The "Conflicts" Motion That Council Has Forgotten

If time passes quickly when you are having fun, then why do four weeks in Windsor seem like eighteen months?

It must be that the Mayor and Council are in some kind of a funk or are they afraid of something.

I am sure that you remember the brouhaha that was raised when ex-Mayor Hurst joined DRTP. No matter what your position on that was, some of us felt that there was a need to clarify the rules so that this kind of an issue would never rise again. Councillor Postma obviously did so too and had the courage to introduce a Motion dealing with this matter at the Council meeting of March 29, 2004. I spoke in support of her Motion.

Our dear, action-oriented Council, with only the Mayor declaring an interest and abstaining, deferred the matter "pending a report from administration in 4 weeks..." We are still waiting for the Report.

As Prime Minister Martin has written about the Federal code "By acting always in accordance with the principles and specific provisions of this Code, public office holders will provide Canadians with a greater assurance that our government is acting in an honest and transparent manner." Why should we accept less from our Municipal politicians?

I believe that there is a Council strategic session on Saturday. It is about time that they bring the Motion forward for "public" debate. Let us know in an "open and transparent" fashion who on Council is afraid to pass such a Code of Conduct and why.

In case they have forgotten, here is a copy of the Motion:

WHEREAS there is an immediate need to establish rules respecting postemployment practices for the Mayor and City Councillors each of whom are hereinafter referred to as an "official") so that the public will have confidence in the integrity of City Government and so that officials will know what is expected of them; and,

WHEREAS there is a need to balance the right of officials to seek employment after leaving office and the need to avoid real or potential conflicts of interest while in office and afterwards;

THEREFORE BE IT RESOLVED that Council adopt a POSTEMPLOYMENT CODE OF CONDUCT that shall be applicable to the Mayor and all Councillors immediately that shall include the following terms:

a. All officials should seek to avoid conflict of interest situations, real or potential, in post-employment activities during the term of office and subsequently shall ensure that such activities do not prejudice their official duties or bring the City into disrepute;

b. No official shall use his/her office to make an arrangement for future employment, to obtain a post-employment position or to take an improper advantage;

c. An official shall keep in confidence and not use or disclose to any person or persons outside of the City any confidential or proprietary information gained by reason of the official’s position unless such information was in the public domain at the time it was disclosed or was subsequently made available to the general public without restriction by the City;

d. An official must disclose forthwith, in a confidential report to the Mayor, or to a Designated Councillor, if the Mayor is the party involved, any discussions during the official’s term of office with a party respecting an arrangement for future employment or an offer of employment. Acceptance of any offer of employment shall be reported immediately to the Mayor or the Designated Councillor;

e. No official shall during the period of one (1) year after leaving office:

• i. accept appointment to a board of directors of or employment with any person
  who was involved in a matter in which the official participated or in which the
  official received confidential or proprietary information while an official;
• ii. assist, represent or negotiate for any person in a matter in which the official
  participated or in which the official received confidential or proprietary
  information while an official;
• iii. give advice or information to any person using confidential or proprietary
  information that is not available to the public concerning the programs or
  policies of the City;
• iv. act in a position adverse to the City in a matter in which the official participated
  or in which the official received confidential or proprietary information while an
  official; and
  

BE IT FURTHER RESOLVED that Administration immediately commence
preparation of the appropriate by-law required to carry out this resolution of Council.