万锦前市议员Howard Shore遭市政谴责
Ex-Markham councillor reprimanded for code of conduct breaches
来源: Bob Mok
在遭到康山居民的投诉后，万锦市府对万锦前市议员Howard Shore予以谴责。Bob Mok认为 ，虽然谴责只属轻微惩戒，但却标志着万锦市府对违反市议会行为守则的行为施加处罚的重要开端。
Markham ex-councillor Howard Shore is reprimanded by the City of Markham after complaints were filed by Thorn hill residents. While the reprimand is a slap on the wrist, writes Bob Mok, it is an important first step that the city has taken to penalize the actions in violations of the Markham Code of Conduct.
最近，万锦市府完成了其首宗涉及市议会行为守则的投诉案调查，被调查对象是万锦前市议员Howard Shore。
Recently, City of Markham completed its first case of Council Code of Conduct complaint investigation on Ex-councillor Howard Shore.
万锦市议会行为守则在2014年2月1日正式生效。其明确了市府对市议员行为的期望，并确立了适当行为的指引。
The Council Code of Conduct was introduced and became effective February 1, 2014. It identifies the City’s expectations for the conduct of Members and establishes guidelines for appropriate conduct.
在2015年4月20日，万锦市操守专员（一位隶属市议会的合同律师）公布了首个登记投诉的最终调查报告（编号：MIC-001-1214）
On April 20, 2015 the City’s Integrity Commissioner (a subcontracted Lawyer reporting to City Council) issued a final report on its first registered complaint (Ref: MIC-001-1214).
在这份报告中，操守专员Donald Cameron详细介绍了其调查的步骤和过程，以及其向市议会提出的建议。
In this report, Integrity Commissioner Donald Cameron detailed the steps he used and the investigation undertaken along with his recommendation for the City Council.
此事源于市民Paul Glionna代表一群康山居民提出12项投诉，操守专员因此按照市议会行为守则开始相关调查。
Resident Paul Glionna made twelve complaints on behalf of a group of Thornhill residents and started the proceeding under the Council Code of Conduct.
这12项投诉中包括偷窃、干预地方纳税人协会的内部事务、发送令人反感的电子邮件，以及在市政公共设施内进行竞选活动。
These twelve items included allegations on stealing, interfering in the internal affairs of a Ratepayer’s association, sending objectionable emails, and conducting election campaign in a City-owned Facility.
操守专员根据市议会行为准则政策进行相关调查后，最终基于技术理由驳回一些指控，因为其中有些事件是发生在市议会行为准则生效前。此外还有一些投诉则被认为没有足够的证据支持。
The Integrity Commissioner conducted his investigations using the Council Code of Conduct Policy and eventually dismissed some of the allegations based on technicalities – the events occurred prior to the Council Code of Conduct became effective. Some other complaints were deemed not to be supported by sufficient evidence.
在最终确认的三项违规行为中，有两项涉及不当竞选活动，还有一项则是Howard在担任German Mills Committee主席时曾否认该委员会会员的投票权。这些违规行为已经严重到足以导致 “谴责”的建议。
Two of the three infractions were related to improper campaigning. The other one was on the denial of voting rights to the members sitting on the German Mills Committee when Howard was the Chair. They were serious enough to draw a recommendation for a “reprimand”.
除此之外，被确认的第四项违规行为因为比较轻微且是无心之失，因此没有引发任何后果。
A fourth contravention was minor and inadvertent so no consequence would flow from the breach.
按照《市政法》，市议会有权根据操守专员的报告，对被其确认违反行为守则的成员施以以下一种或多种处罚：
The Municipal Act authorizes Council to impose one or more of the penalties listed below on a Member following a report by the Integrity Commissioner that, in his or her opinion, the Member has contravened the Code of Conduct:
a) 予以谴责；或
a) A reprimand; or
b)对担任市议员或地方委员会委员的成员作出停薪处罚，停薪期视具体情况而定，最长为90天。
b) Suspension of the remuneration paid to the Member in respect to his or her services as a Member of Council or local board, as the case may be, for a period of up to 90 days.
但在万锦市将Howard所代表的第2选区和第1选区合并后，Howard在去年的市政选举中败给了现任市议员Valerie Burke。因此对于一名已经不再从市府领取薪水的前市议员来说，停薪处罚显然已经不切实际。
Mr. Howard Shore lost the election last year when his Ward#2 was combined into Ward#1 and won by the current councillor Valerie Burke. As an ex-councillor, it is clearly impractical to suspend his paid since he is no longer on the City’s payroll.
本文所说的Howard，与被控非法持有赃物罪，但却在2013年4月被一名纽马克特法官判处无罪释放的市议员Howard Shore是同一人。有报道称，Howard为了对抗抑郁等精神健康问题，曾接受相关的咨询和治疗。
This is the same Councillor Howard Shore who was given an absolute discharge on a possession of stolen property charge by a Newmarket judge in April 2013. It was reported that Mr. Shore has undergone counselling and therapy in an effort to battle mental health issues, including depression.
最终，万锦市议员一致投票决定接受操守专员的建议，对Howard Shore在任期间违反万锦市议会行为守则的行为予以谴责。
Markham Council voted unanimously to accept the recommendation of the Integrity Commissioner and reprimanded Howard Shore for his violations of the Markham Code of Conduct while he was in office.
虽然违反“市议会行为守则”的后果似乎只是对违规者小施惩戒，但由此背负的政治污名却有可能毁掉他们的政治前途。此外，市议员还必须遵守《市政利益冲突法》、《加拿大刑法》以及其他许多规章，如果其违反了这些法规，也会受到相应指控。
While the result of a “Council Code of Conduct” violation appears to be a slap on the wrist for the offenders, it does carry a political stigma that can ruin their political future. The Council members also have to subject to Municipal Conflict of Interest Act, Criminal Code of Canada and many other regulations. If he/she violates them as well, charges under those other rules will also be applicable.
Markham ex-councillor Howard Shore is reprimanded by the City of Markham after complaints were filed by Thorn hill residents. While the reprimand is a slap on the wrist, writes Bob Mok, it is an important first step that the city has taken to penalize the actions in violations of the Markham Code of Conduct.
最近，万锦市府完成了其首宗涉及市议会行为守则的投诉案调查，被调查对象是万锦前市议员Howard Shore。
Recently, City of Markham completed its first case of Council Code of Conduct complaint investigation on Ex-councillor Howard Shore.
万锦市议会行为守则在2014年2月1日正式生效。其明确了市府对市议员行为的期望，并确立了适当行为的指引。
The Council Code of Conduct was introduced and became effective February 1, 2014. It identifies the City’s expectations for the conduct of Members and establishes guidelines for appropriate conduct.
在2015年4月20日，万锦市操守专员（一位隶属市议会的合同律师）公布了首个登记投诉的最终调查报告（编号：MIC-001-1214）
On April 20, 2015 the City’s Integrity Commissioner (a subcontracted Lawyer reporting to City Council) issued a final report on its first registered complaint (Ref: MIC-001-1214).
在这份报告中，操守专员Donald Cameron详细介绍了其调查的步骤和过程，以及其向市议会提出的建议。
In this report, Integrity Commissioner Donald Cameron detailed the steps he used and the investigation undertaken along with his recommendation for the City Council.
此事源于市民Paul Glionna代表一群康山居民提出12项投诉，操守专员因此按照市议会行为守则开始相关调查。
Resident Paul Glionna made twelve complaints on behalf of a group of Thornhill residents and started the proceeding under the Council Code of Conduct.
这12项投诉中包括偷窃、干预地方纳税人协会的内部事务、发送令人反感的电子邮件，以及在市政公共设施内进行竞选活动。
These twelve items included allegations on stealing, interfering in the internal affairs of a Ratepayer’s association, sending objectionable emails, and conducting election campaign in a City-owned Facility.
操守专员根据市议会行为准则政策进行相关调查后，最终基于技术理由驳回一些指控，因为其中有些事件是发生在市议会行为准则生效前。此外还有一些投诉则被认为没有足够的证据支持。
The Integrity Commissioner conducted his investigations using the Council Code of Conduct Policy and eventually dismissed some of the allegations based on technicalities – the events occurred prior to the Council Code of Conduct became effective. Some other complaints were deemed not to be supported by sufficient evidence.
在最终确认的三项违规行为中，有两项涉及不当竞选活动，还有一项则是Howard在担任German Mills Committee主席时曾否认该委员会会员的投票权。这些违规行为已经严重到足以导致 “谴责”的建议。
Two of the three infractions were related to improper campaigning. The other one was on the denial of voting rights to the members sitting on the German Mills Committee when Howard was the Chair. They were serious enough to draw a recommendation for a “reprimand”.
除此之外，被确认的第四项违规行为因为比较轻微且是无心之失，因此没有引发任何后果。
A fourth contravention was minor and inadvertent so no consequence would flow from the breach.
按照《市政法》，市议会有权根据操守专员的报告，对被其确认违反行为守则的成员施以以下一种或多种处罚：
The Municipal Act authorizes Council to impose one or more of the penalties listed below on a Member following a report by the Integrity Commissioner that, in his or her opinion, the Member has contravened the Code of Conduct:
a) 予以谴责；或
a) A reprimand; or
b)对担任市议员或地方委员会委员的成员作出停薪处罚，停薪期视具体情况而定，最长为90天。
b) Suspension of the remuneration paid to the Member in respect to his or her services as a Member of Council or local board, as the case may be, for a period of up to 90 days.
但在万锦市将Howard所代表的第2选区和第1选区合并后，Howard在去年的市政选举中败给了现任市议员Valerie Burke。因此对于一名已经不再从市府领取薪水的前市议员来说，停薪处罚显然已经不切实际。
Mr. Howard Shore lost the election last year when his Ward#2 was combined into Ward#1 and won by the current councillor Valerie Burke. As an ex-councillor, it is clearly impractical to suspend his paid since he is no longer on the City’s payroll.
本文所说的Howard，与被控非法持有赃物罪，但却在2013年4月被一名纽马克特法官判处无罪释放的市议员Howard Shore是同一人。有报道称，Howard为了对抗抑郁等精神健康问题，曾接受相关的咨询和治疗。
This is the same Councillor Howard Shore who was given an absolute discharge on a possession of stolen property charge by a Newmarket judge in April 2013. It was reported that Mr. Shore has undergone counselling and therapy in an effort to battle mental health issues, including depression.
最终，万锦市议员一致投票决定接受操守专员的建议，对Howard Shore在任期间违反万锦市议会行为守则的行为予以谴责。
Markham Council voted unanimously to accept the recommendation of the Integrity Commissioner and reprimanded Howard Shore for his violations of the Markham Code of Conduct while he was in office.
虽然违反“市议会行为守则”的后果似乎只是对违规者小施惩戒，但由此背负的政治污名却有可能毁掉他们的政治前途。此外，市议员还必须遵守《市政利益冲突法》、《加拿大刑法》以及其他许多规章，如果其违反了这些法规，也会受到相应指控。
While the result of a “Council Code of Conduct” violation appears to be a slap on the wrist for the offenders, it does carry a political stigma that can ruin their political future. The Council members also have to subject to Municipal Conflict of Interest Act, Criminal Code of Canada and many other regulations. If he/she violates them as well, charges under those other rules will also be applicable.
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