Friends of the Cawthra Bush
Greater Mississauga Area
Pages of Special Interest;
Other Table of Contents;
Opening comments: More at the end.
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Selected sections of the OMB Code of Conduct for its members
There are so many instances of events in this OMB Appeal/Hearing which are contrary to the OMB Code of Conduct that they can not be all noted, for each event. However, a person should have these items listed below in their mind when reading this account, in order to see the shocking number of violations of the OMB Code of Conduct. The full OMB Code of Conduct can be fond on my web-site www.cawthra-bush.org.
OMB - Background
Following the direction of the Management Board of Cabinet, the Boards have adopted this Code of Conduct for the guidance of their Members and to assist them in avoiding situations that might undermine the public's confidence in their objectivity and impartiality.
The primary objectives of this Code of Conduct are to:
* provide guidance to decision-makers appointed to
the ARB, BON and OMB on appropriate
* provide members of the public appearing before the
Boards with an understanding of the
The Code is founded on the recognition that the conduct of Members must be governed by the requirements of fairness, integrity and independence in decision-making.
This code applies to all Members of the Board, full or part-time.
Principle - Members must provide services and perform statutory functions in an impartial, lawful, unbiased and just manner.
* Members have an obligation to act fairly in the conduct of adjudicative proceedings.
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Principle - Members must provide information and services that are simple and easy to use.
* Members must make all reasonable efforts to ensure
that the proceedings are accessible and
* Members must make all reasonable efforts to conduct
proceedings in a manner that is
4. QUALITY AND CONSISTENCY
Principle - Members must produce accurate and dependable information and results.
Member Responsibility - Members are responsible to:
* be fully prepared for a proceeding.
* maintain the integrity of the hearing process.
* maintain proper control over proceedings to ensure
that parties have an equal and fair
* maintain order and ensure proper decorum in the hearing room.
* ... and meet the Board's standards for decision quality.
* recognize the public interest in consistency and
predictability in the exercise of their independent
Principles - Members must use policies and procedures in a way that is are clear and understandable to everyone involved.
* Members must ensure that proceedings are conducted in a manner that is transparent and seen to be fair.
Members should take care in social interactions to avoid any contact with parties, witnesses or representatives that might affect or appear to affect the transparency of the process.
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Principle - Members must possess and use the skill, knowledge and technical competence required to discharge statutory responsibilities and maintain public confidence.
* Members should maintain a level of professional
competence and knowledge
Principle - Members must demonstrate respect for everyone who comes into contact with the Board.
* Members should be patient, dignified, and courteous
in performing their duties.
9. GOOD CONDUCT
Principle - Members must act in a manner that contributes to the public's confidence in the Board.
* Members should act with honesty and integrity, and
conduct themselves in a manner consistent
* Members should not engage in any conduct that may,
or may be perceived to constitute an
* Members must not personally appear before the Board on their own behalf.
* Members must not act as a representative on behalf
of any party in any proceeding before the Board.
Principle - Members must avoid situations of real or perceived conflict of interest or bias.
* Members must make decisions independently without fear of criticism.
* Members should approach every proceeding and every
issue in a proceeding with an open mind,
* In the conduct of Board proceedings, Members' decisions
should be based on an application of
* Members must avoid conflicts of interest.
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12. CONFLICT OF INTEREST
Principle - A conflict of interest arises when a Members private or personal financial interests take precedence over or compete with the Member's responsibilities as an appointee.
A conflict of interest will exist when an adjudicator has a financial interest that may be affected by the resolution or treatment of a matter before the Board. The financial interest may be that of the Board Member or other person with whom the Member has a close personal or professional relationship.
* A Member shall not adjudicate in any proceeding,
or participate in Board discussions of any
* A Member shall not accept money or gifts if a gift
is, or may be perceived to be, offered
13. BIAS AND APPREHENSION OF BIAS
Principle - Bias is a lack of neutrality or impartiality on the part of a decision-maker regarding an issue to be decided. A biased decision-maker is one who is predisposed to decide a case on the basis of considerations extraneous to the evidence or the applicable law, policy or argument made in the case.
Bias may exist when there is a direct, recent or existing close relationship between the Member and a party involved in the proceeding. The relationship may be organizational or personal.
There may be an apprehension of bias when a Member demonstrates possession of and reliance on information that has been gained through prior involvement with one party to a dispute regarding the dispute.
* Members should not only be unbiased, but also appear
to be so. A reasonable apprehension of
14. STEPS TO TAKE WHEN THE QUESTION OF BIAS OR
After the Hearing Commences
* If an allegation of bias or conflict of interest
is raised after the hearing commences, it is the
* ... The Member should withdraw from
the panel if the Member feels the allegation may have
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PUBLIC COMPLAINTS POLICY FOR THE CHAIR AND MEMBERS
... The Boards make the following commitments to the taxpayers of Ontario:
* The Boards are open and honest in their behaviour, ...
* The Boards are fair, impartial and consistent in
the exercise of their adjudicative responsibilities
MEMBER POSITION DESCRIPTION ASSESSMENT REVIEW BOARD AND ONTARIO MUNICIPAL BOARD
Purpose of Position - The decisions made and the reasons for the decisions must be rendered independently, and impartially, without bias or prejudice. They must properly reflect the evidence, administrative law and the applicable legislation.
5. Ensure that hearings are conducted in accordance
with the Board's Rules of Practice and
10. Perform all work so as to maintain and enhance
the professional credibility of the Board, in
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