Making a Code of Conduct Complaint
Generally, codes of conduct set out the values, rules, responsibilities, and expectations of those it applies to, and includes provisions that require professional and respectful behaviour, the appropriate use of public resources and assets, and provisions prohibiting bullying, discrimination, and harassment. Codes of conduct also typically contain a process for accepting, investigating, and ruling on complaints. A code of conduct usually also includes penalties that may be imposed on people who violate one or more of its provisions.
There are 3 types of Codes of Conduct that fall within the Local Governance Commission’s mandate:
- The Local Governance Act requires that every local government (city, town village and rural community) adopt a by-law containing a code of conduct that applies to all councillors.
- The Regional Service Delivery Act allows regional service commissions to adopt a by-law containing a code of conduct that applies to board members.
- The Minister has established a code of conduct for rural districts that applies to council members.
Disclaimer
Before the Local Governance Commission may accept a complaint for an alleged code of conduct or conflict of interest violation, a person must first make the complaint to the applicable public authority (local government, regional service commission or rural district) and the public authority must have concluded its own process and issued a decision on the matter.
Complaint Process
A person makes a complaint to the Local Governance Commission (LGC) alleging a code of conduct or conflict of interest violation.
Staff of the LGC will determine whether the person has already filed a complaint with their public authority (local government, regional service commission or rural district) and whether the public authority has made a final decision on the matter.
LGC staff will carry out an initial review of the complaint to ensure the allegations are made in good faith. If a complaint is not made in good faith, or is frivolous or vexatious, or is outside of the LGC’s mandate, the Chair of the LGC may dismiss the complaint without conducting an investigation.
LGC staff notifies the public authority that it has received a complaint and provide the public authority with the opportunity to respond to the complaint and provide the LGC with any relevant documents.
LGC staff will attempt to resolve the complaint informally through mediation or conciliation.
If a complaint is not resolved informally, LGC staff will investigate the complaint, which includes conducting interviews, and collecting and reviewing documents and other evidence.
LGC staff will prepare a report containing a recommendation to the commission members.
LGC staff will present the report and recommendation to the commission members.
The commission members will rule and may impose sanctions.
Make a Code of Conduct Complaint
- Do you believe a councillor has violated the code of conduct of a local government?
- Do you believe a member of a regional service commission has violated a code of conduct? or
- Do you believe a commit member of rural district has violated a code of conduct?
If so, would you like to file a complaint with the Local Governance Commission?
