Special Council

That the February 9, 2022 Council Agenda be approved as presented 4. DECLARATION OF CONFLICT OF INTEREST Nil 5. MINUTES OF PREVIOUS COUNCIL MEETING - Nil 6. CLOSED SESSION (Pursuant to Subsection 239 (2) of the Municipal Act, 2001) Prior to going into Closed Session, Mayor Crombie noted that Council takes bullying and harassment allegations very serious and must be addressed. Mayor Crombie further spoke to the governance of Members of Council and explained the complaint and investigation process. Council moved into closed session at 9:12 AM RESOLUTION 6.1 Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Legal advice concerning the Council Code of Conduct and residual jurisdiction to Public Comments: investigate Code complaints following the resolution of related criminal proceedings Andra Maxwell, City Solicitor, spoke to the subject matter. Staff responded to questions from Members of Council regarding the subject matter. The following Resolution was voted on during public session. RESOLUTION 0028-2022 Moved By Councillor M. Mahoney Seconded By Councillor D. Damerla That the report from the City Solicitor titled “Legal advice concerning the Council Code of Conduct and the residual jurisdiction to investigate Code complaints following the resolution of related criminal proceedings,” dated February 4, 2022, be received for information. YES (10) Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Ko

That the report of the City Solicitor titled “Legal advice concerning s.223.3 of the Municipal Act, 2001 and Integrity Commissioner Appointments” dated February 6, 2022 be received for information. YES (10) Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac , Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor P. Saito, Councillor G. Carlson , and Councillor P. Mullin ABSENT (2) Councillor R. Starr, and Councillor S. McFadden

WHEREAS Council has adopted a Council Code of Conduct (the “Code”) pursuant to s.223.2 of the Municipal Act, 2001 (the “Act”); AND WHEREAS the Code makes members of Council subject to the City of Mississauga’s Respectful Workplace Policy 01-03-04 (the “Policy”); AND WHEREAS Council has appointed an Integrity Commissioner pursuant to s.223.3 of the Act to be responsible for the application of the Code and City of Mississauga policies governing the ethical behaviour of members of Council, and for conducting inquiries into alleged violations of the Code; AND WHEREAS the Code does not currently require the Integrity Commissioner to report to Council that they have received a complaint that they deem not to be within their jurisdiction, other than as part of their annual report; AND WHEREAS actions that violate the Code and/or the Policy may also contravene other legislation or codes, including the Criminal Code of Canada or the Ontario Human Rights Code; AND WHEREAS the Code includes rules against harassment, abuse, bullying, intimidation, threats and coercion and Council intended complaints involving such actions or behaviours to be investigated as potential Code violations notwithstanding that such actions may also contravene the Criminal Code; AND WHEREAS s. 223.8 of the Act provides that, where there are reasonable grounds to believe there has been a contravention of the Criminal Code the Integrity Commissioner shall refer the matter to the appropriate authorities and “suspen

WHEREAS the Municipal Act, 2001 , as amended (the "Act"), requires Council to pass a resolution prior to closing part of a meeting to the public; AND WHEREAS the Act requires that the resolution states the act of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; NOW THEREFORE be it resolved that a portion of the Council meeting held on February 9, 2022 shall be closed to the public to deal with the following matters: Pursuant to the Municipal Act, Section 239 (2): Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Legal advice concerning the Council Code of Conduct and residual jurisdiction to investigate Code complaints following the resolution of related criminal proceedings Advice that is subject to solicitor-client privilege, including communications necessary for that purpose Legal advice concerning s.223.3 of the Municipal Act, 2001 and Integrity Commissioner Appointments YES (11) Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac , Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor P. Saito, Councillor S. McFadden, Councillor G. Carlson , and Councillor P. Mullin ABSENT (1) Councillor R. Starr

That the February 9, 2022 Council Agenda be approved as presented 4. DECLARATION OF CONFLICT OF INTEREST - Nil 5. MINUTES OF PREVIOUS COUNCIL MEETING - Nil 6. CLOSED SESSION (Pursuant to Subsection 239 (2) of the Municipal Act, 2001) Prior to going into Closed Session, Mayor Crombie noted that Council takes bullying and harassment allegations very serious and must be addressed. Mayor Crombie further spoke to the governance of Members of Council and explained the complaint and investigation process. Council moved into closed session at 9:12 AM 6.1 Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Legal advice concerning the Council Code of Conduct and residual jurisdiction to investigate Code complaints following the resolution of related criminal proceedings Andra Maxwell, City Solicitor, spoke to the subject matter. Staff responded to questions from Members of Council regarding the subject matter. The following Resolution was voted on during public session. RESOLUTION 0028-2022 Moved By Councillor M. Mahoney Seconded By Councillor D. Damerla That the report from the City Solicitor titled “Legal advice concerning the Council Code of Conduct and the residual jurisdiction to investigate Code complaints following the resolution of related criminal proceedings,” dated February 4, 2022, be received for information. Special Council 2022/02/09 3 YES (10): Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J

17. NOTICE OF MOTION 17.1 A Motion to amend the Council Code of Conduct Complaint Protocol (Councillor P. Saito) Mayor Crombie passed the Chair Role to Councillor Kovac in order to speak to the Council Code of Conduct Complaint Protocol Motion. Councillor Saito spoke to the Motion and noted that the minor amendment to the wording was necessary to provide clarity and that there be an amendment to the reporting of issues on a quarterly basis rather than yearly. Mayor Crombie spoke to the Motion, noting that the amendments provide greater strength and clarity to the wording of the Council Code of Conduct. RESOLUTION 0030-2022 Moved By Councillor P. Saito Seconded By Mayor Crombie WHEREAS Council has adopted a Council Code of Conduct (the “Code”) pursuant to s.223.2 of the Municipal Act, 2001 (the “Act”); AND WHEREAS the Code makes members of Council subject to the City of Mississauga’s Respectful Workplace Policy 01-03-04 (the “Policy”); Special Council 2022/02/09 7 AND WHEREAS Council has appointed an Integrity Commissioner pursuant to s.223.3 of the Act to be responsible for the application of the Code and City of Mississauga policies governing the ethical behaviour of members of Council, and for conducting inquiries into alleged violations of the Code; AND WHEREAS the Code does not currently require the Integrity Commissioner to report to Council that they have received a complaint that they deem not to be within their jurisdiction, other than as part of their annual report;