Code of conduct created

If the gauntlet is thrown down in city council chambers, the rules to deal with it are now in place.

The document that directs the elected officers of Nelson municipal government in their actions during and in accordance with municipal meetings and business has now been adopted.

A Code of Conduct has been officially adopted by Nelson city council to govern the actions of city council. Although there was no debate during the meeting on the code of conduct bylaw adoption, the creation of the document was not taken lightly, said Mayor Janice Morrison.

“We see that a lack of code of conduct in many jurisdictions continues to be problematic, and weak (codes) even more problematic than not having a code of conduct at all,” she said.

The Code of Conduct for city council establishes a framework promoting ethical behavior, integrity, respect and accountability, enhancing council’s ability to govern effectively and maintain public trust.

“It’s a pretty robust bylaw but it does set the expectations about how councillors behave in a council meeting, and also how they make decisions as a body,” said city director of corporate services, Sarah Winton.

The current code clarifies expected behaviors and provides mechanisms for addressing conduct issues, said Coun. Leslie Payne.

“This is something that is happening all throughout B.C and the country to some degree,” she said. “I think we have all seen the newspaper articles talking about the conduct at various levels of local government, and this is one of the mechanisms that will, hopefully, put a bit of a framework around the value and integrity of working together in local governance.”

Informal resolution is the primary means of resolving concerns between council members, Winton explained, as it is more effective, faster, more collaborative and more efficient than a formal complaint and investigation process.

When a formal complaint is submitted and an investigation warranted, a third-party investigator will lead that process and provide a report and recommendations to council. The code provides several options for remedies.

The code “formalizes the complaint process, which the city has not had formalized up until now,” she pointed out. “This is the primary means of addressing any concerns.”

The teeth behind the bark

The Code of Conduct is intended to be self-enforcing, said Winton.

“However, if not applied impartially, a code of conduct can potentially be weaponized by council members as a tool for personal or political gain,” she said in her report to council. “Accusations or investigations, if handled without fairness or transparency, could be misused to undermine, intimidate, or discredit fellow members rather than address genuine issues.”

Consideration of procedural fairness, confidentiality and unbiased enforcement is essential to avoid misuse and ensure that the code fosters constructive relationships and good governance, she added.

“The intention of council in enacting this code of conduct is not to stifle council members or to limit their ability to fully perform the governmental and advocacy functions that their position entails,” she said.

Some of the key aspects of the code include sections on general conduct, interactions with staff, confidentiality, conflict of interest and a structured complaint process that includes options for individual, informal and formal resolution.

The Code of Conduct will be available on the city’s website.