Home » 4.2.2 REPORTING A BREACH OF THE OATH OF OFFICE AND/OR CODE OF CONDUCT

4.2.2 REPORTING A BREACH OF THE OATH OF OFFICE AND/OR CODE OF CONDUCT

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

Procedures:

  1. Any Commission member who becomes aware that another 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, he/she will review the allegation or concern with the Commission member who is the subject to the allegation. The Chair may, if he/she determines it to be appropriate in the circumstances, initiate such investigations or inquiries as he/she 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 be at liberty to engage the assistance of outside agencies or experts to the extent he/she deems it 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 his or her attention. Commission members will be given the opportunity to seek clarity on, 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:
    1. 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.
    2. 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.

References:

  1. Police Act, RSA 2000, c P-17, Schedule 1.
  2. Appendix A – The City of Edmonton Bylaw, No 14040, Edmonton Police Commission Bylaw, (15 December 2015).

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