THE CORPORATION OF THE TOWNSHIP OF LAIRD
By-law Number 2048-25
BEING A BY-LAW TO ADOPT A COUNCIL STAFF RELATIONS POLICY
WHEREAS Bill 68, known as the Modernizing Ontario’s Municipal Legislation Act, 2017 amends several Acts including the Municipal Act, 2001;
and
WHEREAS as a result of the passing of the Modernizing Ontario’s Municipal Legislation Act, 2017, Section 207 (1) of the Municipal Act, 2001, requires municipalities to adopt and maintain a policy with respect to the relationship between members of council and the officers and employees of the municipality;
and,
WHEREAS Council of the Corporation of the Township of Laird deems it expedient to adopt the aforementioned policy;
NOW THEREFORE the Council of the Corporation of the Township of Laird enacts as follows:
- The “Council Staff Relations Policy” is hereby adopted as set out in Schedule “A” attached hereto and forming part of this By-law.
- This By-law may be known as the “Council Staff Relations Policy”.
- This By-law shall take force and effect upon the passage hereof.
Page 1
Schedule “A”
To By-Law #2048-25
The Corporation of the Township of Laird
Council Staff Relations Policy
1.0 Policy Statement:
The Corporation of the Township of Laird (“Township”) will promote a respectful and harassment-free relationship and workplace for and between members of Council and the officers and employees of the corporation. To accomplish this, Council and staff are guided by the Code of Conduct of Members of Council, the Code of Conduct of Municipal Employees and volunteers, the Term Plan, the Violence and Harassment in the Workplace Policy and the Procedural By-law, as well as other relevant policies, regulations and statutes.
2.0 Purpose:
It is essential that the relationship between Council and Staff is one of cooperation and support underpinned by a clear understanding of each other’s respective roles and responsibilities. Section 270 of the Municipal Act, 2001, requires Councils to adopt and maintain a policy with respect to the relationship between Members of Council and the officers and employees of the corporation. This Council Staff Relations Policy identifies the legislation, policies, procedures and practices that the Township complies with in order to promote a respectful, tolerant, harassment-free relationship and workplace for and between Members of Council, officers and employees of the Township. This policy further affirms that all members of Council are “equal” and act as a Council, not as individuals when directing staff.
3.0 Scope:
This policy applies to all Members of Council, officers and employees of the corporation. This policy is not intended to restrict any member of Council from speaking to staff about issues or seeking information, but rather to ensure that such interactions are carried out in an effective, controlled and respectful way, in keeping with Council and Staff’s respective responsibilities and delegated authority, and more specifically as set out herein.
4.0 Responsibility:
Members of Council, officers and employees of the corporation are required to adhere to this policy and related policies as list herein. It is also imperative that Members of Council, officers and staff of the corporation embrace the following principles:
- There must be a collective understanding of the importance of, and difference between, the political/representative role and the administrative/operational management role necessary for the provision of efficient, responsible, transparent and accountable municipal government; and
- There is an absolute need for mutual trust and respect between all parties for effective execution of their respective roles.
5.0 Application
The relationship between Members of Council and the officers and employees of the corporation is informed in part by the statutory roles of Council and Staff as set out in the Municipal Act, 2001. Municipalities also receive responsibilities and powers from over 100 provincial acts, municipal plans, policies, and by-laws; including but not limited to the following:
5.1 Municipal Act, 2001
The Municipal Act, 2001 establishes the primary legislative framework or municipalities. It sets out the roles and responsibilities of members of Council, key staff and the Clerk. The Municipal Act, 2001, contains no reference to the position of “Councillor”; thereby reinforcing that is only Council acting as a whole that have authority to instruct staff and make decisions on behalf of its constituents.
The Municipal Act, 2001 and other legislation include provisions pertaining to openness and transparency in municipal decision making and service delivery. In terms of maintaining proper accountability and ensuring good service delivery council and staff must appreciate their separate roles and responsibilities. The success of the municipality depends on these groups working together, as a team, for the benefit of the community.
5.2 Term Plan
A Term Plan is an important part of municipal governance. Council adopted a Term Plan clearly setting out the strategic goals and priorities. The Term Plan sets priorities and by extension it also determines what are not Council priorities.
5.3 Council Code of Conduct
The Council Code of Conduct outlines the ethical standards for the behaviour of Council Members. The Council Code of Conduct guides Council to work diligently at creating a positive working relationship between Council and staff founded upon and environment of mutual respect, trust and acceptance of different roles.
The Code of Conduct contains specific guidance to Council with respect to the following:
- Transparency and Accountability
- Ethical Standards
- • Use of Information
- Relations with employees and other members of Council
- • The Role of Council as it relates to the Code
Members of Council are required to familiarize themselves with the Code of Conduct and follow it.
5.4 Employee Code of Conduct
The Employee Code of Conduct outlines the manner in which employees shall conduct themselves. Employees are expected to project a positive professional image at all times. Employees are further expected treat everyone fairly, with respect and dignity.
The Code of Conduct contains specific guidance to Employees with respect to the following:
- • Honesty and Respect
- • Behaviour and Professionalism
- • Confidential and Personal Information
- • Professional Conduct
Employees are required to familiarize themselves with the Code of Conduct and follow it.
5.5 Workplace Bullying, Harassment, Sexual Harassment and Violence Prevention Policy
The Workplace Bullying, Harassment, Sexual Harassment and Violence Prevention Policy (“Violence and Harassment Policy”) recognizes that violence in the workplace is an occupational health and safety hazard. Furthermore, the Township recognizes that physical and emotional harm can result from violence in the workplace and any form of violence in the work place is unacceptable. Therefore, the Township is committed to maintaining a zero-tolerance policy towards violence in the workplace and encourages employees and members of Council to take affirmative steps to identify and address potentially violent situations.
The Violence and Harassment Policy recognizes that the Township is committed to providing and maintaining a work environment that is based on respect for the dignity and rights of everyone in the organization. It is the Township’s goal to provide a healthy, safe, and productive workplace based upon mutual respect and free from any form of harassment or discrimination. In pursuit of this goal, the Township does not condone and will not tolerate acts of harassment or discrimination against or by a Township employee or Member of Council. This Policy prohibits workplace harassment under any of the categories defined in the Occupational Health and Safety Act, the Ontario Human Rights Code and/or Canadian Human Rights Act.
5.6 Procedural By-law
The Procedural By-law establishes rules and procedures for Council and Committee meetings, including the calling of meetings, the types of meetings that can be held, and the procedures for voting. Council decisions must be implemented through the passing of resolutions and/or by-laws at a duly called meeting of Council, and the Municipal Act, 2001 requires that minutes be recorded without note or comment.
The Procedural By-law specifically states that “No person shall: use indecent, offensive or insulting language in or against the Council or any Councillor thereof, and/or any other person.”
6.0 Roles
6.1 Role Clarification
Role clarification is fundamental to creating a successful working relationship between members of Council and staff. Clearly defined roles distinguishing between the concepts of ‘governance’ and ‘management’ are critical. Council sets the policy direction for the municipality, and staff provides the research and expert advice to help Council in their decision-making process.
The staff, through the Clerk Administrator, receive direction from and are responsible to the whole of Council. Staff shall not be directed by or be responsible to any individual member of the Council who may be acting independent of Council.
Council further recognizes the role of Township staff, through the Clerk Administrator, to discharge their duties and to offer professional recommendations and advice to Council free of undue influence. More specifically, the Modernizing Ontario’s Legislation Act, 2017, prohibits members from using his or her office to attempt to influence any decision or recommendation being considered by employees and persons who are acting on delegated authority from Council. As such, Council will receive the professional recommendations and advice from staff and direct the Clerk Administrator to implement Council’s decisions in an open and transparent manner, free of negativity, criticism or reprisals. The following roles and principles guide Council and staff throughout their daily interactions:
6.2 Role of Council
- a) To conduct themselves in an ethical, respectful and professional manner at all times;
- b) To effectively and responsibly govern the municipality in a transparent and accountable manner;
- c) To set and clearly articulate strategic goals and objectives for the municipality through consultation with the appropriate members of staff and where applicable, community stakeholders;
- d) To render decisions regarding matters of service level delivery and corporate policy through consultation with the appropriate members of staff and, where applicable, community stakeholders;
- e) To receive the professional recommendations and advice from staff and direct the Clerk Administrator to implement Council’s decisions in an open and transparent manner, free from negativity, criticism or reprisals;
- f) To keep staff informed, to be open to discussion and to seek clarification as required; and
- g) To refrain from engaging in matters pertaining to the administrative or managerial role in the day-to-day operations of the municipality.
6.3 Role of Staff
- a) To conduct themselves in an ethical, respectful and professional manner at all times;
- b) To provide timely, well researched, accurate reports to Council based professional expertise and judgment to assist in the decision-making process;
- c) To effectively implement all decisions and directions received from Council in a timely and professional manner;
- d) To manage and identify the means for achieving corporate goals and objectives as set by Council;
- e) To develop and implement administrative policies and procedures to ensure the effective, efficient, transparent and accountable management and operation of the municipality;
- f) To manage and identify effective means for achieving corporate goals;
- g) To ensure that members of Council are kept up-to-date and informed; to be open to discussion; and to seek clarification as required; and
- h) To refrain from engaging in, or assuming, a political role within the discharging of their assigned duties.
6.4 Guiding Principles
- a) Members of Council and staff shall treat each other with respect and professionalism at all times;
- b) Members of Council and staff shall demonstrate integrity and leadership at all times in the discharging of their respective duties;
- c) The provision of advice and guidance by staff and the rendering of decisions by Council should be based on complete and accurate information for the betterment of the community as a whole;
- d) The Clerk Administrator is responsible for the overall administrative and management of the Township operations and the performance and, where required, the discipline of staff;
- e) Staff shall not be targets of negative or derogatory behavior or conduct on the part of members of Council;
- f) Staff shall refrain from making derogatory or negative comments regarding members of Council and/or Committees of Council;
- g) Council shall not permit staff to be subjected to negative or derogatory behavior or conduct by other members of Council, members of the public or individuals conducting business with the Township;
- h) Complaints or inquiries received by a member(s) of Council about Township operations shall be first referred to the Clerk Administrator, or Department Head for review who shall update the member(s) of Council concerning the findings or outcome of the complaint or inquiry; and
- i) Complaints received by a member(s) of Council about Township staff require a proper, fair and through investigation. Such complaints shall be treated with strict confidentiality and shall be immediately referred to the Clerk Administrator for investigation. The Clerk Administrator will report confirmed matters of serious misconduct to Council where appropriate in closed session only.
7.0 Violations
When a violation of the Code(s) of Conduct or this policy is suspected or is alleged, a complaint should be submitted in a timely manner in writing:
- In the case of an Employee of the Clerk Administrator
- In the case of the Clerk Administrator to Council as a whole
- In the case of Members of Council to the Integrity Commissioner c/o the Clerk Administrator.
Where there is a discrepancy between the Council Staff Relations Policy and the Code of Conduct the Members of Council or the Employees Code of Conduct, the language of the Code(s) prevails.
8.0 Definitions
- “Clerk” or “Clerk Administrator” means the person appointed as the Clerk, or a person appointed as a Deputy Clerk, within the meaning of the Municipal Act 2001, S.O. 2001, c. 25, and referred to herein as Clerk.
- “Code of Conduct for Municipal Employees and Staff” means the Code of Conduct applicable to employees, contractors and volunteers of the Township of Laird, an may be referred to in the “Employee Code of Conduct”.
- “Council” means the Council of the Corporation of the Township of Laird.
- “Council Code of Conduct” means the Code of Conduct applicable to members of Council and Local Board Members adopted in accordance with the requirements of the Municipal Act 2001, S.O. 2001, с. 25.
- “Employee” means any person employed by, under contract or acting as a volunteer, for the Township of Laird.
- “Integrity Commissioner” means the person appointed as the Township’s Integrity Commissioner by Council in accordance with the provisions of the Municipal Act 2001, S.O. 2001, c. 25.
- “Member” means a member of Council or a Committee of Council.
- “Township” means the Corporation of the Township of Laird and is referred to herein as “Township”, “Corporation” or “Municipality”.
9.0 Related Documents
The Council Staff Relations Policy operates along with and as a supplement to the existing plans, policies, by-laws and legislation governing the relationship between Council and staff as follows;
- Municipal Act, 2001
- Municipal Conflict of Interest Act
- Term Plan
- • Council and Employee Code(s) of Conduct
- • Workplace Bullying, Harassment, Sexual Harassment and Violence Prevention Policy
- Delegation of Authority By-law
- Clerk Appointment By-law
- • Procedure By-law
Page 9
Schedule “A”
To By-Law #2048-25
Council Staff Relations Policy
Notice of Concern or Complaint
Regarding a Member of Council, Officer or Employee of the Township of Laird
Please submit this form to the Township of Laird, 3 Pumpkin Point Road West, Echo Bay, ON POS 1C0, clearly marked CONFIDENTIAL to the individuals noted:
- a) In a matter pertaining to an employee other than the Clerk Administrator to: Clerk Administrator
- b) In a matter pertaining to the Clerk Administrator to: Council c/o Mayor
- c) In a matter pertaining to a member of Council or Committee to: Integrity Commissioner c/o Clerk Administrator
Nature of concern/complaint (use additional paper as needed):
| Print Name: | Signature: |
| Mailing Address: | |
| E-mail: | |
| Date: | Tel: |