To the editor,
In a follow-up to a letter to the editor that I sent on March 23, 2024, 'Was Council's Integrity Commissioner's Decision Justice or Injustice?', I wish to share with members of council for the City of Thunder Bay, the administrative staff of Thunder Bay, the Integrity Commissioner and interested readers of a citation published in the Canadian Legal Information Institute (CanLII).
It consists of an issue that was very similar to the complaint filed against Councillor Agarwal.
The reference citation is: Manotick BIA Board of Management (Re), 2024, ONMIC 2, date: October 25, 2023.
It is a very lengthy report consisting of 113 pages. However, I will only refer to pages 107-108, which deals with recommendations instead of penalties and remedial measures.
As quoted in the above citation: "Beyond penalties and remedial measures, I recommend the development of training and policies to support BIA members in their public function. The investigation revealed that many members misunderstood roles and meeting procedures. The investigation also identified areas where detailed policies and procedures would establish better accountability and transparency (e.g., appropriate expenses, expectations for engaging in work-related communications outside of normal business hours, procedures for hiring BIA staff, etc.).
"Therefore, I recommend that City Council:
1. Receive this report, including the finding that:
a. Respondent 2 contravened Section 7; and
b. Respondent 3 contravened Sections 4 and 7 of the Code of Conduct for Members of Local Boards;
2. Direct the City’s Economic Development Office to work with OCOBIA to develop additional training materials for BIA Board members on matters including Procedure By-law, open and closed meeting procedures, and human resource management including procedure for the hiring of BIA staff.
"I further recommend that the MBIA Board:
1. Receive this report, including the finding that:
a. Respondent 2 contravened Section 7; and
b. Respondent 3 contravened Sections 4 and 7 of the Code of Conduct for Members of Local Boards;
2. Reprimand Respondent 2 in accordance with Section 16 of the Code of Conduct for Members of Local Boards;
3. Provide for education sessions for Respondent 2 and the current MBIA Board on the Code of Conduct for Members of Local Boards and matters such as meeting
procedure;
4. Review the BIA Governance By-law and other relevant governance documents to ensure members understand roles and procedures; and
5. Review and update the Board’s administrative and financial policies to ensure they properly reflect the accepted practices of the Board.
Respectfully submitted,
Karen E. Shepherd
Integrity Commissioner"
I commend council for referring the IC's report relating to Councillor Agarwal to administrative staffs and further commend administrative staffs for following similar recommendations made by Integrity Commissioner Karen E. Sheperd.
There are better administrative solutions available - not just what is stated in the Municipal Act or Municipal Code of Conduct Policies.
Ed Dunnill
