Whistler's mayor and council is one step closer to adopting a new code of conduct bylaw, complete with six amendments, after the bylaw passed first three readings on May 28.
Under the amendments to the new code (developed at the encouragement of the province) made at the April 9 council meeting, councillors made changes around harassment and discrimination, interactions with staff, complaints outside of jurisdiction, the informal resolution process, the release of final reports on incidents, and reimbursement.
A seventh amendment first brought forward by Councillor Ralph Forsyth to remove the reduction of councillor pay as punishment when found to be in contravention of the bylaw was defeated at the April 9 meeting, and Forsyth brought it up again at the May 28 meeting, describing financial punishment as a “sticking point” for him.
Under the code as proposed to be adopted, councillors who are found by an investigator to be in breach of the code suffer an automatic reduction in pay, prior to any remediation actions that can be voted on by council.
“I don’t think that we should be in the business of docking people's pay for things we feel they’ve said and done,” said Forsyth.
“This is absolute downloading by the provincial government onto municipalities, and all of the encumbrances and responsibilities that it entails, with absolutely no training or understanding of the ramifications that might come forth,” he added.
“If someone is out of line, and you want to dock half their pay, is that the kind of person you want to [welcome back? Is that person not going to resign after, or not show up at all?”
Forsyth suggested instead they leave out remuneration for now, and consider including it at a later date after the ramifications of new codes of conduct around the province were understood.
Coun. Jen Ford was swayed by his argument, indicating she would support Forsyth’s position and consider amending the code in the future, while Coun. Jeff Murl questioned the value in introducing a code without any “teeth” to enforce rulings.
Mayor Jack Crompton said there were “problems” with municipalities around the province, and there needed to be codes that could manage bad behaviour.
“We’re going to have a code of conduct that needs to have consequences. I think financial consequences are reasonable,” he said.
When it came to a vote on Forsyth’s amendment, Ford and Coun. Jessie Morden voted with him, while the remaining four voted against.
When it came to voting on the unamended code as presented by staff, Ford spoke of her support for the bylaw and its need in ensuring proper conduct of councils.
“It’s good, let’s see how it works and hopefully we’ll never have to use it,” she said.
Forsyth voted against the code given the failure of his amendment, but said it was good the municipality had something to ensure proper behaviour.
“I would say this is a complete abdication of the province’s responsibilities to govern its municipalities, which they are solely responsible for,” he said.
Crompton prefaced his support for the final bylaw by saying he was voting for it “with unease.”
“I am concerned about politicians managing code-of-conduct complaints for other politicians," he said.
"Ideally enforcement of local elected officials is managed by apolitical people like judges, so that politics doesn’t drive decisions.”
Crompton listed some concerns with jurisdictional powers, but noted he had opted to not try to change it further because he was comforted by commitments to regularly review the code.
The code ultimately passed 6-1 with only Forsyth against, and council unanimously supported directing staff to prepare a resolution to go to the Union of BC Municipalities asking the province to amend the community charter to include a mandatory municipal code of conduct, and to appoint a provincial municipal ethics commissioner with the power to adjudicate and direct consequences including council member removal for code-of-conduct violations.
The code will come back for adoption at a future meeting, after which point it will be in effect.
