3.1 The Town of Bradford West Gwillimbury is committed to ensuring that the AP System operates in a fair and impartial manner, free of conflicts of interest.
Communication
3.2 This Policy will be posted on the Town’s website.
3.3 This Policy shall form part of the orientation for all Screening Officers, Hearing Officers and AP enforcement and administration staff.
Appointment of Screening Officers and Hearing Officers
3.4 The Screening and Hearing Officer By-law and Policy for Appointment of Screening and Hearing Officers, establish the rules regarding the appointment of Screening Officers and Hearing Officers.
Screening and Hearing Officers shall be appointed and recruited in accordance with the Policy for Appointment of Screening and Hearing Officers.
Screening Officers
3.5 Screening Officers are employees of the Town and therefore must also abide by the Staff Code of Conduct and all Corporate policies.
3.6 Screening Officers must be and appear to always be impartial. Screening Officers shall not review a Penalty Notice for a personal or business acquaintance or Relative.
Hearing Officers
3.7 Hearing Officers, in conducting a Hearing Review, are bound by and shall comply with the Statutory Powers Procedures Act, as well as general administrative common law principles (i.e. procedural fairness, natural justice, impartial and unbiased decision making, etc.).
3.8 Hearing Officers must be and appear to always be impartial. A Hearing Officer shall not review a Screening Decision for a personal or business acquaintance or Relative.
3.9 Hearing Officers must also abide by the terms of any agreement governing the retainer between the Hearing Officer and the Town.
Conduct of Screening Officers and Hearing Officers
3.10 All Screening Officers and Hearing Officers shall:
a) both be and appear to be independent, impartial, and unbiased;
b) avoid all conflicts of interest, whether real, potential or perceived, and promptly take appropriate steps to disclose, resolve, or obtain advice with respect to any such conflict should it arise;
c) not represent any Person at a Screening Review or Hearing Review;
d) not be influenced by partisan interests, public opinion, or by fear of criticism;
e) not use their title and position to promote their own interests or the interests of others;
f) discharge their duties in accordance with the law, Town By-laws and AP policies, procedures and guidelines in effect from time to time;
g) maintain and upgrade their knowledge and competence through their work, by participating in training and education courses as required by the Town, including training relating to implicit bias, and by seeking guidance from their colleagues and the Town, as necessary;
h) remain up to date on changes in the law, Town By-laws, policies and procedures relevant to their function;
i) act with integrity, as they are subject to ongoing public scrutiny;
j) respect and comply with the law and always conduct themselves in a manner that promotes public confidence in the integrity and impartiality of AP;
l) approach their duties in a calm and courteous manner when dealing with the public and others and present and conduct themselves in a manner consistent with the integrity of AP and with their appointment;
m) convey their decisions in plain language, including the reasons where such are required;
n) safeguard the confidentiality of information that comes to them by virtue of their work and not disclose that information except as required by, and in accordance with, the law;
o) in discharging their duties, treat those with whom they deal with in a respectful and tolerant manner regardless of the gender, sexual orientation, race, religion, culture, language, mental abilities, or physical abilities of those Persons, and without limiting the foregoing, comply in all respects with the Ontario Human Rights Code;
p) refrain from openly and publicly criticizing the administration of AP or the conduct of others, including Town employees or members of Council. Screening Officers and Hearing Officers shall acknowledge that only the Director or Manager of Legal Services may speak publicly on behalf of the Town’s AP program. Any criticisms, suggestions or concerns related to AP shall be communicated through appropriate channels to the Director or the Manager of Legal Services;
q) deal with the matters that come before them in a timely manner and make themselves accessible to those requiring their services; and
r) not knowingly exercise a power or function for which they have not been trained or designated.
Conflict of Interest
3.11 A conflict of interest arises where a Screening Officer, Hearing Officer or Town employee involved in the administration of AP, or any Relative of same, has a direct or indirect personal or financial interest:
a) such that they could influence a decision made in relation to AP;
b) that may affect the performance of their job duties in relation to AP;
c) that conflicts, might conflict, or may be perceived to conflict with the interests of the proper administration of AP; or
d) that may adversely affect the reputation of the Town as a public authority in relation to AP.
3.12 A conflict of interest includes a pecuniary or non-pecuniary interest, actual, perceived or potential conflict, that could arise in relation to personal or financial matters, including but not limited to:
a) directorships or employment;
b) interests in business enterprises or professional practices;
c) share ownership or beneficial interests in trusts;
d) professional or personal associations with a Person;
e) professional associations or relationships with other organizations;
f) personal associations with other groups or organizations; or
g) family relationships, including Relatives.
Preventing Conflict of Interest
3.13 Without limiting the foregoing, Screening Officers, Hearing Officers, and all persons involved in the administration of AP shall avoid activities or circumstances that create conflicts, whether real, potential or perceived, between their personal interests and their responsibilities in relation to AP, including situations where their personal interests or the perception that their personal interests could influence any decisions they make on behalf of the Town. Any obligation, interest, or participation, which would or could interfere with the fair and impartial administration of AP or the exercise of judgment in relation to AP, constitutes conflict of interest.
3.14 The keys to preventing conflicts of interest are identification, disclosure, and withdrawal from the Power of Decision with respect to a Screening Review or Hearing Review.
3.15 The need for identification, disclosure and withdrawal from a Power of Decision or administrative role in relation to AP applies to any real, potential, or perceived conflict of interest.
Reporting Conflicts of Interest
3.16 Every Screening Officer, Hearing Officer or Town employee involved in the administration of AP, must disclose, in accordance with this Policy, any obligation, commitment, relationship or interest that poses a real, potential, or perceived conflict with their duties in relation to or interests in the administration of AP.
3.17 Screening Officers and Town employees involved in the administration of AP shall notify the Manager of Legal Services of any conflict of interest, real, potential, or perceived, that they may have in relation to a matter.
3.18 If a Hearing Officer becomes aware of any real, potential, or perceived conflict of interest, the Hearing Officer shall notify the Manager of Legal Services.
Assignment of Alternate Screening Officer or Hearing Officer
3.19 Where a real, potential, or perceived conflict of interest is reported by a Screening Officer or Hearing Officer, as set out in this Policy:
a) in the case of a review of a Screening Review or Hearing Review that has not yet commenced, the Manager of Legal Services shall assign another Screening Officer or Hearing Officer to conduct the review to avoid actual, potential, or perceived conflict of interest; or
b) in the case of a review of a Screening Review or Hearing Review that has commenced:
i) the Screening Officer or Hearing Officer shall adjourn the review and withdraw from the Power of Decision; and
ii) the Manager of Legal Services shall cause the Screening Review or Hearing Review to be recommenced and rescheduled with another Screening Officer or Hearing Officer.
3.20 If all appointed Screening Officers and/or Hearing Officers have a conflict of interest with a matter, the Manager of Legal Services shall retain another Screening Officer or Hearing Officer to handle the matter that is the subject of the conflict of interest.
3.21 The Manager of Legal Services may consult with the Director, or their designate, for further guidance about this Policy.
