Ombudsman makes 16 recommendations
Ontario Ombudsman Paul Dube made 16 recommendations to Niagara Region to “avert similar situations in the future.” They have been unanimously accepted by regional council. The recommendations in the report state Niagara Region should:
1. Ensure it has an employee code of conduct or ethics that provides for the protection of confidential information.
2. Ensure the protection of confidential information is addressed in all employment contracts.
3. Require all officials and staff with access to confidential hiring process information to sign a specific confidentiality agreement at the outset of the process.
4. Ensure the terms of reference it establishes for a recruitment committee provide for a complete list of the staff and officials permitted to access confidential information.
5. Ensure that all officials and employees with access to personal information understand their obligations under the Municipal Freedom of Information and Protection of Privacy Act.
6. Adopt a policy clarifying that employees should not engage in any behaviour that provides an unfair advantage to a candidate during a hiring process, including assisting candidates by providing inside information such as interview questions and suggested answers.
7. Ensure that staff and officials act in accordance with the direction of council and committees of council.
8. Ensure that staff in the chair’s office do not usurp or undermine the role of professional staff, especially when those roles have been set by council or a committee.
9. Adopt a policy setting out the process for hiring a Chief Administrative Officer, including the appropriate roles of staff and their accountability to council or a committee of council charged with the hiring.
10. Ensure all staff and officials receive training on the proper use of corporate email and retention of corporate documents.
11. Adopt a by-law setting the parameters of the relationship between council and the CAO, including the role of council with respect to amending the
CAO’s contract and salary.
12. Before making changes to a contract affecting its legal interests, require staff to consult legal and human resources staff to ensure the terms are lawful and consistent with the municipality’s interests.
13. Adopt a policy governing the process for CAO performance appraisals.
14. Ensure that it establishes comprehensive terms of reference when appointing a municipal ombudsman, including reference to requirements for scope of issues to be investigated; evidence collection; confidentiality, including of witnesses; and preliminary reporting.
15. Before appointing or retaining external investigators, obtain information about their skills, experience, and availability, so that council can make an informed decision about their qualifications for the position.
16. Report publicly, and to the Ombudsman’s office, in six months’ time on its progress in implementing his recommendations, and at six-month intervals thereafter until such time as he is satisfied that adequate steps have been taken to address them.