Integrity Commissioner
The Municipality of Madawaska Valley has appointed Mr. Tony Fleming of Cunningham Swan and Bonham LLP as the Integrity Commissioner for the Municipality and authorize him to conduct inquiries upon complaints for rules governing the ethical behaviour of members of Council as they pertain to the Municipal Conflict of Interest Act and Code of Conduct.
By-Law 2023-02 – Appoint an Integrity Commissioner
The Integrity Commissioner is an independent and impartial position reporting directly to Council.
The Integrity Commissioner carries out the following core functions:
Advisory Role:
The Integrity Commissioner provides confidential written and oral advice to the Mayor and Councillors about their own situations respecting the Code of Conduct for Members of Council and other by-laws, policies and procedures governing ethical behaviour, including general advice about the Municipal Conflict of Interest Act.
The Integrity Commissioner also provides opinions and reports to Council on issues of ethics and integrity.
Investigative Role:
Complaints about breaches of the Code of Conduct are made to the Integrity Commissioner pursuant to the Council approved Complaint procedure. Complaints can be dealt with through a formal or informal process. When carrying out a formal complaint investigation, the Commissioner can summon evidence and examine witnesses under oath. Should the Integrity Commissioner find a contravention, he can recommend various penalties for imposition by Council. The available penalties range from suspension of remuneration to a reprimand or apology.
Educational Role:
The Integrity Commissioner is responsible for providing educational programs to Council Members and Staff. This is carried out in group settings, one-on-one meetings, and annual reporting.
Council Code of Conduct
The Council Code of Conduct helps to ensure that members of Council engage and debate using acceptable conduct. These standards should serve to enhance public confidence that the Municipality’s elected representatives conduct Council business in a civil and courteous manner.
The Code of Conduct is administered by the Township’s Integrity Commissioner. The Integrity Commissioner is an independent accountability officer given authority under the Municipal Act. It is the role of the Integrity Commissioner to:
- apply the Code of Conduct for members of Council;
- apply any procedures, rules and policies of the municipality governing ethical behavior of members of Council;
- Apply sections of the Municipal Conflict of Interest Act to members of Council;
- Conducting inquiries about whether a member of Council has contravened the Code of Conduct or the Municipal Conflict of Interest Act.
- Providing advice to members of Council respecting their obligations under the Code of Conduct and Municipal Conflict of Interest Act.
An Integrity Commissioner has the power to conduct an inquiry in respect of a request made by Council, a member of Council or a member of the public about whether a member of Council or a local board has contravened the applicable Code of Conduct.
If you believe that a member of Council has breached the Code of Conduct, you may request an investigation by the Integrity Commissioner. To file a Code of Conduct complaint to the Integrity Commissioner, please follow the link below.
- Code of Conduct
- Integrity Commissioner Request for Inquiry Form Code of Conduct
- Application Form for Inquiry into Alleged Contravention of Municipal Conflict of Interest Act
Municipal Conflict of Interest Act
The Municipal Conflict of Interest Act endorses the following principles in relation to the duties of members of councils and of local boards under this Act:
- The importance of integrity, independence and accountability in local government decision-making.
- The importance of certainty in reconciling the public duties and pecuniary interests of members.
- Members are expected to perform their duties of office with integrity and impartiality in a manner that will bear the closest scrutiny.
- There is a benefit to municipalities and local boards when members have a broad range of knowledge and continue to be active in their own communities, whether in business, in the practice of a profession, in community associations, and otherwise.
Declaration of Interest Registry
The Municipal Conflict of Interest Act requires that every municipality establish and maintain a registry of all declarations made by members at a Council, Committee or Board meeting.
All members must submit their disclosures of pecuniary interest in writing to the Clerk or immediately following the meeting during which they verbally disclose an interest using the Declaration of Pecuniary Interest form.
2019 Conflict of Interest Summary
2020 Conflict of Interest Summary
2021 Conflict of Interest Summary
