Council conduct complaint process now includes public

Residents can now launch complaints against the mayor and councillors after the stalled revamp of the city’s code of conduct bylaw passed third reading on Monday.

The move will see the city hire an integrity commissioner on a yet to be determined basis to adjudicate complaints previously only able to be launched by elected officials against each other.

By pushing forward with the changes to the bylaw on Monday, council pre-empted the March 1, 2025 launch date for the complaint process. Residents, property and business owners in the Hat can now launch complaints against elected members but they will be held in abeyance until an integrity commissioner is found.

Mayor Linnsie Clark thoroughly questioned staff over the changes and was ultimately the sole dissenting vote against moving immediately on passage of the amended bylaw. The main thrust of her objections was that the integrity commissioner should be involved in all matters involving complaints. The bylaw gives the city manager, clerk and solicitor involvement in the process.

“Anywhere the policy invites or authorizes administration to do something, I think that should be the integrity commissioner,” said Clark. “I think that would help prevent disruption or negative feelings if that was an external person doing it.”

But the mayor wasn’t the only one with questions.

 Coun. Hirsch commented a detailed definition of who speaks to council’s official position on matters may be required.

“This is a bylaw that will be followed by a great number of people and they almost want the literal interpretation of this,” said Hirsch, asking what happens when a committee chair is requested to comment on a matter.

While he said his intent was not to get into the fine details of the bylaw, he reiterated his concerns about who can say what and when.

City council meeting held on Monday Sept. 16, 2024.

“In fact, I usually stray away from that stuff. But because people outside of council – in fact, outside of administration – will be looking at this as their guidepost, I think it needs to be – as much as I hate to say it – we need to nail this down and not talk about the intent. Or, even talk about what we are trying to accomplish, that we do make sure the language is appropriate in here,” said Hirsch.  “Just because of the people who will be following or maybe wanting to utilize this bylaw as a vehicle in terms of making a concern.”

In response, the mayor and Coun. Andy McGrogan stated they believed the matter is covered off appropriately, noting the bylaw does not prevent councillors from discussing their opinions.

Councillors Shila Sharps and Cassi Hider supported the bylaw as is with Coun. Ramona Robins expressing some reservations but not enough to stall final passage of the amended bylaw.

The changes originally sought by council in November that would allow residents and staff to launch code of conduct complaints against the mayor and council saw administration’s first attempt rejected in June.

McGrogan expressed discomfort at that time with that initial attempt as it would put councillors in the position of judging their peers.

Coun. Darren Hirsch had concerns of the cost of hiring an outside adjudicator at the time as well.

Council will put aside $100,000 in next year’s budget to cover costs.

The search for an integrity commissioner will be centred around a yet to be launched request for proposal process.

This version of the article has been corrected to reflect the bylaw having a transitional period that will not allow for questionable conduct by elected members prior to Monday to be covered under the new provisions.