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HomeMy WebLinkAboutEthical Conduct Policy Cape Breton Regional Municipality Human Resources Policy Category: Workplace Standards Number: Date: December 2, 2009 Approved by Council: December 15, 2009 Ethical Conduct Policy SP : TATEMENT OF OLICY It is the policy of the Cape Breton Regional Municipality to establish high standards of ethical conduct to hold all members of CBRM staff accountable to abide by the CBRM Code of Ethics. Objectives 1) Promote high standards of professional conduct. 2) Provide guidelines for identifying potential conflicts of interest and breaches of trust or confidence. 3) Help ensure that municipal staff do not place themselves or permit themselves to be placed, in a position which would constitute a conflict of interest or breach of trust or confidence. Definitions: CBRM Assets – includes all properties and services of the CBRM including but not limited to: equipment, financial assets, land, vehicles, material, computers, electronic mail, internet services, information and work time. Conflict of Interest – arises whenever an employee’s personal or professional activities negatively impact the best interests of the CBRM or as a result of the individual’s employment a financial or personal benefit is obtained. Employee – includes an individual employed by the CBRM a personal services contract or sub- contract. Code of Ethics All CBRM employees are required to abide by the following Code of Ethics: 1) Authority: Employees must not exceed their authority, breach the law, or ask others to do so, and are expected to work in full cooperation with other public officials and employees, unless prohibited from doing so by law or by formally recognized rules of confidentiality. 2) Personal Conduct: Employees will perform their duties with honesty and integrity and in a manner that is helpful, respectful and courteous. Employees will not behave in a manner that could result in a Conflict of Interest. Page 1 of 7 Cape Breton Regional Municipality Human Resources Policy Category: Workplace Standards Number: Date: December 2, 2009 Approved by Council: December 15, 2009 Ethical Conduct Policy 3) Professional Conduct: Employees are entrusted with upholding and adhering to the bylaws of the Cape Breton Regional Municipality as well as all applicable federal and provincial laws. They must observe a high standard of professionalism in the conduct of their duties and faithfully fulfill the responsibilities of their offices, regardless of their personal or financial interests. Any municipal employee who has a financial or personal interest in any proposed Council legislation, and who participates in discussion with or gives an official opinion to Council, shall disclose on the records of Council the nature and extent of the interest. 4) Soliciting Appointments: Soliciting members of Council directly or indirectly in order to obtain preferential consideration in connection with any appointment to the municipal service is prohibited and will disqualify the internal candidate from further consideration for the appointment. 5) Use of Public Property: Employees will use and permit the use of CBRM assets only for the performance of municipally sanctioned duties or as approved by their supervisor and where such privileges are granted to the general public. Employees will safeguard and protect CBRM Assets. Employees will not use CBRM assets including email and internet services if the use could be offensive or inappropriate. 6) Obligations to Citizens: No employee shall grant any special consideration, treatment, or advantage to any citizen or group of citizens beyond that which is accorded to all citizens. 7) Political Activity: No employee of Cape Breton Regional Municipality shall perform work, either volunteer or paid on behalf of any political party during his/her hours of employment with Cape Breton Regional Municipality. Political Involvement by employees in municipal, provincial or federal levels of government is permitted, except as noted in the Municipal Elections Act, S18(1)(d) on the clear understanding that employees are acting personally and not as representatives of Cape Breton Regional Municipality. Any such involvement may not interfere with the time or attention necessary to ensure proper performance of the employee’s duties to Cape Breton Regional Municipality. 8) Disclosure of Confidential and Sensitive Information: No employee shall, without proper legal authorization, disclose confidential information concerning the property, government, employees or affairs of Cape Breton Regional Municipality; nor shall he/she use such information to advance his/her financial or personal interest or others. 9) Conflict Of Interest; No employee, whether paid or otherwise, shall engage in any business transaction or have a financial or personal interest, direct or indirect, which is Page 2 of 7 Cape Breton Regional Municipality Human Resources Policy Category: Workplace Standards Number: Date: December 2, 2009 Approved by Council: December 15, 2009 Ethical Conduct Policy incompatible with the proper discharge of their official duties or would impair, or reasonably give the perception of impairing, their independence of judgement or action in the performance of their duties. Personal interest includes any interest arising from family or marriage relationships, or close business or political associations. Where an actual or perceived conflict of interest arises, employees are required to declare a conflict and take appropriate action to remove them from the conflict situation. The following are situations which constitute conflicts of interest: a) Incompatible Employment: No employee shall engage in or accept private employment or render services for private interests when such employment or services are incompatible with the proper discharge of their official duties or would impair, or reasonably give the perception of impairing, his/her independence of judgement or action in the performance of his/her duties; or in which the individual has an advantage derived from his/her employment with Cape Breton Regional Municipality or puts the employee in competition with services provided by the CBRM. b) Gifts and Favours: No employee shall show favouritism or bias toward any vendor, contractor, or others doing business with Cape Breton Regional Municipality. Employees are prohibited from accepting gifts or favours from any vendor, contractor or others doing business with Cape Breton Regional Municipality that would tend to influence them in the proper discharge of their official duties or where it may be perceived to be in exchange for special treatment. Employees will not provide any gift, benefit or favour in exchange for special consideration or influence, or where it may be perceived to be in exchange for special treatment. c) Representing Private Interests before a Municipal Agency: No employee of the Cape Breton Regional Municipality shall appear on behalf of private interests before any agency of Cape Breton Regional Municipality or any court without the consent of the Chief Administrative Officer. No employee shall represent private interests in any action or proceeding against the interests of Cape Breton Regional Municipality or in any litigation to which Cape Breton Regional Municipality is party. Furthermore, no employee shall accept compensation or a retainer which is conditional upon the actions of a municipal agency. Page 3 of 7 Cape Breton Regional Municipality Human Resources Policy Category: Workplace Standards Number: Date: December 2, 2009 Approved by Council: December 15, 2009 Ethical Conduct Policy d) Contracts with Municipalities: No employee of Cape Breton Regional Municipality shall have any interest, direct or indirect, in any legal municipal contract issued by him/her or by any public committee, board, commission or business unit of which they are a member, agent or employee. Reporting Breaches of this Code Procedures Preamble: Employees must act in accordance with the Code of Conduct. If there are questions about the appropriate application of the Code of Conduct to any situation, employees should ask their supervisor(s) for interpretation or clarification. Guidance may also be sought from Human Resources and/or Legal Services. Responsibilities: Employees are responsible for: 1) Signing a document acknowledging receipt of the Code of Conduct; and 2) Reading and complying with the Code of Conduct and requesting clarification from their supervisor(s) or Human Resources, as required; and 3) Requesting clarification about any potential violation of the Code of Conduct, including Conflict of Interest, and obtaining approval from their Director or the CAO if required; and 4) Disclosing, in writing to their Director any current personal, business, commercial or financial interest which may result in a violation of the Code of Conduct, or a Conflict of Interest; and 5) Reporting suspected violations of the Code of Conduct to their supervisor(s) or their Director, CAO; (as appropriate) and 6) Co-operate with those performing an investigation; and 7) Annual review of Code and Employee sign-off of annual review. Supervisors are responsible for: a) Assisting employees in the administration, interpretation and application of the Code of Conduct; and b) Reporting any alleged violations of the Code of Conduct to their immediate supervisor or Director or CAO. Managers are responsible for: Page 4 of 7 Cape Breton Regional Municipality Human Resources Policy Category: Workplace Standards Number: Date: December 2, 2009 Approved by Council: December 15, 2009 Ethical Conduct Policy a) Ensuring that each employee receives and acknowledges receipt, by signing document, of a copy of the Code of Conduct; and b) The consistent administration of the Code of Conduct within their division; and c) Documenting and retaining any approvals, decisions or directions given to employees; and d) Reporting any alleged violations of the Code of Conduct to their immediate supervisor, Director, CAO; and e) Investigating any alleged violations of the Code of Conduct: and f) Reporting status and results of investigations on a quarterly basis. Human Resources are responsible for: a) Conducting regular audits of the personnel files to ensure that there is a current signed acknowledgement of receipt of the Code of Conduct on file. The Chief Administrative Office is responsible for: a) The consistent administration and communication of the Code of Conduct by departments. Reporting a Violation 1. The identity of the complainant will be kept confidential, except as allowed by the Freedom of Information and Privacy Act. 2. Retaliation will not be tolerated where reporting of a potential violation of the Code of Conduct is made in good faith. 3. If retaliatory action occurs, the employee should immediately report the action to the supervisor(s) or Director or CAO. 4. Knowingly submitting a false report will be subject to disciplinary action up to and including dismissal and any other proceedings available to the CBRM. Code of Conduct Handbook Why Have a Code of Conduct? 1. It explains expected rules of behaviour. 2. It states values, provides guidance and recommends action so that all employees know exactly what is expected of them, 3. It creates an environment that encourages a specific standard of behaviour, reduces confusion and promotes equality within the work place. Page 5 of 7 Cape Breton Regional Municipality Human Resources Policy Category: Workplace Standards Number: Date: December 2, 2009 Approved by Council: December 15, 2009 Ethical Conduct Policy This is not new information. It is a compilation of a number of current policies and expected practices as a reminder of the principles of conduct that the CBRM embraces. It is being updated to reflect current needs, realities and responsibilities. Recent changes to the Freedom of Information and Privacy (FOIP) legislation and advances in technology make it necessary to update the Ethical Code. How Does the Code Affect Me? Only through the commitment of our employees is the CBRM able to deliver quality service and maintain public trust. CBRM employees must be above reproach in their professional dealings and must demonstrate the highest standards of behaviour. Every employee is expected to be aware of, and comply with, the Code of Conduct. Disclosure If you think you may be in violation of the Code of Conduct, address the situation and make full and prompt disclosure to your supervisor. Any suspected non-compliance by another employee must also be promptly reported to your supervisor. Ethical Questions The Code of Conduct cannot outline every situation or relationship that might create a conflict of interest. Each of us must understand and be able to apply basic ethical standards. At some time or another in our employment, we will face a situation where we struggle to find an answer to the question, “What is the right thing to do?” Talk to your peers or to your supervisor(s). If you cannot arrive at an answer or if your issue is too sensitive to discuss with a peer or supervisor, feel free to speak to your Director, Human Resources, Representing Private Interest before a Municipal Agency or Council. Employees who appear before CBRM Council, its Committees or Boards on behalf of an outside organization must declare their involvement to the Chief Administrative Officer or his/her designate. If you are in a position to advise Council, your interest in a particular issue could be seen as favouritism or a conflict of interest. It must be clear to everyone involved that your volunteer work is done as a private individual and not as a CBRM Representative. What to do: 1. Let people in the community group know about the CBRM’s Code of Conduct. Page 6 of 7 Cape Breton Regional Municipality Human Resources Policy Category: Workplace Standards Number: Date: December 2, 2009 Approved by Council: December 15, 2009 Ethical Conduct Policy 2. Advise the CAO’s office of any appearance that may cause a conflict between your job duties and outside activities. Q: I belong to a non-profit organization. May I appear before CBRM Council on its behalf? A: Yes. You have the right to appear, on your own time, before CBRM Council, its Committees and Boards on behalf of public groups. You also have a right to appear as a taxpayer, elector or owner on issues specified in the MGA. Q: May I appear before CBRM Council on behalf of my private company? A: Yes. However, you must appear on your own time and declare your involvement with the City Clerk’s Office and your Director, prior to your appearance. CBRM Assets CBRM assets include all equipment and material or resources owned or controlled by the municipality. The CBRM, like any organization, cannot afford to lose or misuse time, money or resources. We serve the citizens of the Cape Breton Regional Municipality and to do our job properly, we need to have all resources available at all times. Whether the asset in question is work time, a vehicle or a computer, it must be ready and available to do the work. Things to do Respect CBRM assets and take proper care of them. ? Use CBRM assets only for CBRM work. ? Reimburse the CBRM promptly for any personal costs (ie, long distance calls, ? photocopying, etc.). Obtain written approval for exemptions. ? Things Not to Do Take home CBRM assets for personal use without prior approval and in keeping with the ? policy. Use your CBRM vehicle for personal business. ? Install personal software on CBRM computers. ? Download software from the Internet without prior approval. ? Store large amounts of non-work related data on CBRM computers. ? Fail to report a lost or damaged piece of equipment, supplies or material. ? Employees who have reason to believe that this Code of Ethics has been breached in any way are encouraged to bring their concerns to their manager/employees or to any member of the Senior Management Team and the CAO. No adverse action shall be taken against any employee who, acting in good faith, brings forward such information. Page 7 of 7