City Council requested that the Integrity Commissioner provide advice about members’ interactions with the TLAB. In this report, the Commissioner provides the following advice:
Interacting with the LAB Nominating Panel and the Appointment Process
- Members of City Council and their staff should not request information from any person in the Office of the City Clerk with respect to the work of the LAB Nominating Panel.
- Members of City Council and their staff should not have discussions with members of the LAB Nominating Panel while the Nominating Panel is constituted.
- When provided with recommendations for nominees to the TLAB, City Council should either: adopt the recommendation(s); or, request that the Nominating Panel return with alternate recommendation(s). City Council should not substitute its own nominee(s) in place of the recommendations of the Nominating Panel.
Interacting with the TLAB
- Members of City Council and their staff should not have any discussions with any member of the TLAB.
- Members of City Council and their staff should not appear before or make representations of any kind to the TLAB in relation to a specific matter.
Representing the public and advancing the well-being of the City with respect to TLAB matters
- Members of City Council may represent the public and advance the well-being of the City as it relates to matters that come before the TLAB by participating in decisions about whether the City should take positions for or against matters at the TLAB.
- Members of Council and their staff may provide information to the community about matters coming before the TLAB and about the TLAB’s policies, procedures and processes. When communicating about the TLAB members of Council should use care to enhance the public’s awareness that the TLAB is independent from City Council and the City Planning Division.
At its November 8 and 9, 2016 meeting City Council received the advice and requested that the Commissioner monitor the TLAB’s first year of operation and provide additional advice in the future. The Commissioner expects to report back to City Council pursuant to its request in 2019.
Legal fees incurred by members of Council not covered by the City (Printable document of the information below)
Members of Council have asked in the past about how they can pay legal fees which are not subject to the City of Toronto indemnification policy or payable by the City. [See Attachment 1 for legal fees payable by the City]
Members have asked whether it is an improper gift or benefit under the Code of Conduct for Members of Council(“Code of Conduct“) if other people contribute to a member’s legal fees. This interpretation bulletin is intended to assist members of Council who may have incurred legal fees.
Article IV of the Code of Conduct: Gifts and Benefits
The City of Toronto has a “no gifts or benefits” rule unless the gift falls into one of the specific exceptions in Article IV. The Code of Conduct does not have any exception for a public official to receive funds from a member of the public to help pay for the member’s legal fees. A copy of Article IV is attached to this bulletin for ease of reference.
This means that when it comes to defraying legal expenses that are not covered by the City, members of Council may not hold public fundraisers, use the resources of their offices to seek contributions, or receive contributions for this purpose from members of the public, lobbyists, clients of lobbyists, developers, community groups, union leaders, corporations or businesses who are hoping to do business with the city. Members of Council should refrain from speaking about their debts while acting in a public capacity to avoid the impression that they are asking the public at large for a gift or benefit.
In the case of legal fees that are not covered by the City of Toronto, the Code of Conduct is not intended to apply to private arrangements for contributions. A member of Council in his or her private life may have relatives and friends who are able and willing to help defray the costs of legal proceedings. This is consistent with past advice from the Office of the Integrity Commissioner and continues to be the position of the office.
The question of whether or not a contribution is from a “private” source rather than a public source is a question of fact.
Examples may include a close relative (so long as that relative is not a lobbyist or otherwise excluded) or a long time family friend. Members are advised to err on the side of caution and decline to accept doubtful contributions from persons who might want to do business with the City. Members are also advised to keep careful records of the source, nature of the relationship to the contributor and the sums received to enable them to satisfy, if required, concerns about compliance with the Code of Conduct
Members are encouraged to consult with the Integrity Commissioner for confidential advice on this question.
Finally, this bulletin does not cover all other laws that may apply to members of Council who receive loans, donations or benefits. As set out in the Code of Conduct, members are expected to be aware of the provisions of the Municipal Elections Act and other provincial or federal statutes that may apply in those circumstances.
- Attachment No. 1 – Members of Council and Legal Fees
- Attachment No. 2 – Article IV (Gifts and Benefits) of the Code of Conduct for Members of Council
- April 20, 2011
- Members of Council
- Linda L. Gehrke, Lobbyist Registrar
Janet Leiper, Integrity Commissioner
- Lobbying During Procurements
This memo is a reminder to Members of Council that lobbyists are prohibited from communicating with public office holders during a procurement process, except as permitted by the applicable procurement policies and documents.
In City procurements, the City’s Procurement Processes Policy prohibits lobbying from the date the REOI, RFQ, RFP or other tender document is released until the award or the contract. This is commonly called a “blackout period”. If the award or the contract is made by Council or a committee of Council, the blackout period includes the period of time up to the decision awarding the contract.
The lobbying prohibition applies to all lobbyists, whether or not they are bidders in the procurement.
Lobbying is prohibited during the period before a committee or Council meeting where the award or the contract is considered. Lobbyists are permitted to make presentations and submissions to Council and committees, but they must not communicate with councillors in private conversations about a procurement during a procurement process. In addition, the Code of Conduct for Members of Council provides that members of Council should not knowingly communicate with a lobbyist who is acting in breach or the Lobbying By-law.
We would suggest as a best practice that your administrative staff ask lobbyists who wish to speak with you whether they wish to speak about a procurement. Meetings and calls from lobbyists about procurements should be declined.
We are happy to advise you about any questions you may have concerning lobbying in a particular situation. Our advice is confidential. For questions about the Members’ Code of Conduct. you may reach Janet Leiper al 416-397-7770. For questions about the Lobbying By-law and lobbyists, you may reach Linda Gehrke at 416-338-5865, a Lobbyist Registry Advisor at 416-338-5858 or Stephen Littlejohn, Inquiries and Investigations Counsel, at 416-338-6620.
Linda L. Gehrke,
Consolidated Reference Letter Policy (Printable document of the information below)
December 21, 2014
Consolidated Policy about Letters of Reference
At its July 25, 26, 27, 2006 meeting City Council passed the following rules and guidelines about the provision of references for individuals seeking employment or appointment with the City and in other capacities. What follows is a consolidation of the approved rules and guidelines.
References for City of Toronto Positions
With respect to references for those applying for employment With the City of Toronto or appointment to a City agency, board or commission, or any other position or office with the City:
A. a Member of Council shall not provide a reference in support of an applicant for employment with the City of Toronto or appointment to a City agency, board or commission, or any other position or office with the City of Toronto, unless that Member of Council has had an employment or other relevant relationship (such as that of teacher or volunteer group supervisor) with the person requesting the reference;
B. even where there is such a relevant relationship, a Member of Council shall not provide a reference for any person (a) who is a relative of the Member of Council as defined in the City of Toronto’s October 2005, policy regulating the hiring of relatives of other employees or (b) whose only relevant relationship with the Member of Council has been as a member of the public service of the City of Toronto or a City of Toronto agency, board or commission (with the exception of a Member’s own staff);
C. in the case of City of Toronto agencies, boards and commissions (and any other situations in which Members of Council participate as decision-makers in a City of Toronto hiring or appointment process), no participating Member of Council shall act as a reference for a candidate for appointment or hiring, and, where a participating Member of Council would otherwise be eligible to act as a reference, the Member of Council shall declare that fact to the appointing authority; and,
D. for the purposes of these rules, providing a reference includes both written and verbal references and any other form of intervention on behalf of the person in question. However, it does not extend to sending on (without comment) letters of inquiry about possible positions with the City of Toronto to the relevant hiring authority.
Other requests for references
With respect to reference in any context in their capacity as Members of Council, Council approved the following guidelines:
Unless the circumstances clearly indicate otherwise, Members of Council:
A. should not provide references where the only basis for doing so is to use the influence of your office or to help someone you know merely as a constituent, friend or relative; and
B. should confine the provision of references to situations where you have relevant personal experience with the candidate.
This Consolidation was prepared by the Integrity Commissioner strictly for ease of reference. In the case of any discrepancy between this consolidation and the original Council decision, the Council decision takes precedence.
This protocol, issued by the Lobbyist Registrar and Integrity Commissioner, clarifies the obligations of members of council or their staff acting on their behalf when they receive unsolicited written or electronic communications.
Chapter 140 of the Toronto Municipal Code, Lobbying defines lobbying as communication with a public office holder about listed subjects, which generally relate to decisions that Council, its committees or other City officials may make. Communication is defined as «expressive contact,including written and electronic communication».
Article XIII, Conduct Respecting Lobbyists of the Code of Conduct for Members of Council provides in part:
Members of Council and their staff are public office holders. As a matter of general principle, as public office holders, members of Council should be familiar with the terms of this Lobbying By-law inclusive of the Lobbyists’ Code of Conduct (Chapter 140).
Specifically, members of Council should not engage knowingly in communications in respect of the list of subject matters contained in the definition of “Lobby” as set out in Chapter 140 with a person who is not registered as required by Chapter 140. Members of Council should also not knowingly communicate with a registered lobbyist who is acting in violation of Chapter 140. (Underlining added.)
A member does not contravene this Article when a member (or the member’s staff on the member’s behalf) simply receives an unsolicited written or electronic communication. This exception applies if the member (or the member’s staff acting on the member’s behalf) does not take any action on the basis of the communication or respond to the communication. This exception also applies if the member (or staff acting on behalf of the member) sends a form letter in response to all unsolicited communications. When this exception applies, there is no duty on the member to take further action under this Article.
May 21, 2009