MOUNTAIN VIEW CONTY - County council has given first reading to proposed changes to the municipality’s Council Code of Conduct bylaw, including a new provision allowing for progressive discipline against councillors in violation of the legislation.
The move also came by way of motion at the recent regularly scheduled council meeting.
Bylaw No. 7/18 Council Code of Conduct was originally passed in June 2018 in response to amendments to the provincial Municipal Government Act. Administration recently reviewed the bylaw and recommended a number of amendments.
“Administration is recommending amendments to the manner in which the complaint hearing process is managed to ensure that adequate and consistent direction is provided to those members sitting on the board and that the bylaw complies with mandatory requirements of the MGA, such as the councillor’s right to attend council meetings,” administration said in a briefing note to council.
Changes are proposed for several sections of the bylaw.
An amendment to the Improper Use of Influence section states, in part, that “Councillors shall refrain from any type of management of employees, including providing direction to an employees, advocating for the promotion, sanction or termination of an employee, or discussion on the performance of an employee except where it relates to the authority under the MGA that council, acting as a whole, has to enact, manage and evaluate the chief administrative officer.”
Among the amendments proposed to the complaint hearing process section states, “The complaint hearing board shall provide a report to council in closed section that outlines their findings as to whether the complaint, or a portion of the complaint, constitutes a breach of the bylaw. Further if the report finds that a breach did occur, the complaint hearing board shall include a recommended sanction for council’s consideration.”
Another proposed amendment to the section states, that, “If upon reviewing the complaint the complaint hearing board determines that there may be a potential breach of provincial or federal law, the complaint hearing board shall forward any relevant information to the appropriate authority.”
A third proposed amendment to the section states, “Council may, when determining an appropriate sanction, utilize the principles of progressive discipline by increasing the magnitude of the sanction based on past sanction history of the councillor or severity of the breach.”
