Code of Conduct

• What is the Code of Conduct?
• What the Code Covers
• Who does the Code of Conduct Apply To?
• Who is the Integrity Commissioner?
• What is the process if I think someone is in breach of the Code?
• Further Information.

 
What is the Code of Conduct?

The Code of Conduct reinforces the City of Kitchener’s Accountability and Transparency Policy and other relevant legislation within which all members of Council, local boards and advisory committees must operate.
The key principles that underline the Code of Conduct are as follows:

• all members to whom this Code of Conduct applies shall serve in a conscientious and diligent manner;
• members shall be committed to performing their functions with integrity and to avoid using their office to apply improper influence and, conflicts of interest, both real and apparent;
• members are expected to perform their duties in a manner that promotes public confidence and will bear close public scrutiny;
• members are responsible for making honest statements and no member shall make a statement when they know that statement is false, or with the intent to mislead other members or the public; and,
• members shall seek to serve the public interest by upholding both the letter and the spirit of the laws and policies established by the Federal Parliament, Ontario Legislature, and Kitchener City Council.

What the Code Covers

The Code of Conduct provides rules and lists prohibitions respecting: business relations, conduct at meetings, conduct of a political nature, conduct respecting staff, conduct respecting representing the City, protection of confidential information, discreditable conduct, employment of relatives, failure to adhere to Council policies and procedures, receipt of gifts and benefits, and use of City property.

Click here to download the Code of Conduct

Who does the Code of Conduct Apply To?

The Code of Conduct applies to:

• City Council
• The Board Members of the Downtown Kitchener and Belmont Business Improvement Areas
• Members of Advisory Committees to City Council (Appendix ‘A’ of the Code)
• Board Members of Kitchener Housing

Who is the Integrity Commissioner?

The Integrity Commissioner is an appointed position under the authority of the Municipal Act. In June 2009, City Council appointed Mr. Greg Levine as the City’s Integrity Commissioner. Mr. Levine is responsible for investigating formal complaints that a member subject to the Code of Conduct is in breach of the Code.

What is the process if I think someone is in breach of the Code?

If you believe that a member subject to the Code of Conduct has breached the Code or is in non-compliance, there are two options you can take.

Informal:

• Advise the member that their behaviour or activity appears to contravene the Code of Conduct;
• Encourage the member to stop the prohibited behaviour or activity;
• Keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information;
• If applicable, confirm to the member that you are satisfied with the response you received; or advise the member of your dissatisfaction with the response;
• Consider the need to pursue the matter in accordance with the formal complaint procedure, or in accordance with another applicable judicial or quasi-judicial process or complaint procedure.

Formal:
If the informal approach in your opinion has not worked or if you are uncomfortable with that approach, you may make a formal request for an investigation.

• The request must be in writing using the form attached to the Code, click here to download the form .
• Set out reasonable and probable grounds for the allegation including evidence in support of the complaint
• File the signed and sworn form with the City Clerk by mail or in person at:

The Office of the City Clerk
2nd Floor City Hall
200 King Street W.
P.O. Box 1118
Kitchener, ON  N2G 4G7

The Clerk will forward the complaint to the Integrity Commissioner who then determines if the complaint is within their jurisdiction. If it is a bone fide complaint within the context of the Code of Conduct, the Commissioner will begin a formal investigation as outlined in the Code. If it is not under the jurisdiction of the Commissioner,  the complainant will be advised that it falls under another jurisdiction or legislation and be provided with other options for further review. The Commissioner can also determine that the complaint is frivolous and/or vexatious and advise the Clerk accordingly and no investigation will be held.

Once the Integrity Commissioner has completed his investigation, he will report to Council on the outcome and if necessary, make recommendations regarding corrective action(s) in accordance with Section 223.3 of the Municipal Act.

Please read the Code of Conduct for details on the investigation and reporting process.

• Click here to download the Code of Conduct
• Click here to download the complaint form

For further information regarding the Code of Conduct and related procedures, please contact the City Clerk