Submitted by admin on Mon, 2006-11-27 08:00. ::
The integrity commissioner would investigate whether Merulla's tantrums contravened the city's code of conduct. In this case, probably the provisions forbidding elected officials from injuring the professional or ethical reputations of staff.
Though there is a code of conduct in place that theoretically governs acceptable behaviour for members of council, it neither has the same depth nor detail as Toronto's.
One of the key elements of mayor-elect Fred Eisenberger's platform is to make ethical behaviour a front-and-centre issue in Hamilton politics. To that end, he wants to appoint an integrity commissioner who will advise council on its obligations under corporate policies, bylaws and a bulked-up code of conduct.
Eisenberger envisions the new code and the commissioner's duties modelled on the one Toronto enacted in 2004, but not to the exclusion of other ideas.
Allegations of a criminal nature would still be investigated by police. And conflict-of-interest complaints would fall under the Municipal Conflict of Interest Act.
But the integrity commissioner could investigate a wide range of other complaints: mistreating staff, discreditable behaviour to the public, using city resources for campaign purposes, disorderly behaviour at council meetings, receiving improper gifts and benefits, inappropriate use of city resources.
He says it's unacceptable for councillors to be talking among themselves during meetings and public presentations, walking in and out of the room, or arriving late and leaving early without good reason.
"This is not about Big Brother and that stuff," he says. "This is about respecting the taxpayers and making sure we're operating in a fashion that's appropriate."
Hallelujah to that. Some councillors conduct themselves in such a breezy manner at times you might think they were at a frat house rather than a board meeting of a $1-billion corporation.
The problem Eisenberger and like-minded reformers on the new council are going to run into is the same Toronto did -- giving teeth to the rules.
According to David Mullan, Toronto's integrity commissioner, currently there is little Toronto council can do in response to code of conduct violations other than calling for an apology from the offender.
He says that will change in January when the new City of Toronto Act comes into effect, which will provide for the loss of salary for up to 90 days.
In addition, Mullan says Toronto's code of conduct is being amended to include other penalties such as loss of the right to serve on, or chair, committees.
Eisenberger recognizes that agreeing to enforcement will be a tricky political issue, but he believes there has to be some mechanism for imposing penalties, whether fines or public censuring.
If council can't decide what those punishments should be, perhaps they should just throw it open to the public. There won't be any shortage of suggestions from that direction.
This is cache, read story here
