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HomeMy WebLinkAboutBy-law No. 2007-127 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2007-127 A BY-LAW TO ESTABLISH A POLICY RESPECTING ACCOUNTABILITY AND TRANSPARENCY WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, S. 270, a municipality shall adopt and maintain policies with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; AND WHEREAS Council for the Corporation of the Municipality of Bayham deems it necessary and expedient to establish such policy under the provisions of the Municipal Act or its regulations by by-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Policy Respecting Municipal Accountability and Transparency marked as Schedule"A" attached hereto and forming part of this By-law be and the same is hereby adopted. 2. AND THAT this By-law shall come into force and effect upon the date if its enactment. READ A FIRST,ASECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF DECEMBER 2007. .tri.4,4,_,k) MAYO CLERK Schedule"A"to By-law 2007-127 Page 1 Municipality of Bayham Accountability and Transparency Policy Purpose/Application The Municipal Act, 2001 (the Act) requires that all municipalities adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. The purpose of this policy is to provide guidance for the delivery of the municipality's activities and services in accordance with the principles as outlined herein. This policy has been developed in accordance with the Act to comply with section 270. Definition(s) Accountability — The principle that the municipality will be responsible to its stakeholders for decisions made and policies implemented, as well as its actions or inactions. Transparency — The principle that the municipality actively encourages and fosters stakeholder participation and openness in its decision making processes. Additionally, transparency means that the municipality's decision making process is open and clear to the public. Policy Statement The Council of the Municipality of Bayham acknowledges that it is responsible to provide good government for its stakeholders in an accountable and transparent manner by: • Encouraging public access and participation to ensure that decision making is responsive to the needs of its constituents and receptive to their opinions; ▪ Delivering high quality services to our citizens; and • Promoting the efficient use of public resources. Accountability, transparency and openness are standards of good government that enhance public trust. They are achieved through the municipality adopting measures ensuring, to the best of its ability, that all activities and services are undertaken utilizing a process that is open and accessible to its stakeholders. In addition, wherever possible, the municipality will engage its stakeholders throughout its decision making process which will be open, visible and transparent to the public. Schedule"A"to By-law 2007-127 Page 2 Policy Requirement The principles of accountability and transparency shall apply equally to the political process and decision making and to the administrative management of the municipality. i. Financial Matters The municipality will be open, accountable and transparent to its stakeholders in its financial dealings as required under the Act. Some examples of how the municipality provides such accountability and transparency are as follows: 1. Annual external audit 2. Annual reporting/statements 5. Purchasing/procurement Policy 6. Policy respecting the sale of land 7. Open Annual budget process ii. Internal Governance The municipality's administrative practices ensure specific accountability on the part of its employees through the following initiatives: 1. Code of Ethics for staff 2. Performance management and evaluation 3. Hiring policy 4. Continuing education 5. Health and safety 6. Administrative practices and procedures recognizing Council's commitment to accountability and transparency. iii. Public Participation and Information Sharing The municipality ensures that it is open and accountable to its stakeholders through implementing processes outlined below regarding how, when and under what rules meetings will take place. The municipality's meetings will be open to the public when and as required under the Act, and members of the public will have an opportunity to make delegations or comments in writing on specific items at these meetings. 1. Procedural By-law 2. Delegation rules 3. Records retention 4. Planning processes 5. Public notice policy 6. Appointment of Closed Meeting Investigator Other Legislative Requirements Other Accountability Measures that the Municipality of Bayham follows that also contribute to ensuring accountable and transparent government include: • Municipal Conflict of Interest Act ■ Municipal Freedom of Information and Protection of Privacy Act