It may just be the general drop in social standards of civility or the decline of local media coverage, but the increase in incidents of “bad behaviour” by elected municipal councillors has prompted the Ontario Government to act.
Municipal Affairs Minister Rob Flack has introduced a new law that will allow the removal of an elected councillor from office and impose a four-year prohibition on running again if the individual has contravened the new code of conduct.
Interfering in the democratic process in this way is not to be taken lightly – it is the job of voters to “hire” or “fire” elected officials at each election. But there have been too many examples of councillors misbehaving and, in particular, harassing municipal staff and colleagues. It is unacceptable behaviour.
One of the more egregious examples has occurred in Pickering, a city in the east Greater Toronto Area where the behaviour of one of its councillors resulted in a criminal investigation by the OPP into harassment complaints and the cancellation of public council meetings due to safety and security concerns. Another such case involved an Ottawa councillor who had repeatedly harassed senior female city staff members on multiple occasions.
Municipal officials and a grassroots citizens’ group called “The Women of Ontario Say No” have been lobbying hard for tougher rules.
The first government bill on the subject was originally introduced last year by former municipal affairs minister Paul Calandra. He urged caution to make sure the bill would withstand a constitutional challenge and sought the advice of Ontario’s Integrity Commissioner. That legislation died when Premier Doug Ford called the election earlier this year.
The new bill seems to have met the challenge so far. The president of the Association of Municipalities (AMO) Robin Jones, who is also the Mayor of Westport, north of Kingston, supported the proposals. “Municipal councils…have asked for legislation that holds elected officials to a higher standard of accountability” she said. This bill would ensure “that as members of council, we are living up to the trust that residents put in us.”
Emily McIntosh, the founder of the citizens’ group, called the legislation long overdue. “No one should be above the basic workplace safety standards applicable in every other workplace in Ontario” she said.
Under existing legislation, an elected councillor could lose his or her seat only if they break conflict of interest laws or election spending rules. The latest proposals introduce a new, standardized municipal code of conduct, a province-wide integrity commissioner inquiry process and mandatory code of conduct training.
If an elected official contravenes the new rules, he or she could be removed from office and banned from running again for four years. In an attempt to respect due process and respond to potential concerns about violating the constitution, the penalty could only be applied upon the recommendation of the municipality’s own integrity commissioner, the agreement of the province’s integrity commissioner and a unanimous vote of the local council involved.
McIntosh worries that requiring a unanimous council vote is too high a bar and that the entire process could be derailed by one person on council when it comes time for the vote. She is hopeful that Flack will amend the legislation as it proceeds through the Ontario Legislature.
There may be further tweaks to the bill as Flack has announced there will be more consultations to determine the specific regulations pertaining to ethical behaviour around harassment and to develop specific training requirements for members of council. If the legislature passes the bill during this session, the government expects it will come into effect next year, in time for the next municipal election.
Time will tell if the new rules do the trick or get bogged down in procedural legal hassles. Attracting good people to run for municipal office or work for municipal governments is challenging enough without fear of harassment in their workplace.
Janet Ecker is a former Ontario Finance Minister, Minister of Education, Minister of Community and Social Services and Government House Leader in the governments of Premier Mike Harris and Premier Ernie Eves. After her political career, she served as the founding CEO of the Toronto Financial Services Alliance, a public-private partnership dedicated to building Toronto region into an international financial centre. She currently sits on a number of corporate and non-profit boards, agencies and advisory committees.
Ms. Ecker received the Order of Canada for her public service contributions and was recognized as one of the “Most Influential People in the World’s Financial Centres” by Financial Centres International. She also received a “Canada’s Most Powerful Women: Top 100 Award” from the Women’s Executive Network and the Richard Ivey School of Business, among other awards. She is also one of the founders of Equal Voice, a national, multi-partisan organization working to elect more women.
