Understanding the New Codes of Conduct

A comprehensive code of ethics for Councillors and City staff has been on the radar and in the news for many years now.

In 2018, the City received an independent report from the Honourable Clyde K. Wells, K.C. which recommended we repeal and consolidate various by-laws that applied to City employees and Councillors. A Code of Ethics By-Law was drafted and approved by Council in 2018, but we weren’t able to enact it due to limitations in the City of St. John’s Act.

Then, the Province announced that it was going to be bringing in legislation governing the conduct of all municipal employees and Councillors. That new legislation would contain a requirement for all municipalities to bring in two Codes of Conduct. So, the City waited until the Province put forward this new legislation so that we could revise our by-law to comply with the new legislation.

What’s Happening Next Week?

On February 20, Council will vote to adopt two new by-laws for the City: the Code of Conduct for Municipal Officials and the Code of Conduct for Councillors. These new by-laws are required to ensure the City of St. John’s is compliant with the new Municipal Conduct Act, passed by the Province on September 1, 2022.

What’s Different?

The new Municipal Conduct Act requires a broader definition of conflict of interest. The current Conflict of Interest By-Law and our 2018 proposed code of ethics by-law limited conflict of interest mostly to financial gain. The new Municipal Conduct Act (and consequently the new by-laws) includes in the definition of conflict of interest private interests, not just financial. The Provincial Municipal Conduct Act also sets out applicable penalties for current and former Council members for conflict-of-interest breaches or conduct breaches.

The Municipal Conduct Act requires that all “municipal officials” abide by a code of ethics dealing with conflict of interest and general conduct. This includes municipal employees.

What’s Covered?

The City’s two new by-laws address:

• ethical conduct in the workplace, which includes abiding by the City’s Respectful Workplace policy; use of public assets for private interest and fraud; Social media use and protecting confidential information; and how to ethically engage in political activity
• how to declare a potential conflict of interest and how to file a conflict-of-interest complaint
• how to deal with a complaint of wrongdoing - an ethical breach that is not a conflict of interest- and protection for individuals against reprisal when making a complaint in good faith
• when to bring in an external investigator
• appealing a decision made under the by-law
• disclosure of expenses for travel and other matters, and what types of gifts and personal benefits are acceptable and what ones are not
• discrimination, harassment and bullying in the workplace
• protecting confidential information while ensuring the City acts with integrity, accountability and transparency

What’s Next?

If approved by Council on Monday, Feb. 20, staff will begin the process of educating employees and Council, following the new process for managing complaints and ensuring all internal policies are consistent with the new by-laws.

Read the draft Code of Conduct for Employees

Read the draft Code of Conduct for Councillors

Watch the Council meeting live at 3 p.m. on Monday, Feb. 20 or watch a recording of the meeting at your convenience. Simply select the meeting date from the Committee calendar at StJohns.ca/Meetings.