ombudsman code of ethics

The Ombudsman reviewed an in camera session of a meeting of council for the Municipality of West Nipissing during which council was to discuss the relationship between staff and council. customers to finance a good other than the one defined, Voluntarily failing to document a customer complaint according The Ombudsman found that by discussing the individuals conduct, the committee revealed inherently personal information about the individual. We do not take complaints about bylaws or other decisions of council that have been properly made and passed, but we could review whether a bylaw was improperly made or unfairly applied. Ministry of Municipal Affairs and Housing, You are now in the table of contents for this book, 13. False claim for representation Accordingly, although not cited by the municipality, the discussion fit within labour relations exception. The committee discussed the conduct of the member of the public. Each ombudsman shall: (1) Support the command's mission, Ombudsmen are committed to strict adherence to the code, which includes: Maintaining confidentiality. The discussion was about an individual employee in the context of their employment relationship to the BIA and included the employees job performance. How this code works The Code of Conduct applies the ethics principles, values and associated standards of behaviour as prescribed in the PSE Act. . inquire with them or on their website. is also home to the Mtis Nation of Alberta Region 3. The Long-Term Care (LTC) Ombudsman are advocates for residents of nursing homes and assisted living facilities. We adhere to The Ombudsman Association Code of Ethics. Impose the Bank's power of attorney model on clients. A municipal Ombudsman. Emergency management and disaster financial assistance, adopting policies related to accountability and transparency specified in, establishing a code of conduct for members of council and certain local boards, ensuring access to an Integrity Commissioner, when and how to provide notice to the public, how the municipality will try to ensure accountability and transparency to the public, the relationship between council members and municipal officers and employees, the manner in which the municipality will protect and enhance the tree canopy and natural vegetation in the municipality, pregnancy leaves and parental leaves of members of council, respectful conduct, including towards officers and employees of the municipality or of local boards, Working with local boards when developing local board codes of conduct, Deciding what subjects to include in local codes of conduct (beyond those that arerequiredby the above-described Ministers regulation). The Ombuds may look into whether proper procedures were followed and bring to the attention of the university administration gaps and/or inadequacies in existing rules and regulations. All interactions with the ombudsman should be voluntary. PDF MUHC Code of Ethics - McGill University Health Centre The discussion included information about ongoing legal proceedings against the municipality and how the municipalitys response to the credit card abuse allegations could affect those proceedings. The Ombudsman found that the discussion of the mayors professional relationship with the commission does not qualify as personal information. While information about an individual in their professional capacity will not generally fit within the personal matters exception, the discussion will fit within the exception if it relates to scrutiny of an individuals conduct. The Ombudsman found that it was not clear whether the mayor was acting in a professional or personal capacity during the incident that gave rise to the code of conduct complaint, and council was considering an unproven allegation against the mayor. To help support integrity and accountability in public office, municipalities may pass by-laws to establish the following: The Municipal Conflict of Interest Act (MCIA) sets out ethical rules for council and local board members if they have certain pecuniary (financial) interests in a matter that is before their council or local board at a meeting. Municipal: Handling Complaints Under Your Code of Ethics - Ombudsman The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg, which relied on the closed meeting exception for personal matters to discuss the selection process for a new Chief Administrative Officer (CAO). the client contacts the Bank to indicate that he or she prefers an Many municipalities have developed policy manuals to provide a basis for sound decision-making, and to help ensure that policies are implemented and applied in a consistent way. However, the Ombudsman found that it is unrealistic to expect the committee to have parsed the discussion about the members of the public from that of the councillors when the two discussion topics were directly related. Normally, the discussion about the conduct of the two councillors would not fit within the exception, as it related to the individuals conduct in their official roles as councillors. Mere speculation that litigation may arise is not sufficient to bring the matter within the litigation or potential litigation exception. HANDLING COMPLAINTS UNDER YOUR CODE OF ETHICS guide to dealing with alleged contraventions of a council member code of ethics INTRODUCTION The Cities Act, The Municipalities Act, and The Northern Municipalities Act, 2010 require municipal councils to adopt a council member code of ethics. In June 2022, we completed 12 translations of the documents. The Ontario Ombudsman has a role with respect to municipalities. Supporting the command's mission. The Ombudsman reviewed a closed meeting held by the Public Works Committee for the Township of Bonfield that relied on the labour relations or employee negotiations exception to discuss employee performance matters in the municipality. 7. 1. An ombudsman may initiate action on a problem he or she perceives directly. Ethics Code of Ethics (NAR) Before You File an Ethics Complaint (NAR) This brochure explains alternatives to consider before filing an ethics complaint, as well as what to expect after filing a complaint. A lobbyist registry and registrar. Councils discussion related to public comments made by the mayor. illegal or likely to be perceived as such, even outside of our UPDATE: O n 17 March 2022, the IOA Board of Directors approved and put into effect the final version of the revised Standards of Practice (SOP) and Code of Ethics (COE). The mission of the organizational ombudsman is to provide a confidential, neutral and informal process which facilitates fair and equitable resolutions to concerns that arise in the organization. Codes of conduct and other ethical rules Codes of conduct for other municipal officials Accountability officers Municipal Conflict of Interest Act matters The Ontario Ombudsman Privacy and confidentiality Helpful considerations: section 2 There are many ways to contact the Government of Ontario. If that does not work or does not fit the situation, we may assess the file for investigation. We are designated neutrals and remain independent of ordinary line and staff structures. 6. CANADA. For more information, see our conflict of interest brochure and checklist. The Ombudsman received a complaint alleging that council for the Township of Lanark Highlands contravened the Municipal Acts open meeting requirements during a meeting on September 22, 2020. The Ombudsman reviewed a closed meeting held by council for the City of Timmins to consider a complaint against a resident with respect to a zoning by-law infraction. Some have also adopted other procedures, rules and policies governing the ethical behaviour of those members. who offers products or services for the Bank or its subsidiaries) also Some municipalities have considered measures that may be outside a code of conduct process, such as requesting an apology and/or removing the member from committees. In all things. For example, a member may have to take steps if they are present at a council or local board meeting where that members land will be discussed. Therefore, councils discussion did not fit within the personal matters exception. 5.6 We do not make binding decisions, mandate policies or adjudicate issues for the organization. All Contents 2023, Ombudsman Ontario. Please contact us online or by phone at 1-800-263-1830. in addition, they must have a process for handling any complains about potential violations of the code. The Ombudsman should not testify in any formal judicial or administrative hearing about concerns brought to his/her attention. However, in this case, the committee discussed information that had not been previously discussed in public and is not the type of information that would typically be debated in open session. The Ombudsman reviewed a closed meeting held by council for the Municipality of St.-Charles to discuss a draft financial report from its auditors, relying on the labour relations and employee negotiations exception. confusing. Policies - NSW Ombudsman 3.1 Communications between an ombudsman and others (made while the ombudsman is serving in that capacity) are considered privileged. The Ombudsman reviewed a closed meeting held by council for the Town of Fort Erie that relied on the personal matters exception to discuss an alleged breach of the municipalitys code of conduct by the mayor. The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission to discuss comments about the commission made by a local mayor. The Ombuds office works hard to merit the trust others place in it. The municipality retained a labour consultant to provide advice on the complaints. The meeting was closed citing the personal matters exception. Our code of ethics and conduct | NSW Public Service Commission This information was personal information. We take complaints from the public about Saskatchewan cities, towns, villages, resort villages, rural municipalities and northern municipalities. Any retaliation for good faith reports is . place).). Some municipalities have included in their codes of conduct specific rules addressing member conduct at meetings, member conduct towards other members, the public and complainants. All Contents 2023, Ombudsman Ontario. Some examples of wrongdoing that goes against a voluntary code of conduct. Please contact us online or by phone at 1-800-263-1830. A: Every institution must have this policy. 2.4 Publicity about our office conveys the confidential nature of our work. The amount of an indemnity varies on a case-by-case basis depending on the terms of the indemnity and the facts involved. The Ombudsman found that council could have been parsed and the audit report could have been considered in open session, separate from the employee performance matters, because the two topics were distinct. The names of the citizens who sent these emails and the content of the correspondence was also disclosed. The Ombudsman found that councils discussion about individual employee conduct and performance did fit within the personal matters exception because staff members were identified by name. The councillor discussed feelings, concerns, and opinions about identified councillors conduct in relation to the emails. wrongdoing against dismissal, suspension, demotion, harassment, Do not provide For example, section 7.1 of the Building Code Act, 1992 (BCA) requires municipalities to establish and enforce a code of conduct for the chief building official and inspectors. During the meeting, the municipality reviewed written legal advice. Councils discussion included specific information about the performance of identifiable individual employees and the retirement of two employees. Sometimes people contact us because they disagree with a particular municipal project or bylaw. There are a number of different titles or names for this position: "ombudsman," "ombudsperson," "ombuds," or "ombud" among others. The fact that the municipality has a small staff and personal information about individual employees could be inferred from the auditors findings does not bring the discussion within the personal matters exception. In addition to the information available on this website, we can provide presentations, webinars and Fine Art of Fairness workshops to municipal council members and employees. The Ombudsman reviewed a closed session meeting held by the City of Greater Sudbury where council discussed the conduct of an identifiable individual employed by the City. risk management, and this policy reinforces that commitment. See the Municipal Conflict of Interest Act and section 223.4.1 of the Municipal Act, 2001 for more information. If you believe that there has been wrongdoing in an institution We can refer you to a counselor. 1 0 obj <>/Metadata 2 0 R/Outlines 5 0 R/PageLayout/OneColumn/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog>> endobj 2 0 obj <>stream Financial Institutions; a government agency or agency that The Ombudsman found that although parts of councils discussion qualified as personal information, councils discussion about the mayors official conduct was not covered by the personal matters exception. A closed meeting investigator. The University of Calgary is situated on land Northwest of where the Bow River meets the Elbow River, impartial team, a member will contact you to fully understand the customers to opt for our products and services. Consumer and REALTOR Ombudsman Hotline Occasionally, consumers may find themselves in a dispute with a REALTOR. After completing an investigation, an Integrity Commissioner may decide to apply to a judge for a determination as to whether the member has contravened the MCIA. On this land and in this place we strive to learn together, walk The BCA outlines the purposes of a code of conduct and requires that a code of conduct outline rules for its enforcement. Working with local governments and partners across Ontario to build safe and strong urban and rural communities with dynamic local economies, a high quality of life and affordable and suitable homes for everyone. 5.1 An ombudsman strives for objectivity and impartiality. In this program, an Ombudsman will attempt to informally resolve your concerns through phone communication. in a secure manner (e.g., discussing a file in a public The Ombudsman reviewed a closed meeting held by council for the Township of Lanark Highlands to discuss involvement of a council member in the financial administration of the township. suspension of pay for a period of up to 90 days, disqualification from office for up to seven years, disclose the interest and its general nature before the matter is considered at the meeting, not take part in the discussion or voting on any question in respect of the matter, not attempt to influence the voting before, during, or after the meeting, immediately leave the meeting, if the meeting is closed to the public, Familiarize yourself with the municipalitys policy manuals to help with appropriate decision-making, Familiarize yourself with the municipalitys code of conduct for council members, and work with council members to make updates to your code of conduct if necessary, Familiarize yourself with the role of the Ontario Ombudsman to better understand that role in connection with municipal matters, Familiarize yourself with your other responsibilities, for example matters relating to personal privacy and other confidentiality issues. See section 239 and other sections of the Act to find out more about closed meeting rules. The Ombudsman found that the discussion about the conduct of the two members of the public fit within the personal matters exception. regulates or supervises financial institutions; Offer products and services that are not suitable for a As defined in legislation and regulations, municipal councils must have a code of ethics. However, the in camera discussion about the council member touched upon information that was speculative and also involved scrutiny of the councillors conduct that went beyond their official capacity as a member of council. We invite you to requests for advice from members of council and certain local boards respecting their obligations under: the local code of conduct applicable to the member, local procedures, rules or policies governing the ethical behavior of the members, providing educational information to the public, the municipality and members of council and certain local boards about local codes of conduct for members and about the, appointing its own Integrity Commissioner and assigning all mandatory responsibilities to that Commissioner, appointing its own Integrity Commissioner and assigning some of the mandatory responsibilities to that Commissioner, and making arrangements for the remaining mandatory responsibilities to be provided by a Commissioner of another municipality, sharing an Integrity Commissioner with another municipality, for example across the upper tier, making arrangements for all of the mandatory Integrity Commissioner responsibilities to be provided by a Commissioner of another municipality, the anticipated workload of the Integrity Commissioner in the municipality, as well as the workload in other municipalities if the commissioner is shared between them, a suitable budget for the anticipated workload of the Integrity Commissioner (such as payment or remuneration that the municipality will provide to the Integrity Commissioner), how the Integrity Commissioner will remain independent from the municipality, where and how the public, council and staff will communicate with the Integrity Commissioner, especially if the municipality is making arrangements with an Integrity Commissioner of a different municipality, how long the Integrity Commissioner is expected to work for the municipality, what will happen if issues arise with the work arrangements. The Ombudsman reviewed a closed meeting held by council for the Township of North Huron to discuss fire department personnel issues. uuid:4bf81fab-10ac-4b92-b0ab-c0381c14af83 In When possible, we help people develop new ways to solve problems themselves. An Ombuds can be described less as an advocate and more as an advisor in an attempt at achieving fairness and due process for those involved. When deciding on the arrangements for an Integrity Commissioner, a municipality may wish to consider a number of things, including among others: An indemnity is often provided through an agreement stating that one person must compensate another for certain costs (for example costs of legal actions). According to the BCA, purposes of a code of conduct are: A code of conduct must include policies or guidelines to be used in responding to allegations of a breach and must set out disciplinary actions that may be taken. It is up to the municipality to negotiate details of the indemnity with the Integrity Commissioner. institution is governed by the Bank Act. Be fearless, we have no way to trace effective process to facilitate the reporting of wrongdoing without (This is in addition to the existing requirement for the clerk or secretary to record members declarations of interest in the meeting minutes.). For administrative complaints about a city, municipality or northern municipality, we will give notice to the administrator, commissioner or manager. Command Ombudsman - TRICARE The Ombudsman reviewed two closed meetings held by council for the City of Greater Sudbury that relied on the exception for solicitor-client privilege to discuss transit tickets in the municipality. it to National Bank? For examples of the kinds of municipal complaints we have taken, see our annual reports or public reports. The Ombudsman found that the municipality was permitted to discuss unproven allegations regarding the conduct of a member of council in camera pursuant to the exception for personal matters about an identifiable individual. The Ombudsman must take all reasonable steps to protect any records and files pertaining to confidential discussions from inspection by all other persons, including management. mortgage with information about the transfer or assignment of the Therefore, the discussion did not fit within the personal matters exception. to the traditional territories of the peoples of Treaty 7, which include the Blackfoot Confederacy various policies, to maintaining a culture of compliance and sound The meeting was closed under the personal matters exception. Local integrity officers and municipal codes of conduct are an important part of Ontarios local accountability framework. It is up to municipalities to decide how to develop their codes. After that, we decide whether to make edits based on those submissions and then provide the final report and recommendations. a site traditionally known as Mohkinstsis to the Blackfoot, Wchspa to the Stoney Nakoda, and Lois Habilitantes. Ombudsman | Ethical Systems Work with the resident and provider to resolve the problem (s) Communicate with the nursing home administrator or other designated staff person during each visit. Municipalities are required to provide access to an Integrity Commissioner. There are different types of ombuds with different roles, functional responsibilities, and standards of practice including: organizational ombuds, classical ombuds, and advocate ombuds. The Ombudsman found that the auditors presentation did not fit within the exception for labour relations or employee negotiations as it pertained to general information about how various departments had performed, rather than relations or negotiations with staff.
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