(rdnewsNOW file photo)

By Alessia Proietti

Integrity commissioner and more

Red Deer city council considers new Code of Conduct Bylaw

Aug 22, 2023 | 11:58 AM

Red Deer city council gave first reading to a new Code of Conduct Bylaw presented at their meeting on Monday.

The proposed bylaw aims to include a redesigned complaint and investigation process, a new independent Integrity Commissioner role, and more robust guidance pertaining to sanctions.

A Code of Conduct Bylaw is a written document that sets expectations for council members’ conduct or behaviour. All municipal councils are required by the Municipal Government Act (MGA) to have one and to review the Bylaw when a new council is elected.

Two current city councillors, Kraymer Barnstable and Cindy Jefferies, were found in breach of various sections of the current Bylaw in May and July of this year, respectively.

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Under the current Bylaw, when a member of the public or City employee has a concern about the conduct of a council member, they follow a formal resolution process. The investigation process may be led by council or an independent third party. If a breach is determined, council may impose sanctions on the council member.

Informal reviews can occur only if the complaint is received from another member of council and are typically addressed through informal discussion between the parties, sometimes with the assistance of the mayor.

INTEGRITY COMMISSIONER/ ETHICS ADVISOR

One of the major updates proposed by city administration for the new Bylaw includes the contracting of an impartial Integrity Commissioner/Ethics Advisor.

As Commissioner, this person would be appointed by council to receive and manage all formal complaints, removing the mayor and councillors from the intake process. As Advisor, they would be available to council to answer questions or provide direction.

“I have talked in the past about the burden of public office and what a burden it is when we step into public life,” said Mayor Ken Johnston. “That expectation, that bar, is extremely high.”

“We need a referee that can actually be a referee,” he added. “The players can’t have their own rulebook and enforce their own rule book.”

After the Commissioner determines whether a breach is found, council would decide upon the sanctions.

Lisa Perkins, the City’s Director of Corporate Services, stated the position would come with an estimated salary of $200,000, adding that investigations have already cost the city thousands of dollars.

Various councillors voiced against the cost. Councillor Vesna Higham suggested following the lead of other communities in the province who have an Integrity Commissioner on a $2,000 monthly retainer with an hourly pay when a case arises. Councillor Lawrence Lee suggested sharing the cost with other mid-sized municipalities.

THE PUBLIC

The current Bylaw states that “the public” can make complaints against councillors. The general term thus allows all members of the general public, including non-Red Deer residents, to file complaints.

Councillors advocated for the term to be limited to Red Deer residents and to allow for the public release of the complainant’s name. Administration confirmed the name of complainants must remain anonymous.

Council also debated the introduction of a fee for complaints or to remove the ability for the public to complain in its entirety, like Red Deer County does.

OTHER CHANGES

Other updates proposed by administration include:

• A redesigned complaint process:
  • The addition of timelines to ensure complaints are managed in a timely and fair manner.
  • Inclusion of a blackout period within 90 days of a municipal election to prevent political weaponization.
  • Inclusion of an informal complaint resolution, such as face-to-face discussions, that can be used when a complaint is submitted.
  • Clarity around factors for consideration when council is determining potential sanctions.
• Changes related to representing the municipality:
  • Updates that ensure alignment with Alberta Human Rights legislation and the Alberta Human Rights Act, such as Free Expression of Opinion.
  • Clarity about the use of City resources during an election campaign.
  • Adjustments related to how council provides feedback to administration.

The City says the new Bylaw draws from municipal best practices and incorporates feedback from past and current council collected over the duration of their term thus far.

“Council is very focused on a new bylaw that will allow for streamlined processes, greater transparency and accountability, while also ensuring confidentiality and discretion through the process when complaints are received and investigated,” said Mayor Johnston. “It also considers the need for fiscal responsibility. It is costly to investigate and review formal Code of Conduct complaints, and while this work is necessary as we hold ourselves accountable to the public, we also need to ensure we are being as efficient and effective as possible. A new Code of Conduct Bylaw will help us do this.”

The City has had code of conduct policies prior to the bylaw being adopted in 2018.

The bylaw will return for second reading in four weeks where amendments can be proposed by council. If approved, the Bylaw is expected to take effect on December 1, 2023.

A Frequently Asked Questions page can be found on the City’s website.