City solicitor Ben Bullock discusses his office's findings in a review of how other municipalities structure an "integrity commissioner" model to handle code of conduct complaints during a committee meeting on Tuesday.--News Photo Collin Gallant
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A council directive to study hiring an integrity commissioner to handle code of conduct complaints could become city policy Monday, then a legislated requirement next fall, members of a council committee said Tuesday.
The administrative and legislative review committee received an overview of how other cities handle the often controversial items when they arise.
Committee members Tuesday said the changes recommended in the report by the city solicitor’s office are essentially what council favoured in April, but a proposed timetable to implement them – by next March – is too long for their liking.
“We have councillors and some vigilant members of our community who would like to see this sooner rather than later,” said chair Coun. Andy McGrogan, before the issue was forwarded to council for approval on June 17.
“It’s taken a few months for the review, and it’s been time well spent, but I don’t foresee any more delay.”
Council debated the changes as part of a “code of conduct bylaw” review asked for in late 2023 that came forward two months ago, but in the intervening period, members dealt with a code complaint between Coun. Shila Sharps and Mayor Linnsie Clark that saw the community split and criticism in some corners about the process.
Clark is currently appealing for a judicial review of the seven-person council decision that sanctioned her from chairing council meetings or interacting with staff in person, as well as reduced her pay by half.
Currently, complaints are received by the ALR committee, which Coun. Ramona Robins said is “clunky” and could present potential for conflict of interest.
The new position would receive initial complaints from both council members and residents or property owners in Medicine Hat, determine merit through a confidential investigation (likely within 90 days), recommend dispute resolution between the parties, dismiss complaints, or in the case of serious breaches, forward findings to council for a determination of penalties or corrective action.
“I would like to see (the transfer) done right, but I don’t think it’s reasonable that this couldn’t be accomplished in 2024.”
Robins attended the meeting as a specially appointed member for the meeting in order that quorum be met.
City staff say they “understand the urgency” of the request, but if approved next Monday, a bylaw could be prepared by September for approval that month, the contract for the outside appointee would have to be tendered and candidates evaluated. A budget for the position would likely begin with the next two-year business cycle in January 2025.
“It might not be (as far away as) March, but we’d rather ask for more time than not give ourselves enough time to be ready,” said city solicitor Ben Bullock.
“The integrity commission model is an option, but there are a number of municipalities that are going that way.”
Four major municipalities in Alberta engage an integrity commissioner on retainer – Calgary, Edmonton, the Regional Municipality of Wood Buffalo (Ft. McMurray) and, most recently, Red Deer.
Committee heard that city approved changes in September 2023, and the position was legally created, authorized and in place earlier this year.
Renumeration ranges from an annual $24,000 retainer plus $200 per hour billed in Calgary and Edmonton, to serviced based models with budgets capped at $30,000 per year in Fort McMurray to $105,000 per year in Red Deer.
The model is required in Ontario under provincial legislation for municipal operations. The City of Toronto has three full-time staff members with legal backgrounds and an annual office budget of $518,000.
