Lauren Wihak speaks at Rural Municipality Administrators Association on Code of Ethics Complaints: Navigating the New Normal

Lauren Wihak, partner with McDougall Gauley in Regina, was invited on Friday, September 15, 2023 to speak to the Rural Administrators Association Conference on the topic of navigating code of ethics complaints.

The Saskatchewan Legislature has recently mandated that all municipalities in Saskatchewan adopt a Code of Ethics bylaw, and adopt a process for dealing with code of ethics complaints launched against elected municipal councillors. There has been a notable increase in such complaints in the province, and they raise important issues of fairness and process that many rural municipalities may be navigating for the first time. Many such complaints are brought by one elected councillor against another, which raises its own set of challenges for Administrators to navigate. Ensuring that these complaints are dealt with in a timely manner, and pursuant to a fair process for all involved, can help to avoid costly and protracted litigation down the road. There also remains some uncertainty as to what municipal councils are permitted to do in sanctioning code of ethics violations, adding to the complexity facing Administrators and Councils alike.

“This is a new reality for many rural municipalities in Saskatchewan”, Lauren says. “It was a pleasure to meet with the Administrators, who often have the lion’s share of the responsibility in dealing with code of ethics complaints and investigations, for an educational session and discussion on the importance of fairness in these processes, and ensuring that these types of complaints are dealt with properly by municipal councils such that protracted further litigation can be avoided if possible.”

The Municipal Law team at McDougall Gauley has lots of experience dealing with municipal code of ethics complaints, be it in advising municipal councils on their obligations and duties, acting as independent third party investigators, and representing municipalities when code of ethics issues and complaints reach the courts on judicial review. For assistance with any of these types of issues, please feel free to contact Lauren Wihak.