Home » 4.2.2 BREACH OF THE OATH OF OFFICE OR CODE OF CONDUCT

4.2.2 BREACH OF THE OATH OF OFFICE OR CODE OF CONDUCT

Where it appears that a Commission member may have breached the Oath of Office and/or Code of Conduct, the following procedures will apply:

Procedures:

  1.  Commission members or the Executive Director of the Commission who becomes aware that a Commission member may have breached the Oath of Office and/or Code of Conduct shall advise the Chair.
  2. Any Commission member who suspects the Chair of a breach of the Oath of Office and/or Code of Conduct shall advise the Vice-Chair, who will perform the duties required of the Chair as set out in the following paragraphs.
  3. When the Chair is advised of a suspected breach, they will review the allegation or concern with the Commission member who is the subject to the allegation. The Chair may, if they determine it to be appropriate in the circumstances, initiate such investigations or inquiries as they may deem necessary in an effort to identify all of the facts which may be relevant to the issue. In order to conduct such investigations or inquiries, the Chair shall seek the advice of the Commission’s Executive Director and appropriate City Administration and will be at liberty to engage the assistance of outside agencies or experts to the extent they deem necessary and/or appropriate having regard to all of the circumstances.
  4. If the suspected breach is substantiated, the Chair shall advise all Commission members, in a Closed or Special Meeting that a suspected breach has been brought to their attention. Commission members will be given the opportunity to seek or lend clarity, to the matter. The Commission member who is suspected of the breach will be entitled to attend this meeting and will be entitled to respond to the issue of the alleged breach or to any questions which may be put forward by any of the Commission members.
  5. When the Commission meeting is concluded, the Chair will prepare a report to the Commission outlining the inquiries made and/or steps taken as part of the investigative process and the results obtained.
  6.  If, following the investigation and the conclusion of the Commission meeting referred to in section 4 above, the Chair is satisfied that the Commission member has in fact breached the Oath of Office and/or Code of Conduct, the Chair will:
    a. Call a Special Meeting of the Commission where the Commission members, in the absence of the Commission member suspected of the breach, can review the Chair’s report and determine their recommendation to Council on whether the revocation of the Commission member’s appointment is warranted.
    b. After consulting with City of Edmonton Administration, arrange to meet directly with Council in private, in order to provide them with the report and the Commission’s recommendation, and to answer questions from Council members.
  7. The decision as to whether or not to revoke the appointment of the Commission member who is the subject of the investigation, rests with Council.
  8.  Following the meeting with Council, the Commission will receive the Chair’s report for information at the next scheduled meeting.
  9. The following additional procedures will apply if a Commission member has been charged or convicted of an offense under the Criminal Code of Canada and/or the Controlled Drugs and Substances Act:
    a) Commissioners are to immediately declare if they have been charged or convicted of a charge under the Criminal Code of Canada and/or the Controlled Drugs and Substances Act by notifying the Chair. If individual needing to declare is Chair, they will make this declaration to the Vice Chair.
    b) Any member that has been charged with an offense under either of these Federal Statutes will be suspended from the Commission until the matters are resolved before the courts.
    c) Any member of the Commission will be disqualified from their position if the member is convicted of an offense under the Criminal code of Canada and/or the Controlled Drugs and Substances Act.
  10. Commissioners should not assume that any other illegal activities not covered by the Criminal Code of Canada or the Controlled Drugs and Substances Act are condoned and excluded from this policy. If in doubt about charges under other federal or provincial statutes that may be cause for dismissal Commissioners should seek advice from the Chair, Executive Director, or legal counsel of the Commission. Edmonton Police Commission

    References:
    1. Police Act, RSA 2000, c P-17, Schedule 1.
    2. Criminal Code of Canada (RSC 1985, c. C-46)
    3. Controlled Drugs and Substances Act (SC 1996, C. 19)
    4. Appendix A – The City of Edmonton Bylaw, No 14040, Edmonton Police Commission Bylaw, (15 December 2015).