(Pending Approval by City Manager)
Code of Ethics and Conduct Policy
Purpose__________________________________________
The purpose of this policy is to:
1.
2.
3.
To avoid conflicts of interest and the perception that members may be
biased.
To maintain the integrity and impartiality of the Commission.
To protect the individual rights of Members as normal citizens.
This code is additional to any requirements at law and does not excuse any
member from complying with any common law or statute law.
Definitions________________________________________
1.
In this policy, the following terms mean:
a.
“conflict of interest” is presumed to exist if:
i.
the decision might monetarily affect
A.
B.
C.
D.
ii.
b.
the member,
the member’s family,
the member’s current employer or client or business
associate, or
a previous employer or client or business associate of
the member, where the employment or client
relationship existed during the previous 12 months; or
the member has a strong personal connection with the
speaker.
“family” means a member’s spouse, the member’s children, the
parents of the member, and the parents of the member’s spouse;
c.
“member” means a person appointed to the Edmonton Vehicle for
Hire Commission,
d.
“spouse” includes a party to a relationship who are living together
Edmonton Vehicle For Hire Commission
12-Mar-2008
(Pending Approval by City Manager)
on a bona fide domestic basis, and does not include a spouse who
is living apart from the other spouse if the spouses have separated
pursuant to a written separation agreement or if their support
obligation and family property have been dealt with a court order,
Other terms have the same meaning as given in the Municipal Government Act,
the Vehicle for Hire Commission Bylaw, and the Vehicle for Hire Bylaw.
Basic Principles
2.
A member must be independent, impartial, and responsible to City Council
and citizens.
3.
To maintain public confidence in the integrity of the Commission,
members must not use their positions for personal advantage.
4.
Each member will abide by all the requirements of
a.
the relevant provisions of the Municipal Government Act, and
relevant regulations under the Act,
b.
the Vehicle for Hire Commission Bylaw, the Vehicle for Hire Bylaw
and the Regulations,
c.
this Code of Ethics and Conduct, and
d.
all relevant policies of Council.
Fairness
5.
Each member shall prior to, during, or following a meeting
a.
b.
c.
d.
be courteous, professional, fair and unbiased,
contribute to the preservation of order and decorum in a meeting,
avoid sarcasm, derogatory comments, questions, or comments,
designed to embarrass, and
be respectful of the rulings and direction of the Chair.
6.
Each member must ensure that all persons who appear before them and
make representations are
a.
b.
c.
treated fairly,
dealt with in good faith,
dealt with without bias, and
Edmonton Vehicle For Hire Commission
12-Mar-2008
(Pending Approval by City Manager)
d.
given an adequate opportunity to state their position.
Conflict of Interest
7.
A member must not accept any fee, gift or other benefit that is connected
directly or indirectly with the performance of the member’s duties of office, other
than remuneration from the City for performance of the member’s duties as a
member.
8.
In the event that a member perceives he/she has a conflict of interest or
bias, the member shall:
a.
fully disclose the conflict of interest or bias;
b.
be absent from the portion of any meeting while the matter is dealt
with;
c.
refrain from making, seconding or voting upon any motion with
respect to the matter.
9.
The Member’s absence from the meeting and voting will be noted in the
minutes.
10.
It is recognized that Members are part of the general community and that
matters may come before the Commission which affect the general
community. A member does not have a conflict of interest by reason only
of being part of the general community.
11.
If a person objects to the participation of a member in a matter on the
grounds that the member has an actual bias or reasonably appears to be
biased, or is in a conflict of interest, the Chair will determine whether
a.
b.
12.
to proceed with the matter subject to the objection, or
to require the member to withdraw from the matter.
If a party objects to the participation of the Chair in a hearing on the
grounds that the Chair has an actual bias or reasonably appears to be
biased, or is in a conflict of interest, one of the other members (as chosen
by the other members in the absence of the Chair) will decide whether
a.
b.
to proceed with the matter subject to the objection, or
to require the Chair to withdraw from the matter.
Edmonton Vehicle For Hire Commission
12-Mar-2008
(Pending Approval by City Manager)
If the Chair withdraws, the Vice-Chair will be the Chair.
Confidentiality
13.
Each member shall retain in confidence any information presented to the
Commission in connection with any matter.
Process for dealing with allegations of conduct or ethical breaches
14.
Allegations of conduct or ethical breaches may be made by another
member, the Administration, a Vice-Chair or the Chair.
15.
All allegations of breaches must be submitted to the Chair.
16.
Allegations about the conduct of the Chair must be submitted to the Chief
Licence Officer.
17.
The Chair or the Chief Licence Officer, at his/her discretion, may require
the complaint be made in writing.
18.
The Chair or the Chief Licence Officer (as appropriate) will talk to the
member against whom the allegations is made and to any other persons
who can assist in determining what occurred. Resolution of the
allegations should occur in a timely manner.
19.
The Chair must notify the Chief Licence Officer of allegations of breaches
and consult with the Chief Licence Officer regarding their resolution.
20.
Where it is clear that a breach has been committed by the Chair, the Chief
Licence Officer may consult with the Vice-Chair regarding the resolution of
the breach.
21.
Where a breach exists, consequences may include:
a.
b.
c.
d.
reporting the breach as part of the annual evaluation process;
a reprimand;
a recommendation that the member not be reappointed as a
member or Chair;
an application to Council to immediately terminate the person’s
appointment.
Edmonton Vehicle For Hire Commission
12-Mar-2008
(Pending Approval by City Manager)
22.
Where the breach is serious or the member has committed previous
breaches, the Chair may choose to immediately make application to
Council to terminate the member’s appointment.
23.
All allegations and their resolution will be documented by the Chair, or in
the case of a breach by the Chair, the Chief Licence Officer. Where the
breach is found to exist, it shall form part of the evaluation of the
member.
24.
If the member or Chair does not agree that the conduct occurred or that it
was a breach, the member is entitled to note this on their annual
evaluation form.
Approved by:
Date:
Edmonton Vehicle for Hire Commission (Formerly the
Edmonton Taxi Cab Commission)
March 12, 2008
Edmonton Vehicle For Hire Commission
12-Mar-2008
(Pending Approval by City Manager)
Code of Ethics and Conduct for the Vehicle for Hire Commission*
The proper operation of democratic local government requires that persons
appointed by Edmonton City Council to its boards, agencies and committees be
independent, impartial and duly responsible through Council to the people of
Edmonton.
Accordingly, it is the purpose of this Code of Ethics and Conduct to outline
certain basic rules for persons appointed to the Vehicle for Hire Commission so
that they may carry out their entrusted duties with impartiality and dignity,
recognizing that the function of the Vehicle for Hire Commission members is, at
all times, service to their community and the public.
To further these objectives, certain ethical principles should govern the conduct
of persons appointed to the Vehicle for Hire Commission in order that they shall
maintain the highest standards in public office and faithfully discharge their
duties.
Persons appointed to the Edmonton Vehicle for Hire Commission shall:
1.
2.
3.
4.
5.
6.
7.
Govern their conduct in accordance with the requirements and obligations
set out in the Municipal Government Act, the Vehicle for Hire Commission
Bylaw, the Vehicle for Hire Bylaw, and policies of the City of Edmonton;
Not use confidential information for the personal profit of themselves or
any other person;
Not communicate confidential information to anyone not entitled to
receive it;
Not use their position to secure special privileges, favours, or exemptions
for themselves or any other person;
Disclose the general nature of any pecuniary (financial) interest in any
matter coming before the Vehicle for Hire Commission, if that interest is
not a common interest held by other members of the Commission, and
abstain from any discussion or voting on the issue;
Preserve the integrity and impartiality of the Vehicle for Hire Commission;
For a period of twelve months after leaving the Vehicle for Hire
Commission, abide by the ethical standards of conduct listed above,
except those related to confidential information which shall apply in
perpetuity.
Edmonton Vehicle For Hire Commission
12-Mar-2008
(Pending Approval by City Manager)
Persons appointed to the Edmonton Vehicle for Hire Commission should not
assume that any unethical activities not covered by or specifically prohibited by
this Code of Ethics and Conduct, or by any legislation, are therefore condoned.
If in doubt about actions they may be contemplating, members of the Vehicle for
Hire Commission are encouraged to seek advice from the Chair of the
Commission or from the Office of the City Clerk or the lawyer for the
Commission.
Members of the Edmonton Vehicle for Hire Commission agree to uphold the
intent of these guidelines and to govern their actions accordingly.
Adopted by resolution this 12th day of March, 2008.
______________________
Chair of the Vehicle for Hire Commission
(formerly the Edmonton Taxi Cab Commission)
* Based on the document “Ethical Guidelines for Members of Council” from the Alberta Urban Municipalities
Association.
Edmonton Vehicle For Hire Commission
12-Mar-2008