Rule No. 1
General
a) Members of Council shall
avoid the improper use of the influence of their office, and conflicts of
interest, both apparent and real. Members of Council shall not extend, in their
discharge of their official duties, preferential treatment to family members,
organizations or groups in which they or their family member have a pecuniary
interest.
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Commentary
As a result, Members of Council will have a common
understanding that they will not participate in activities that grant, or
appear to grant, any special consideration, treatment, or advantage to an
individual which is not available to every other individual;
(Paragraph deleted as per Resolution C173-2022 / CW261-2022)
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b) Members of Council shall avoid any interest
in any contract made by him/her in his/her official capacity and shall not
contract with the City or any agency thereof for the sale and purchase of
supplies, material or equipment or for the rental thereof.
c)
Members of Council shall not
engage in the management of a business carried on by a corporation nor profit
directly or indirectly from a business, including but not limited to a
corporation, that does business or has contracted with the City of Brampton, or
hold an office or directorship, unless holding the office or directorship is in
a social club, religious organization, other charitable organization or corporations with shares
directly or indirectly held by the municipality.
d)
Approved exceptions
A Member of Council may engage in an activity prohibited by
clause 1(c) if the following conditions are met:
1.
The Member has disclosed all material facts to the Integrity Commissioner.
2.
The Integrity Commissioner is satisfied that the activity, as carried on in the
specified manner, did not create a conflict between the Member’s private
interest and public duty.
3.
The Integrity Commissioner has given the Member his or her approval and has
specified the manner in which the Member of Council may remedy the situation.
4.
The Member remedies the situation in the manner specified by the Integrity
Commissioner
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Commentary
Members of Council must
adhere to the City’s purchasing policies and pay careful attention to the
Councillors’ expense policies.
Examples of exceptions include, hospital boards and other
not-for-profit organizations and charities.
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Commentary
Members of Council
shall not participate in activities that grant, or appear to grant, any
special consideration, treatment, or advantage to an individual which is not
available to every other individual member of the public.
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e) Members of Council 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 the City Council.
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Commentary
A number of the provisions of this Code incorporate
policies, procedures and provisions adopted by Council and contained in
various statutes. The provisions of this Code
are intended to be applied in concert with existing legislation and go
beyond the minimum standards of behaviour.
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f) Members of Council shall
fulfill their roles as set out in the Municipal Act and respect the role of
staff in the administration of the business affairs of the City.
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Commentary
Members of Council recognize that the decision-making
authority for the municipality lies with Council, not an individual
Councillor and that it is the role of the officers and employees of the
municipality to implement council’s decisions and establish administrative
practices and procedures to carry out council’s decisions. Members of Council
recognize and respect the role of City staff and affirm that only Council as
a whole has the capacity to direct staff members. Council as a whole must be
able to access information, on a need to know basis, in order to fulfill its decision-making duties and oversight
responsibilities. Individual Members
also recognize that the information that they receive as members of the
decision-making body of Council is
subject to the confidentiality and disclosure rules of Provincial and Federal
statutes and City of Brampton bylaws. (See Rule No. 3 on Confidential
Information and Rule No. 16 on Conduct Respecting Staff).
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