Integrity Commissioner - Update

Members of the City's Accountability and Transparency Sub-Committee and our legal team have been hard at work on a draft bylaw that will move Hamilton closer to establishing an integrity commissioner.

Over the last number of years, the people of Hamilton have witnessed a number of cases where City Councilors have been put in the difficult and unenviable position of having to make judgments about colleagues. Many have felt that it is difficult for elected representatives to sit behind closed doors and deliberate on a case of one of their own and come up with an official pronouncement that will satisfy the public. Creating an integrity commissioner is a good first step to restore a measure of confidence in the efficacy and trustfulness of our elected municipal leadership.

An integrity commissioner would monitor the roles and responsibilities of Council to ensure elected representative adhere to the roles and responsibilities as laid out in the Municipal Act and also the code of Conduct.  We are setting the bar high to ensure that the Mayor and Councilors are completely accountable for their actions and behavior. 

The integrity commissioner will respond to complaints made by the public, City staff, Council or Councilors on alleged contraventions of the code of conduct. He or she would recommend punitive actions (reprimand or suspension of pay for up to 90 days) and release an Annual Report. The integrity commissioner would have authority under the Public Inquiries Act to summon witnesses, reports, accounts, financial reports, electronic data and other property.

There are benefits to elected officials. An integrity commissioner can provide valuable counsel to elected members on possible conflicts-of-interest and also assist when there are questions about code of conduct. This will ensure that everyone feels a sense of fairness in the process.

Mayor Eisenberger sees the integrity commissioner position as part-time and on a per diem basis.  Ideally, a retired judge or civil lawyer with experience in municipal affairs and in determining conflicts. In addition, authority for the integrity would be built into the position along with appropriate penalties and measures.

The Mayor believes it is important for Hamilton to establish an integrity commissioner. Such a position will help restore confidence in those who hold public office and will assist members of Council on issues of ethics and conflict of interest, clarifying their roles and responsibilities as elected representatives.

The requested budget "placeholder" amount approved recently by Hamilton City Council is relatively modest - a mere $50,000 from a budget of millions and millions of dollars. The value of that amount is priceless: integrity in our Council and restored public confidence.

Budget pressures aside, investing in ethics and integrity is of paramount importance for our City. We must find a way to replace scrutiny and suspicion with trust and the way to do that is to move forward expeditiously on establishing an Integrity Commissioner office. The Accountability and Transparency Sub-Committee will continue to put forward recommendations and members of Council will ultimately decide on a final bylaw and how the position will be structured.  As Chair of that sub-committee, the Mayor has requested that preliminary work on the draft bylaw be completed within the next few weeks.
 
Confident that most of his Council colleagues are supportive of establishing an integrity commissioner, Mayor Eisenberger is also aware of the concerns about the scope of the position.  Most Council members in favour of establishing an integrity commissioner seem to be most interested in preventing breaches to the Code of conduct while ensuring that the scope allows genuine complaints from the public to be dealt with.

Mayor Eisenberger and members of the sub-committee will continue to work hard on a made-in-Hamilton solution that will establish a proper bylaw outlining the role and responsibilities of an integrity commissioner. To this point, the major challenge has been time. It has taken more than a year to get to the point of drafting an integrity commissioner bylaw. Despite the challenges, Mayor Eisenberger and the Accountability and Transparency sub-committee are confident that the integrity commissioner position will soon become a reality for the City of Hamilton.

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