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By Alessia Proietti

Open position for Integrity Commissioner

Red Deer city council adopts new Code of Conduct Bylaw

Sep 19, 2023 | 12:28 PM

Red Deer city council adopted a new Code of Conduct Bylaw on Monday.

Following a series of amendments at their regular meeting, council passed second and third reading of the bylaw, which includes a redesigned complaint and investigation process, a new independent Integrity Commissioner role, and more robust guidance pertaining to sanctions.

READ: Red Deer city council considers new Code of Conduct Bylaw

A Code of Conduct Bylaw is a written document that sets expectations for council members’ conduct and behaviour. All municipal councils are required by the Municipal Government Act (MGA) to have their own Bylaw. The City had a code of conduct policy even before the first Code of Conduct Bylaw was adopted by council in 2018.

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Under the new bylaw, council will appoint and retain an Ethics Advisor/ Integrity Commissioner, preferably from a law firm, who will give proactive guidance to councillors seeking ethics advice and will investigate all formal code of conduct complaints when necessary, removing the mayor and councillors from the initial intake process.

The City anticipates the Ethics Advisor/ Integrity Commissioner will be retained for a five-year term following a competitive process, which will begin immediately. They estimate annual costs could be around $105,000 but will learn more during this year’s budget deliberations.

The new bylaw also adds an informal complaint resolution process, addressing a long-standing concern councillors raised with the earlier bylaw that it did not allow sufficient room for face-to-face conversations regarding concerns about councillor conduct.

THE PUBLIC

Councillors debated the previous bylaw’s definition of “the public”, which allowed all members of the general public, including non-Red Deer residents, to file complaints.

Under the new bylaw, the definition was restricted to those who reside, own land or a business, or work in Red Deer, a member of council, a City employee, or a person who has witnessed what they believe is a contravention of the bylaw by a councillor while they were acting in their official capacity in any city.

The former bylaw also allowed names of complainants to remain anonymous. However, under the new bylaw, a complainant’s name may be released publicly if the complaint proceeds to the investigative report stage, unless for specific reasons such a protective safety, for example.

OTHER

Under the new bylaw, the redesigned complaint process includes:

• The addition of timelines to ensure complaints are managed in a timely and fair manner.
• A requirement that complaints be brought within 90 days of the alleged inappropriate conduct.
• Inclusion of a blackout period, meaning complaints cannot be processed within 90 days of a municipal election.
• Clarity around factors for consideration when city council is determining potential sanctions.

The City says the new Code of Conduct Bylaw draws from municipal best practices and incorporates feedback from council that was collected over the duration of their term so far. Under the MGA, the Bylaws must be reviewed and updated with each new term of Council.

“Approval of City Council’s Code of Conduct Bylaw enables improved processes, greater transparency and accountability to each other, our organization, and our community,” said Mayor Ken Johnston. “This bylaw enables accountability and clarifies expectations of elected members of city council. The updated Code of Conduct clarifies the responsibilities involved in the investigation process and ensures we are as effective and efficient as possible.”

The bylaw will take effect December 1, 2023.