Many municipal councils in Canada—perhaps most—have adopted a Code of Conduct. Reports are now routine about the allegations of naughtiness by a certain councillor or mayor, and the chastisement they have received.
There is a growing concern, however: are some people abusing the complaint process of a Code of Conduct violation for their own political gain?
Questions have been quietly raised by some observers wondering if allegations under the code of conduct have been used by a councillor or community member simply to place a cloud of suspicion over a political rival.
Sadly in our society, often being charged is sufficient for many people to lose confidence in that person and assume some degree of guilt, even if they are eventually exonerated. Assuming the guilty behavior of someone running for re-election may be sufficient to sway some votes. The media attention may be detrimental to the reputation of the accused well before a determination of innocence or guilt.
At the same time, there have been shocking reports from some councils of on-going vitriol and unruly behavior from a particular mayor or council member. As those stories get reported by the media—and code of conduct charges are always widely reported by the media—voters raise their eyebrows at the disarray and disturbances on their council.
Each complaint, of course, must be investigated, usually by an independent Integrity Commissioner. Investigations take time, effort and money. Some councils have been startled by the sharply increasing cost of having such a Code and Commissioner.
A complaint demands time and effort to 'defend', for lack of a better term. It could also involve money if an independent counsel is hired by the person identified in the complaint.
Codes, procedures and punishments vary from council to council. My impression (not based on scientific evidence) is that not just the complaints are increasing, but so are the punishments.
British Columbia is considering implementing a standardized code of conduct for its local governments. The adoption of the code would be mandatory. The proposed legislation would include prescribed sanctions for specific offenses. The severest penalty would be a 90-day suspension with loss of pay.
There have been many instances in Canadian politics when the public simply gets fed up with bad councils or governments. Collectively there is a public sentiment to "throw the bums out" at the next election.
And almost always the public is correct.
While a municipal Code of Conduct can provide a boundary for the behavior of councillors and mayors, the Code itself must not be abused for political brinksmanship.