Town repeals code of conduct policy bylaw by provincial mandate

By John Watson, Local Journalism Initiative Reporter

Municipalities across Alberta will no longer investigate themselves when instances of code of conduct violation complaints occur amongst local council members. 

The Town of Strathmore voted to repeal their local code of conduct bylaw during the June 18 regular meeting of council. 

“We have yet to see how it is going to roll out, what it is going to be like, how effective it will be, how responsive or nimble it will be if we do have council problems,” said Mayor Pat Fule. “I think I understand the rationale for switching. I have been talking to one of the ministers; there was definitely some concern that there have been some problems on councils throughout Alberta and that it has become unworkable or almost unmanageable.”

The province’s Bill 50 amends the Municipal Government Act. The amendments give the province power to establish procedures for councils and council committee meetings and amend those procedures by ministerial order. 

It is also specified the Regulations Act does not apply to orders made under the amended MGA.

Municipal councils are not able to make bylaws or resolutions under the MGA which address the behaviour or conduct of councillors, or of members of council committees who are not councillors. 

“The thing that was said to me was that they were worried that some councils have been weaponizing the code of conduct and that can be a problem as well,” said Fule. “It can be difficult for a council to discipline itself when things arise. There can be a lot of conflict. You are supposed to be working together and then suddenly you may have to put forward a motion to censure or discipline and then there are times when you have to bring in an investigator and that can be expensive and that is all on taxpayer money.”

He added Strathmore council is, at the moment, waiting to see how effective the new legislation will be to have outside persons and bodies taking responsibility for investigations of councillor conduct, and instilling potential consequences for code of conduct breaches. 

Fule explained communication with the province was minimal prior to the passing of the legislation. Much of the relevant information, details, and rationale were explained to the town after the fact. 

“One of the benefits could be that councils do not have to investigate themselves and there can be that animosity during a council investigation and then people are also supposed to work together professionally. People are human, feelings get hurt and emotions can get raw,” he said. “I would imagine if this new process is going to be implemented for councils across Alberta, whenever the new council is taken in for training, that would be part of it.”

The new practices are anticipated to be more visible following the municipal election in October once new councils are introduced and trained.