Council & Ethics · Bylaw 80-2022

Gifts, conflicts of interest, confidentiality: the rules Ormstown's municipal staff must follow

Bylaw 80-2022, in force since May 4, 2022, is the code of ethics and conduct for the town's employees. A breach can lead to a sanction, from a verbal notice up to dismissal.

The Ormstown Observer · Bylaws & Regulations Explainer

Key takeaway

Why this bylaw exists

The Loi sur l'éthique et la déontologie en matière municipale (chapter E-15.1.0.1) requires municipalities to adopt a code of ethics and conduct for their employees, and Bill 49, assented to November 5, 2021, required the code to be revised by May 5, 2022 (preamble).

Notice of motion was given and the draft tabled April 4, 2022, with public notice of the draft April 5. Council adopted the bylaw on May 2, 2022, unanimously among the members present. Public notice of adoption was given May 4, 2022, the date the cover page gives for entry into force; article 15 says the bylaw takes effect on the day of its publication. It replaces and repeals any earlier code adopted by the municipality, without naming one (art. 14).

Who it covers

Managers and employees, plus volunteers and council members who sit on municipal committees, such as the planning advisory committee (CCU) (art. 4).

Conflicts of interest and gifts

Employees may not favour their personal interests in their work (art. 7.3.1), or accept any gift or benefit, whatever its value, that could influence their judgment (art. 7.3.4).

An employee who believes they are, or may be, in a conflict of interest must inform their immediate supervisor; ultimately, the director general tells them how to act. Staff must also (art. 7.4):

Information and resources

No one covered by the code may use or communicate confidential or personal information learned through their work, or consult it unless their duties require it (art. 12). Municipal resources may not be used for personal purposes, subject to any specific policy on their use (art. 11).

After leaving the job

Staff who took part directly in a tender process or awarded contracts may not, for one year after leaving, hold a decision-making, contract-negotiation or representation role with a bidder or supplier of the municipality (art. 7.4). In the 12 months after the end of their mandate (fin de leur mandat), the director general, treasurer, clerk, their deputies and any other senior employee designated by council may not take a job or a director's or officer's post that lets them or anyone else draw an undue advantage from their former duties (art. 8 b).

Sanctions

Managers report breaches to the director general (art. 8 a). The municipality decides the sanction, in compliance with any employment contract (art. 13), in proportion to the seriousness of the breach and the person's degree of responsibility (art. 13.1): a verbal notice, a written notice, a reprimand, a suspension without pay, or dismissal (art. 13.2). The code sets no fines.

What this means for residents

Municipal employees may not accept gifts, hospitality or other benefits offered by a supplier (art. 7.3.5), and must report a possible conflict of interest to their immediate supervisor (art. 7.4).

Sources

This explainer summarizes the bylaw in plain language. The French text is the official version; check it, or ask the municipality, before relying on any detail.

This bylaw explainer is presented as a courtesy of The Ormstown Observer in the interest of promoting a better understanding of the rules and regulations that govern the community. The content presented in Bylaw Explainers is provided for educational and informational purposes only and does not constitute legal advice, legal opinion, or a substitute for professional legal counsel.