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Banff proposing formal code of conduct legislation

“The merits of a panel or the drawbacks of a panel in my mind need to be determined by a council at the time when a formal complaint has to be addressed."
Banff Town Hall 2
Banff Town Hall

BANFF – A formal complaint levelled against a mayor or councillor could land in the hands of a third party investigator or a council panel under a proposed new council code of conduct bylaw for Banff.

Individuals are encouraged to go through an informal complaint first and foremost, but if the matter can’t be resolved, the new code of conduct bylaw gives options for how to proceed. 

The bylaw, which is a mandatory provincial requirement for all municipalities, sets out a system that addresses who may make a complaint, how a complaint is made and the process used to determine the validity of the accusation.

Councillor Chip Olver said she prefers the idea of a third party investigator to deal with a formal complaint, noting the Town of Canmore appoints an investigator, not a sub-committee of peers when dealing with a formal code of conduct issue.

“Sometimes I think members of the public might perceive that you’re watching each others’ backs and that you’re not giving the public a fair chance to be heard,” said Councillor Olver at a recent governance and finance committee meeting.

“Not that I think we would do that, but I think it could be perceived as that, and if there’s an independent investigator then that question can’t be raised. I prefer an independent investigator be the method that is used.”

Coun. Olver also believes a third party investigator would have more expertise.

“There’s skills that an investigator has that we shouldn’t presume that individual councillors have in terms of their thoroughness and background and training in investigations and writing reports,” she said.

Councillor Peter Poole sees the merits of both a panel and third party investigator.

He said he doesn’t believe the capabilities or skills of future councillors should be precluded, and added that the thought of a councillor sitting on the panel being biased in favour of a council colleague could go both ways.

“They could be biased given the nature of electoral cohorts, but they could also be biased against a member,” Coun. Poole said.

“The merits of a panel, or the drawbacks of a panel, in my mind need to be determined by a council at the time when a formal complaint has to be addressed,” he added.

“I’d like to give the flexibility to the council, just as we have been given the flexibility to have an informal process as well as a formal process.”

The proposed code of conduct bylaw covers several areas including conflicts of interest, confidential information, improper use of influence, use of municipal assets and services, and adherence to policies, procedures and bylaws among others. 

Under the proposal, council may appoint a panel of up to three members, who are not implicated in the complaint, to review the accusation or may choose to appoint a third party as the investigator.

Should a panel be appointed, the panel may review the contents of the complaint to determine the need for an investigation and may act as the investigator, or choose to appoint a third party as the investigator.

Libbey McDougall, the Town of Banff’s municipal clerk, said the intent of this section of the bylaw is to provide flexibility on how to proceed with a complaint, but with the hope an informal complaint is the first route taken.

“There are going to be quite a few instances where people are not comfortable addressing an individual directly and may want to go through a formal complaint process, but the complaint itself may not be terribly adverse to the bylaw,” she said.

“It might not necessarily need a third party investigator; it might be something council could handle on their own. That was the intention of giving council some flexibility on how they decide they want to proceed when a complaint is filed.”

Under the proposed code of conduct bylaw, all reports from the investigator to council are strictly confidential and shall be considered by council during a closed meeting.

These reports would be made available to the public only if council determines it is necessary to discuss the matter in a public council meeting.

The proposed new bylaw also sets out the sanctions that can be imposed for breaching the code of conduct, however, it is clear that a councillor or mayor cannot be removed from public office under the bylaw.

Sanctions could include mandatory training, a letter of reprimand, request for a letter of apology, publication of a letter of reprimand or request for apology and the member’s response.

Others include suspension or removal from some or all council committees and bodies, reduction or suspension of remuneration corresponding to a reduction in duties, excluding allowances for attendance at council meetings. 

Further consequences include suspension or removal of the appointment of a member as the deputy mayor or acting mayor, and suspension or removal of the mayor’s presiding duties.

“We do actually vote in an individual to act as mayor, so we cannot take that right away from them,” said McDougall.

“We can certainly limit some of their powers, but we cannot take that role away from them.”

Nothing in this proposed bylaw, however, actually requires council to impose a sanction for any complaint or contravention.

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