Administrative penalty system and accountability reports

Okay, everybody, I'd like to call the meeting to order, if my friends online would mind. Putting their videos on for us. We'd appreciate that. Thank you so much. We got regrets, officially, from Clawson. And with that, as I said, I'll call the meeting to order. Is there any disclosure? Of pecuniary interest any general in each other of for the item that we're looking to move into closed session on. Hearing and seeing none. We do have just one ahidhum that we're jumping in camera for, which is February 2025, public appointments for the Guelph Cemetery commission. It's under section 2392. B of the Municipal act regarding personal matters about unidentifiable individual, including municipal or local board employees. Alt is willing to move that for us, I believe. Thank you. And who wants to second that? One. All right, I'll stick with. Pink, which I think is what the color of circular Cayton's sweater is, so. We'll second that one. And with that, I'll call the vote. Is

anyone against? No one. All right, we will see everybody in camera for a moment. I'll do the high level summary when we come out. Thank you so much.

Hi there. Our in camera meeting is now done, but because the open session now. Does not start till 06:00 we won't convene back until that time. And I'll do the high level summary for the closed session starting at 06:00. Okay. Thank you very much.

All right, everyone, I'll call the meeting to order. In the open session if I could just have my friends online. Turn their cameras on for us just to make sure we have everyone. Thank you so much. Just before we head into the open session agenda as listed on the agenda, we did have a moment. Just about a half an hour ago where we went into closed session, and it was only in regards to one matter, which was the February. 2025, public appointments for the Guelph Cemetery Commission. Council did meet on that. We had a discussion on that, and we have a decision and direction. On that, which is why I'm going to go over to. Councilor. Or rourke, I believe. Who is going to move? The appointment that we discussed in camera over to you. Okay, I moved it. David Kennedy be appointed. To the Guelph Cemetery Commission for a term ending November 2026 or until such time as a successor is appointed. I believe councilor alt is seconding. Yes, that's correct. Thank you, Councilor alt. And if there's. Anything more. Anybody? Doesn't look like it. So it looks like I can call to vote.

On that appointment. Is there anyone against that? No. Okay. I'm just making sure that we still have councilor Katen with us. No. Okay, that's fine. There's no problem. Okay, so that still passes, though. Now we're going to move into our open session and. With that, I'd like to ask you if you're able to please stand as we recognize our national anthem.

Well, thank you, everyone. As we continue, just a moment of silent reflection.

Thank you. And now, our indigenous territorial acknowledgment. As we gather, let us. Take time to reflect on our privilege to live and work in wealth. A city that's built over rich indigenous histories. We're guests here, and we should reflect upon the responsibility to care for this land and the people who live here today. And the generations to come. If our actions today can move us towards reconciliation, we should take pause and make those decisions with intention and gratitude. This place we call Guelph has served as traditional lands and a place of refuge for. Many peoples over time, but more specifically the Anawana rock and the honey. This land is held as the treaty lands and territory with the Mississaugas of the credit First Nation and Guelph lies directly adjacent to the Haldeman track, and as part of a long established traditional hunting grounds for the six nations of the. Grand river. Many First Nations, Inuit and Mati people who have come from across Turtle island call Guelph home today. Thank you for that. And is there any disclosure of pecuniary interest or any general nature thereof for any of the items in front of us for the open session. Hearing and seeing none. And again, the only regret that formally that I received today was

from councilor. Clausen for good reason. All right, with that, we're going to head right into. Just some recognition around heritage designations. Excuse me for a second. I just like to thank many people who have come here. Tonight. Just a little bit earlier than the council meeting. To. Receive some designation plaques. For some of our heritage. Assets. That's what they are. Assets within our community. And so I just have something to read here just to kind of frame it a little bit. Better for everyone that might be listening in. And then I would love to also have some of you that are here. Not some of you. All of you that are here to come down. When I call your names. We're going to take a group photo just where the banner is there with everybody, okay, now. While I read this, though, on the screens. You will see scrolling some of the pictures. And some of the addresses of some of these heritage assets. So as an important final step in the heritage designation process,

it is the installation of a plaque. That the owner can proudly display to identify a built heritage resource that is being conserved. This marker helps the viewer to recognize the property as a cultural heritage resource that is being protected. For future generations. And we really want to acknowledge the following property owners that are receiving a heritage designation plaque tonight, and on behalf of council and the community, thank you so very much for your cooperation in this designation process. The pride that you're showing in your heritage. Property ownership does help wealth maintain its rich. Cultural identity and a sense of place. So with that. There are several that are here. And. What I'll do is I'll call everyone's name and then we'll. Do a big collective clap after that, so that we just do one big clap for everybody. So for. 65 Delhi street. We have Paul Skinner here. That's on behalf of the county of Wellington. We have Mike Gusterville. That is here for twelve Aramasa Road. We also have James. And am I saying

this right? Is it pluth? ELLIc I'm so sorry. So thank you very much. Is here for 49 Metcalf Street. Steven lit. Is here for 14 Neve Street. And at 121 Ontario street, we have Rushika. Is. Am I saying that right? Don't. Know where you are. Oh, there you are. Okay. Angrish, manager of planning from the upper Grand District School board. And then finally, we have 408. Willow Road, which is Karen and Paul. Fair Harvey. I hope I'm saying that right. I'm seeing nods over there, so we just really want to thank you all for being. Here to accept this and to be part of this recogn. Recognition. So let's give that huge round of applause to everyone. So feel free to. Feel free to come on down in front of this here. We'll do a big group photo, okay, with some of our staff and yourselves, okay?

Okay, thank you. I'll just call the meeting back to order up here. Now that the recognitions are done. Thank you, everyone. So we do have confirmation of open minutes, and that is that, the open minutes. Of council meetings held on the 14 January, 21st, 22nd and 28 2025. In the open meeting minutes of the Committee of the whole on January 4, 2025, be confirmed. As recorded and without being read. Would someone be willing to move that for me? Downer and. Bustel. Is there anything more on the minutes? Hearing and seeing none. I'll call it a vote. Anyone against the minutes? Nobody. That's unanimous. Thank you. In the consent agenda, we have the administrative penalty systems bylaw and policies along with the internal audit work plan. Does anyone need to pull any of those two items? No. Maybe Koran, since a lot of it was kind of. Your department. Okay. Thank you. Moved by Quran for consent. Downer will second that. Okay, thank you. And is there anything more on consent? I'll call the votes. Anyone

against? No, thank you, everybody. Thus passed unanimously. We do have a presentation right now. Actually, two of them. One on the annual report from the integrity commissioner for 2024, and the second one, which will be a first for us is on the lobbyist register. So at this time, do the clerks. Are we pulling in, John?

Hi, John. It's Mayor Guthrie. Can you hear me okay? I can hear you, Mr. Mayor. Can you hear me? Yeah, we can both see and hear you. Thanks a lot for joining us. John. Thank you. And I will just turn it right on over to you for your update. Thank you. Very much, Mr. Mayor. Good evening, Mr. Mayor, members of council, I'm Sean Mascarin. I lead the integrity commissioner team at Aaron Burles, we've been your integrity commissioner. Since, I believe, January the first, 2021, so. This is our fourth annual report. Already? Yes. We are very pleased to be your integrity, commissioner. And this is my fourth annual report that. I'm delivering. I think in prior years, I had indicated that you had received a clean bill of health. I pretended to be a doctor. I think last year I was a school principal. Indicated that you had a good report card and I will have a nice summary for you at the end of the presentation this year. As I indicated, this is the fourth report. It covers the period of January the first, 2024.

To the end of December 2024. So the calendar year. We received four complaints last year. Under the code of conduct, we did not receive any complaints or any applications under the Municipal Conflict of Interest Act. The reports are summarized. There. Sorry. The issues are summarized for the complaints. That we looked into. You'll see that. At the very bottom of the first page of our. Sorry. The first page of our report. I refer to? Two complaints that came at the end of 2023 and one that was filed at the beginning. Of 2024. They were all related to the same matter, dealing with. Issues relating to social media. We found no contraventions by the member of council that we investigated. But we provided a caution that. Any council members that are using social media to. Please be very careful with how to do so. Always be civil,

respectful and courteous. And always remember that. You're sending out something that's instantaneous, worldwide disseminated, and. You're interacting directly with people. So you may not get the response that you think you're going to get sometimes, and so please be very careful with what you send out. We did get a second complaint. And we made no finding except that the complaint was out of time. And your code of conduct? Is very clear. We have no jurisdiction to review any matter that comes in beyond 60 days from the event occurring. So we had to stop this and indicate that. We couldn't review the matter. So we have no finding whatsoever whether there was any contravention or not because we are precluded from your code of conduct, from reviewing the matter? There was a complaint filed. That. Alleged that a member had overreached their responsibilities as a member of council and was speaking on behalf of council. We felt

that the member had acted within their strictures as a member. Of council, and there was no contravention of the code of conduct. In that matter. And finally, we received a complaint dealing with gifts and benefits, and you will recall that I appeared before you sometime in, I believe, mid November. To bring forward a report which was not a code of conduct complaint investigation report. The reason being is your code was a little unusual, and I mentioned this at the time. It requires the integrity, commissioner. If we give advice to a member of council, but. We discover in giving the advice that there may be a potential contravention of the code. We are to bring that to the attention of council and write a formal report. I did do. So that was a matter in which the mayor had reached out to us and self disclosed that. He believed that. There might have been an issue. With respect. To a matter in which he had received. Some hospitality. He was correct. We ended up determining that

that was an improper. Gift, benefit or hospitality? But we did not believe that the mayor had acted inappropriately. Given. The matter, how it proceeded. And so we found. No. Ultimate. Sorry. We found perhaps the contravention of the code, but one that could be excused. As an error in judgment, and we proceeded and we fully reported that. Emanating out of that something that we had recommended to the mayor. The mayor put forward a motion to make certain amendments to your code of conduct. To address that particular situation. I believe those amendments are coming forward and they will be dealt with at the meeting on march. The fourth. My partner, Lordine, will be speaking to that. She has been making those amendments. And a couple of other amendments which we will not report on this year's annual report. But stay tuned. They will be forthcoming on March the fourth. That's it. With respect to the complaints, as I indicated. There were no applications under the Municipal Conflict

of Interest act. Which leaves then, the matter of advice. The unheralded benefit of the integrity commissioner system. Where members of council, members of local boards can reach out to the integrity commissioner and seek advice and again. We suggest that you please do so. If you're unclear and. You don't know if you have conflict of interest. A potential issue under the code of conduct or a matter under the municipal conflict of interest act. That you would like to get some advice on to prevent.

Members of council have reached out to us, members of local boards have reached out to us and in all instances, you've been very respectful and have adhered to your requirements that the requests be put to us in writing. There's several reasons for that. First of all, if you put it in writing, then. We have a record of what you have asked in the background. Facts. Two, it allows the integrity commissioner to consider the matter, assess the matter and to be able to give cogent, proper valid advice, as opposed to, hey, can I call you? And then we're given a barrage of information, and we're asked to make. An assessment on the spot, which, I have to admit, it's not fair to us. So I have to commend members of council. You've been very respectful, and I. Think in almost all instances, every member that's reached out to us has done so in writing. And has given us the appropriate background facts. A couple of times we've had to go back and ask for some clarifications. We've given advice on the municipal conflict. Of interest act. We've given advice with respect to the code of conduct

with respect to particularly council staff relations and how those are. To be. Worked on. And put forward so that. There is an understanding that. Each arm of the municipality stays within its own lane. And we've given advice to members of local boards as well. Primarily on matters of conflict of interest. So we've given a variety of advice this year. On a variety of matters that. Have come in. So we remind members because a number of questions dealt with the council staff relation, policy and matters. On how to deal with the public that members. Are always. To remember that you're there to serve the public and the public is to be respected. Potentially. Sometimes they're not terribly respectful towards you, but you should always deal with them a proper civility, respect and a degree of professionalism,

because everyone deserves. Your respect. Especially. When there's divisive or contentious or polarizing issues, please. Always attempt to take the high road. It'll hold you good. In the long run. As I indicated. We have been asked to provide our advice on several proposed revisions to the code of conduct and those will be coming forward. As I indicated earlier, on March the fourth, We were thinking of making some more extensive revisions or suggesting more extensive derivatives of the code. We are backing off of that. As you know, the province had proposed. Bill 241. And with that. Was a suggestion that the province would come back. And provide. A uniform provincial wide code. So, in conversations with your staff, we have agreed that we will stand. Down and wait to see if a version of Bill 241, which died on the order paper, will come forward. With any

government. That's elected following Thursday's provincial election. So stay tuned. There may be some suggestions for modifications. Or we may stand down and wait for the provincial unified. Uniform code. If it's proposed in that way. In closing remarks, We will closely monitor whatever iteration of Bill 241 comes out, and we will undertake to report any material or substantive changes that may be needed to the code of conduct. Or the protocol or any other thing to do with municipal accountability framework. So again. I will conclude this presentation. Be happy, Mr. Mayor, to take any questions from you or any other member of council. I have no reason to believe that there's any issues. To really concern ourselves with the ethical integrity of this particular council and the members of this council. And the members of your local board. So, given that it's tax season, if I were your accountant, I would advise you that. Your financial statements

are all clear and in good order. With that, Mr. Mayor, I've concluded my presentation, but I will be happy to take any questions that you or any members may have. Of me. Thank you. All right. Well, thank you very much. And we're all hoping for good tax season reports. Looks like I only have one councilor Gibson. And councilor. After that. Thank you, Mr. Mascara, for coming today. And thank you for the report. I think I know the answer to this, but maybe I'll ask it anyway. Are you willing to tell counsel? In the public with the nature of the complaints. Were they coming from fellow counselors or were they coming from the public? The complaints, I believe. Were all from members of the public. The four complaints that came in. Five complaints that came in, I believe, were all from the public. And. They weren't council member initiated. Okay. Thank you very much. I appreciate it. Thank you. O'rourke, please. Thanks, Mr. Merritto. Mr. Ms.

Karen, I have two questions. And first, thank you. Because when I've asked questions, it's come back the next. Day, lots of detail and. Very clear and very comprehensive. So I appreciate that. Tell me if I'm stealing your thunder. And whether this will be addressed. In the next hode. But what are the pros and cons of modifying the code? So that we align with other municipalities in terms of the if advice identifies a contravention. So, should we align, or is that a good thing? To find a contravention, even if it's inadvertent. Through you. Mr. Mayor, the councilor O'Rourke, thank you very much for those comments and. Your questions. So I just found the provision unusual. I haven't encountered that in any other. Code of conduct that I've seen now, admittedly. The ones where I'm integrity commissioner. I typically drafted the codes whether I inherited something and then asked it to be changed or we were the original integrity commissioner. I haven't seen that, though, in any other code. It was a little unusual. It threw me for a loop when I first saw it, and I

said, wow. I actually have to go now. And write a full report. Where sometimes you may not have to do that. One of the things that integrity commissioners are aligned on and your lobbyist register will probably tell you the same thing because she is the acme. Of integrity commissioners is that integrity commissioners can investigate, but they don't have to investigate in every case. There may be all sorts of reasons why a complaint. Isn't necessary for an inquiry. A full inquiry or a full investigation, and therefore it can. Be summarily dismissed, terminated with maybe just a notice being given to the complainant and. The member, and sometimes the member doesn't even know. Sometimes we deal with the complaint and it's over and done with because it doesn't deal with anything that needs to. Be reported on, so. I found it unusual. I must say, I think it had its public purpose. In your particular case, it got something out. Through the open, as I indicated, and I disclosed that it was about the mayor because it was a public report, and the mayor had self disclosed, self declared that he had an issue and wanted some

advice. But I was surprised that it was there. So again. I would not have suggested that it'd be put in the code. I don't. Think it needs to necessarily be wrenched out right now, but it is an unusual provision. Okay. Thanks. I appreciate that. We can consider that further, I suppose. And then in your report. Sorry, I just lost my spot. There. There's a reference to significant pecuniary interest, and I think we probably. Asked this every year, but we've had conversations around this horseshoe. Around? I have a membership. For this organization. It's worth $10 or something. And I'm part of that. And with me, my husband has a membership to this thing. And they're involved in a land deal, so I'll recuse myself. But what is significant? So I've often pondered, like, really, it's like a $10. Membership, right? So. How do we evaluate that? Is it best to ask you whether it's significant ahead of time. Is it? In case someone ever. Because you also don't want to recuse yourself from a vote. Where?

You should be weighing in. Yes. Through you, Mr. Mayor to councilor rocket. That's a very good question, and I often say. Here's the law. The law says. It doesn't actually really matter what value is, even a nominal value. And the case. That's always brought out is a case called Darcy versus Mino, where the amount of stake was $300. Now, anyone may say that's a significant sum of money, right? But. Everyone brings that out to say, well, I don't know. It's a relatively smaller amount of money, and so you wouldn't think that someone could be influenced by $300. And yet the court says it doesn't really matter. What the value, what the dollar value is. So something that's $10 registration fee or something that you're a member. I would say that's probably a de minimis. Matter and that. It's not important. Nor significant, which are the two words that are used. In the exception in section four of the municipal conflict of Interest act, which is matters that are so insignificant or so remote that. They

won't actually be considered by the public to influence the member in having. Making a determination on the question. So if. You have any idea or any concern about any matter, then I would suggest just reach out, but. If it's something as minimal as a $10 registration fee. I don't think something like that. Would be a material matter or a significant matter that anyone would believe. Would influence your vote. As the number gets higher, it's much more difficult to tell where's the breaking point. $100. 200, 500. And that's why I would suggest that in any individual case, a member can easily reach out. And I do try to get back within 24 to 48 hours to any member that puts a written request, so that's my answer. Councilor rock. Always very helpful. Thank you. Thanks. Seeing nothing further. Thank you, John. We hope to never hear or see from you ever again. Thank you very much, Mr. Mayor. I know you say that. With the most

love and respect. For your sake, I hope I don't have to show up other than maybe an education. Or training. So thank you again, Mr. Mayor. It's our honor and privilege to be your integrity, commissioner. And again, Commendments to counsel for their ethical standing. The sheriff. Good night. Appreciate. Have a great night. Thank you. Thank you. Okay. Can I have a motion? To receive the report, please. Downer, please. And Quran is second. Thank you. Oh, sorry. I'll go this way. Next. Time. See nothing further. Anybody? No? Okay. Is anyone against receiving? No. Okay, that's unanimous. Thank you. And then our next presentation. And the last one for this evening is the 2024 annual report of the lobbyist Registrar. Suzanne Craig is going to give us a quick overview, an update. On that and. We'll get Suzanne on the screen, I would imagine. There I am. Hi, Suzanne. It's Mayor Guthrie. How are you? Very well, your worship. Happy? To be here. Thank you so much

for joining us. And we'll just turn it right on over to you. We can both hear and see. You well and you can. Give us your update. Thank you. Thank you. Good evening, Mayor Guthrie, members of council, it's a pleasure to be here tonight to submit to you the annual report, the first annual report of the office of the lobbyist registrar for your consideration and receipt. As you know, this is the first annual report since I've been appointed as your lobbyist. Registrar. The city of Guelph enacted the bylaw number 2024 29 39 to. Establish and maintain a lobbyist registry, and the intent of this bylaw is to enhance transparency. And accountability by requiring. Individuals who lobby public office holders to register and file returns detailing their lobbying activities. The bylaw came into force in October 2024, with penalties for non compliance effective as of January the first. 2025. The bylaw has obligations for lobbyists only while. Members of council may advocate for the regime and act as ambassadors for the regime. There is not an

obligation on the part of members under the current bylaw, as is a case with almost all of the municipalities that have a lobbying regime, except for the city of Toronto, where there is a corresponding obligation for members of council. As lobbyists registrar for the city of Guelph. My responsibilities include providing advice, opinions, interpretation. Pertaining to the administration of the registry, conducting confidential inquiries, removing a registration or return, and advising city council on lobbying matters, recommending improvements to the bylaw from time to time as set out in. The report before you advise that lobbying activities under the bylaw is in large part. A positive contributor to debate at the municipal level and is an important part of accountability at the city. The registry, as you contemplated when approving its creation, affords greater transparency of who is communicating with which member of council on what issue? For many in the business community and in the general public, the question is often asked when a municipality institutes a lobbyist registry. Who is a lobbyist and is lobbying a good thing? The issue isn't the influence of lobbyists, who are often knowledgeable professionals or business people. Who play an

integral role. In guiding you elected officials through the various complex policy issues. That intersect with the private sector on what you will deliberate. The real issue is without a lobbyist. Registry regime. Some lobbyists try to influence disproportionately certain elected officials without transparency, a lobbyist registry and a robust lobbying regime allows transparency and decision making. A lobbyist registry bylaw governs the transparency of access to members of council and senior administration who are public officeholders under the bylaw, and this is vital to your local democracy. Thus, lobbying is not restricting access, but rather it is regulating access to allow for a level playing field with all who. Interact with you. The online registry allows the public a window into government decision making. Real time. The lobbyist code of conduct adds standards of conduct for lobbyists that promote public trust in government. Decision making. Lobbying is a legitimate and useful activity when the bylaw standards of transparency and conduct are. Followed. As is the case in your lobbying regime, businesses with a financial interest will not be considered.

To be lobbying if the communication is part of the city's procurement process or the planning process or by invitation by the city. In other words, this additional accountability regime that you've enacted does not disrupt businesses interact. Interacting with city officials, but rather allows greater transparency into the communication that will inform your decision making. In terms of enforcement of the bylaw rules following the completion of an investigation, if I receive a complaint. My office determines that there is a contravention, I may impose penalties that are outlined in the bylaw, which include, for a first offense up to 30 days, prohibition from lobbying a second offense, up to 60 days prohibition from lobbying and a third offense, 90 day prohibition from lobbying or up to a permanent bandwidth communications at the city add. Additional measures that I may impose include mandatory education training sessions for the lobbyists. The registry is in its first year, and I'm pleased to report that I have received no formal complaints in this reporting period. An important part of my role as your lobbyist registrar. Is to provide education on the regime. To that end, in collaboration with the office of the city, clerk. As I point out in the report before

you, in September 2024, my office particip. Participated in two public information sessions and two council information sessions at which general information on the lobbyist registry bylaw was provided and questions answered. Since the registry went live, there have been 40 registered lobbyists. There have been 24 returns or communications with public office holders. The last part of the report before you sets out some of the examples of questions I received. And the answers I provided. I'd like to conclude by thanking council, mayor and members of council for their confidence in appointing me to this role. The courage to adopt a lobbyist registry demonstrates, I believe the mayor and members of council's commitment. To walking the talk of accountability and transparency in decision making. I applaud you for taking this bold move. Lastly, I'd like to thank the city clerk and his staff for their assistance as I got up to speed in taking on this role. Thank you very much, members of council, and if there are any questions, I'd be pleased to take them at this time. Thank you so much, Suzanne, for your presentation. We do appreciate it. And let me see if there's any

questions from anybody. There is not lucky you. So thank you again. Sorry, councilor Hall. I think I saw your hand go up. Is it to move the recommendation? Okay, so I'll just. Give me 1 second to say goodbye to our guest. Thank you. Very much. Thank you, Mr. Mayor, members of council, we'll see you next year. Hopefully there'll be nothing until then. Good night. That's what we're hoping. Thank you. Again. Bye bye. Good night. Thanks. Councilor Alt is willing to move receipt and councilor Richardson is willing to move as a seconder for that. Is there anything further on that item, that presentation? No. Okay, I'll call the vote. Is anyone against? That receiving of the annual report of the lobbyist register. Nobody. Okay, council or billings, you are up for us on the agenda for the adoption of our bylaws. I'll turn it over to you. We'll move. And it's seconded by councilor Gibson that bylaws. 2002 521051 and 2002 521053 through 2002 521057 be

approved. Subject to section 284.14 of the Municipal Act. Thank you very much. Moved and seconded. Is there anything further on the bylaws? Not. Seeing any. I'll call the vote. Is anyone against the bylaws? Nobody. That's unanimous as well. I only have one mayor's announcement, which is? Go vote. And if you'd like some resources. Our wonderful city staff have put together a lot of resources about what the city Ickwelf finds to be very important to consider before you take that vote for what's important. For our community, and so I would just encourage everyone to at least vote if you can. And to look at some of the things that our city is wanting to highlight before you do. That. That is it for me. So I'm looking for a motion to adjourn busatill. Richardson. Is anyone against adjournment? Nobody. Have a great rest of the night. Thank you, everybody.