislative parameters within which the members must operate. They are intended to enhance public confidence that the Municipality of Middlesex Centre’s elected and appointed officials operate from a basis of integrity, justice and courtesy.
- Integrity Commissioner
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Council has appointed an Integrity Commissioner to address the application of the Code of Conduct for members of council, local boards and committees. The Integrity Commissioner has the power to deal with requests to investigate suspected contraventions of the Code of Conduct.
In addition to conducting formal Code of Conduct investigations, the Integrity Commissioner serves as an advisor on appropriate conduct to individual members of council or council as a whole.
Middlesex Centre's Integrity Commission is John Mascarin of Aird and Berlis LLP.
- Code of Conduct Complaint Procedure
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An organization or individual who wishes to submit a complaint regarding a contravention of the Code of Conduct may address their concerns through the process set out below.
- Contact the Municipal Clerk. We strongly encourage you to contact the Clerk about your complaint as a first step. Many issues can be resolved quickly by asking the Clerk for clarification prior to moving forward with a formal complaint.
- Complete the Municipal Complaints Form. All formal complaints must be made using the municipality’s Complaints Form/Affidavit. This form is found as Appendix “B” to the Code of Conduct. Please make sure to:
- include the name of the member alleged to have breached the code; the section of the code allegedly contravened; the date, time and location of the alleged contravention; and any other information as required on the Complaint Form/Affidavit;
- include an explanation as to why the issue raised may be a contravention of the Code of Conduct;
- include any evidence in support of the allegation;
- identify any witnesses in support of the allegation; and
- date and sign the complaint.
- File the Completed Complaints Form. The complaint must be filed with the Integrity Commissioner who will confirm that the information is complete. The Integrity Commissioner may request additional information from the complainant.
Upon receipt of a complaint or request for enquiry, the Integrity Commissioner will determine if it is within their jurisdiction and whether there is a procedure under other legislation or municipal policy to deal with the complaint. If it is determined that other procedures apply, the Integrity Commissioner will refer the complainant to the appropriate person or agency to follow that process.
If the Integrity Commissioner is of the opinion that a complaint or request to conduct an enquiry is frivolous, vexatious, not made in good faith or that there are insufficient grounds for an enquiry, the Integrity Commissioner shall not conduct an enquiry.
- Conflicts of Interest / Disclosures of Pecuniary Interest
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The Municipal Conflict of Interest Act requires members of council to declare any direct or indirect pecuniary interest in relation to a matter under consideration.
A pecuniary interest in a matter is one where there is a reasonable likelihood or expectation of financial loss or gain of the council member or related persons as per the Act. The onus is on the council member to determine whether they are affected by the pecuniary interest provisions.
All council members must submit their disclosures of pecuniary interest in writing to the Clerk immediately following the meeting during which they verbally disclose a pecuniary. The Clerk maintains a registry of all declarations.
- Closed Meeting Investigations
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Section 239 of the Municipal Act lays out specific requirements which must be met to allow municipal council to meet in a closed/confidential setting.
All Middlesex Centre council meetings which do not meet these requirements must be held in public.
Under the Municipal Act, members of the public may request an investigation into whether the municipality has complied with the open meeting requirements.
Closed Meeting Investigation Requests
An organization or individual who wishes to inquire if it was appropriate to hold a meeting in closed session may address their concerns through the process set out below.
Contact the Municipal Clerk
- We strongly encourage you to contact the Clerk about your concern as a first step. Many questions about closed session meetings can be resolved quickly by asking the Clerk for clarification prior to moving forward with a formal investigation.
Formally Request a Closed Meeting Investigations Inquiry
- Middlesex Centre Council has appointed Aird and Berlis LLP to conduct closed meeting investigations on its behalf. Aird and Berlis LLP is authorized to conduct investigations about a closed meeting or part of a closed meeting that is alleged to have been conducted in violation of the Municipal Act.
- Individuals may submit closed meeting investigation requests using the Request for Information: Closed Meeting form. Completed forms may be submitted electronically or in writing to the Municipal Clerk.
- The Municipal Clerk will forward all investigation requests to the closed meeting investigator. Once received, Aird and Berlis LLP will investigate the circumstances of the closed meetings referenced and report publicly on the results of that investigation.