To code or not to code?
From the Peace Region to Prince George, Kamloops to Victoria, governments across B.C. these days seem to be debating whether or not to legislate codes of conduct for the people who are elected by the people.
鈥淎 code of conduct is a line in the sand,鈥� said Fred Banham, chief administrative officer of the Peace River Regional District (PRRD). 鈥淚t identifies behaviour that is not acceptable and behaviour that is acceptable. For someone who feels they鈥檙e being picked on, it gives them a tool to say 鈥楾his person is crossing the line,鈥� because your line might be different than mine.鈥�
For more than a year, the PRRD has been wrestling with implementing a code of conduct for its board of directors, a mix of four rural directors and eight appointed elected officials from seven municipalities across the Peace Region.
Moulded from codes that already exist among local governments across the province, the district鈥檚 code would spell out conflict of interest rules, especially for members involved with other Peace Region organizations, and govern directors鈥� conduct during meetings and amongst each other.
This code will again come up for debate at the PRRD meeting on Oct. 24, Banham said.
But where exactly is that so-called line in the sand drawn? For the B.C. Civil Liberties Association, it鈥檚 difficult to pin down.
Last month, the group took strong opposition to a code of conduct proposed by the mayor of Victoria. The code, which was ultimately struck down by councillors, proposed broad restrictions on criticizing the political process, and questioning the motives of other council members, among others.
鈥淭he downside if you have a code of conduct that includes the requirement that you respect or consider the self-esteem of staff and colleagues, you really are in an area of chilling appropriate political speech,鈥� said Micheal Vonn, the policy director for BCCLA.
鈥淥bviously in the context of debate, people are going to disagree. You have to allow for that disagreement without the chill of having somebody being brought up on a conduct matter.鈥�
Codes of conduct are tricky, Vonn argues, and must be within a framework that ensures people feel comfortable speaking, as opposed to feeling silenced. The 鈥渄evil is in the details,鈥� she said, and fuzzy, restrictive language can ultimately hurt robust debate necessary to politics.
鈥淭he ideal circumstance is where you do have civil discourse and respect is present. It鈥檚 questionable whether you can legislate respect,鈥� said Vonn.
At a provincial level, municipal politicians are bound by the Community Charter, sections of which spell out a number of conflict of interest rules, including restrictions on receiving and requirements to disclose gifts, inside and outside influence, and the use of insider information for financial gain.
Under the charter, a councillor can be disqualified from office for violating any of its conflict of interest rules, and can be turfed from office if they are absent from council meetings for 60 straight days or four consecutive regularly scheduled meetings.
In Fort St. John, councillors are not bound by a local code of conduct, but are bound by the city鈥檚 discrimination and harassment policies under the Human Rights Code. Those policies are part and parcel of all city policies and procedures loaded on the iPads given to councillors during their orientation, said Grace Fika, the city鈥檚 director of corporate affairs.
鈥淚t鈥檚 a fairly in-depth orientation that councillors go through as to how city works, what the expectations are,鈥� Fika said.
Council has a limited ability to impose censures on members for inappropriate conduct, Fika noted. Councillors, however, did exercise those powers in March 2011, when they prohibited former mayor Bruce Lantz meeting or travelling alone with a female city employee after allegations of misconduct came to light.
Councillors Trevor Bolin and Larry Evans voiced support for a councillor code of conduct, saying it would boost transparency and set out standards for future councils.
鈥淚 don鈥檛 think you鈥檒l have any of us balk at a code of conduct, because we pretty much live by that now in our council capacity,鈥� said Bolin.
Added Evans: 鈥淚 have my own code, as does all the other councillors and mayor. While it might be a tad redundant, it鈥檚 good to have in place.鈥�
Fellow councillor Byron Stewart said that he believed there were few issues on council that required a code of conduct to serve as referee.
鈥淲e don鈥檛 always get along, but we鈥檙e respectful of each other, respectful of the citizens and any persons we come in contact with,鈥� he said. 鈥淚s it something we need to look at? I鈥檇 say no.鈥�
Fort St. John does, however, have a code of conduct for its management and unionized employees. It sets out standards for unacceptable conduct, theft, harassment, intimidation, vandalism, fraud, insubordination and workplace dress.
鈥淲hen you鈥檙e hired ... you know on day one what is acceptable and what is not acceptable, so there is no question moving forward,鈥� Fika said.
Further south, Dawson Creek councillors also operate without a code.
However, Councillor Cheryl Shuman said she believes codes do have a place in organizations, noting she had to sign on to one after being elected to the Recycling Council of B.C. She said she鈥檇 have no problem signing onto a code of conduct if one was implemented for Dawson Creek City Council.
However, the conduct of politicians is always under the scrutiny of the public eye, she said.
鈥淵ou need to hold yourself up to your position and represent your organization in a positive, productive way,鈥� she said. 鈥淏ut, I mean, for elected officials, you sign onto that kind of thing when you get elected.
鈥淚f you behave badly, you might not get elected again.鈥�
