Code of Conduct
Introduction
Every employee of the Office of the Auditor General of Manitoba (OAG) is responsible at all times for their professional and ethical conduct. Employees must conduct themselves towards colleagues, the Manitoba government, and the people of Manitoba with the highest degree of integrity, responsibility, and accountability
The OAG is subject to The Public Service Act and, as a result, is required to develop its own Code of Conduct (Code). The OAG’s Code is founded on the principles outlined in the Manitoba Code of Conduct and has been tailored to the OAG’s unique and independent work environment.
This Code outlines the values and ethics that guide and support OAG employees in their professional activities. It serves to preserve a professional work environment and enhance the public’s confidence in the OAG’s integrity. The Code is supplemented by the Employee Handbook and may also be supplemented by notices to staff and bulletins dealing with specific issues in somewhat greater detail.
Application
All individuals and entities performing work for or on behalf of the OAG, as condition of employment or contract, are required to accept and adhere to the values and behaviors outlined in this Code
Staff members who also belong to a professional association are governed by the codes and by-laws of that body. While this Code is intended to be consistent with the codes of professional associations, there may be cases where the Code is more specific or demanding. In such cases, this Code prevails.
A breach of these values or behaviors may result in disciplinary measures, up to and including the termination of employment or contract.
Office Values
The Code is founded on the following values which guide employees in their actions, decisions, and processes. These values provide a common framework to guide OAG employees in serving the public in an ethical manner.
TEAMWORK
Employees must treat others with respect, courtesy, and dignity, and value the diversity of their fellow employees and the entities we work with by being open to the exchange of different perspectives and ideas. Employees should treat others equitably, with fairness and honesty, and remain committed to fostering workplaces free of discrimination and harassment, including sexual harassment and bullying. We are stronger and more productive by working together and sharing knowledge, ideas, and solutions.
INTEGRITY
Employees must perform their duties with integrity so that public confidence and trust in the independence, objectivity, and impartiality of the OAG is protected. Employees must not conduct themselves in a manner that would reflect adversely on the OAG, their service area, or other employees. To ensure employees are acting in the public interest, they must resolve conflicts of interest in favour of the public interest; maintain confidentiality of information; handle sensitive information appropriately and discreetly; and conduct themselves in a non-partisan manner.
INDEPENDENCE
We are an independent office of the Legislative Assembly of Manitoba. Our reports are based on evidence collected according to our policies and professional auditing standards. We bring a non-partisan, objective, and fair approach to our work. We conduct our work objectively and impartially as laid out by The Auditor General Act.
INNOVATION
As an organization, we promote creativity and innovation to drive continuous improvement. As individuals we strive to be creative and challenge conventional views. We display a positive outlook and attitude in how we approach the various challenges or problems we must deal with.
Standards and expectations
Employees demonstrate the values of the OAG through their actions and behaviors. The following sections outline expected behaviors of employees, in which these values are embedded.
The Code does not attempt to set rules addressing every situation. In cases where appropriate conduct is unclear, it is the employee's responsibility to seek the advice and direction from their supervisor.
SKILL AND DEDICATION
To provide high quality service, employees must do their best to meet performance standards and organizational requirements. Employees must be open to continual learning and innovation. Employees are expected to promote excellence by maintaining and improving their knowledge, skills, abilities, and competencies, and assisting colleagues enhance their skills.
ACCOUNTABILITY
Employees serve the needs, interests, and expectations of the OAG and the Legislative Assembly of Manitoba. Further to this, employees should demonstrate leadership and take responsibility for decisions and actions. It is imperative that employees are fiscally responsible and are careful stewards of public resources.
SERVING THE LEGISLATIVE ASSEMBLY AND THE PUBLIC INTEREST
The OAG examines and reports to the Legislative Assembly on how well the government is managing its responsibilities and resources. The OAG promotes government accountability for the handling of public funds and for the results achieved and strives to ensure that the values of transparency and accountability are upheld while respecting confidentiality. This includes recognizing and affirming the Treaty rights of Indigenous peoples in the Constitution and advancing reconciliation with Indigenous peoples.
The Path to Reconciliation Act, Accessibility for Manitobans Act and Accessibility Standards, Accessible Employment Policy, Diversity and Inclusion Policy, French Language Services Policy, Respectful Workplace Policy: Addressing and Preventing Sexual Harassment, Harassment and Bullying, and The Human Rights Code provide further information on serving the public interest.
CONFIDENTIALITY
Employees must maintain the confidentiality of information gained, in any form as a result of their work, and ensure that the privacy of individuals and their information is maintained, including after the employment relationship ends. Confidential information should not be disclosed or commented on, including to the media or on social media. Employees must be aware of, and observe the confidentiality provisions of the Confidentiality and Independence Policy, The Freedom of Information and Protection of Privacy Act (FIPPA), The Auditor General Act, The Personal Health Information Act (PHIA), and the Social Media Policy that governs digital conduct.
Only the Auditor General, and individuals with delegated authority, are authorized to make media statements or have any other work-related contact with the media.
CONFLICT(S) OF INTEREST
Public confidence in the OAG is maintained by avoiding and preventing situations that could give rise to real, apparent, or potential conflicts of interest. When such a situation arises, the OAG takes steps to ensure the situation is handled appropriately and in a manner that demonstrates integrity and due diligence. Upon starting with the OAG, and annually thereafter, all employees are required to review the Confidentiality and Independence Policy and complete a declaration form. As outlined in the Confidentiality and Independence Policy, employees must resolve any conflict between their official duties and their personal or private interests, in favour of the public interest.
ON AND OFF-DUTY CONDUCT
To maintain public confidence, whether on or off-duty, employees are expected to obey all laws and carry out their duties in accordance with legislative requirements, government policy, and OAG policies and directives. When off-duty, employees are expected to use discretion to ensure that any personal activities do not bring disrepute to the OAG, which includes activities or actions that could negatively affect the OAG’s interests, property, security, reputation, or employee health and safety. Further information is included in policies including these: Criminal Charges Policy, Confidentiality and Independence Policy Respectful Workplace Policy: Addressing and Preventing Sexual Harassment, Harassment and Bullying, Diversity and Inclusion Policy, and the IT Acceptable Use Standard.
PERFORMANCE STANDARDS
In order to provide quality services and programs that meet the needs of the Legislative Assembly, the OAG must be comprised of well-qualified and dedicated employees with the abilities, skills, training, and competence to perform their position duties. Leaders must encourage and support ongoing learning, and employees must be open to, and strive for, continuous development.
POLITICAL IMPARTIALITY AND POLITICAL RIGHTS
Regardless of which political party is in office, all employees share the responsibility of respecting partisan and non-partisan roles to provide independent audits. Employees are required to remain independent regardless of which political party is in office. They should be aware of their own personal views and ensure that these views do not influence the way in which they carry out their duties.
Employees must maintain a position independent from partisan government and free of political influence. Employees can have views on political issues, but public comment on political issues or public support of a party is detrimental to their independence. Employees can exercise their right to vote but should not be involved in partisan politics. For this reason, no employee should be a registered member of any political party or association.
When an election is called, employees must take further precautions to ensure that they do not undertake any activities that could call into question their non-partisanship.
OFFICE RESOURCES
Employees are accountable for OAG resources and must ensure they are using these resources in an efficient, responsible, and accountable manner. OAG resources are to be used for office business only. This includes human, financial, and technological resources, as well as OAG property, information, and equipment. Further information is available in the IT Acceptable Use Standard, the Social Media Policy, Confidentiality and Independence Policy, and other policies and procedures that safeguard the use of OAG resources.
RESPECTFUL WORKPLACES
It is the collective responsibility of all employees to contribute to and maintain a respectful workplace environment that is free from all forms of harassment, including sexual harassment and discrimination. Employees must cooperate, be supportive, and value the diversity of their fellow colleagues and the public.
It is recognized that employees may interact with colleagues and the public outside of the workplace and outside of working hours. Where such interactions occur, employees are expected to refrain from any conduct that could negatively affect the workplace, or the reputation of the OAG and/or the Legislative Assembly. Further information is outlined in the Respectful Workplace Policy: Addressing and Preventing Sexual Harassment, Harassment and Bullying, the Diversity and Inclusion Policy, and The Human Rights Code.
SAFE WORKPLACES
Leadership must ensure that OAG workplaces are safe for their employees and the public. Employees must follow the policies and procedures established by the office to eliminate or minimize occupational safety and health risks at their workplace. See The Workplace Safety and Health Act, and the Workplace Impairment Policy for more information.
ROLES AND RESPONSIBILITIES
Auditor General
The Auditor General is responsible for overseeing the administration of the Code to ensure public confidence in the integrity of the OAG is preserved. The Auditor General uses the Code to promote the values, ethics, and expectations needed to maintain the independence of the OAGF and its ability to provide non-partisan reports.
Senior Management Team
The Senior Management Team (SMT) has a particular responsibility to exemplify, in their actions and behaviours, the values and principles set out in this Code, and to promote an internal culture focused on quality and compliance with OAG policies and procedures.
Assistant Auditor General, Professional Practices & Quality Assurance
The Assistant Auditor General, Professional Practices & Quality Assurance (AAGPPQA) assists in matters that employees proactively disclose. The AAGPPQA is also responsible for reviewing conflict-of-interest declarations, and determining what safeguards are required. The Declarations and safeguards are shared with the SMT.
Human resources
The Director, Corporate Services provides policy direction, as well as advice and support to service areas on the administration of the Code. The Director, Corporate Services will also typically lead investigations into alleged violations of the Code.
Managers and supervisors
By virtue of their positions, managers and supervisors must demonstrate and promote the behaviours identified in the Code to their team members. Supervisors must ensure engaging in ongoing dialogue with their team members and report any violation to their SMT member and the Director, Corporate Services.
Employees
All employees are responsible for adhering to the values and expected behaviours of the Code. Where an employee is unsure of the appropriate ethical course of action, they should seek guidance from their supervisor or the Director, Corporate Services.
All employees have a duty to report any situation that they believe is in violation of the Code. Such concerns should be disclosed in a timely manner, as per the process outlined in the Violations of code section.
VIOLATIONS OF THE CODE
Employees at all levels are encouraged to try to resolve issues fairly and respectfully and to consider informal processes, such as dialogue or mediation. As another option, employees who witness or know about a probable ethical breach or wrongdoing in the workplace can refer the matter in confidence and without fear of reprisal to the attention of:
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Their immediate supervisors
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Their Executive Member
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The Director, Corporate Services
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The Assistant Auditor General, Professional Practices and Quality Assurance
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The Auditor General
Employees of an audited entity or the general public who have reason to believe that an OAG employee has not acted in accordance with this Code can bring the matter to the OAG’s designated officer at conduct@oag.mb.ca. All issues brought forward are vetted and then reviewed by the Auditor General.
WHISTLEBLOWER PROTECTION
The details of any reported issue are to be kept confidential by all parties involved. However, the Code is not intended to discourage or prevent employees from exercising any legal rights, including under applicable collective agreements or legislation.
The OAG will not disclose the name of a complainant, alleged respondent, or the circumstances related to a reported issue to any person, except where the complaint is necessary to investigate, take corrective action, or is required by law.
The person making the complaint and the person who was involved in the alleged violation of the Code will be informed if the allegation was substantiated or not. This information may also be shared with witnesses that were a part of the investigation process.
CONSEQUENCES
If a person is found to have engaged in activities contrary to the Code, the employer will take corrective action, which may include disciplinary measures up to and including termination of employment.
FRIVOLOUS COMPLAINTS
Corrective action may also be taken against those who were found to have made a complaint for frivolous or vindictive reasons. This does not apply to complaints made in good faith but are not substantiated.
REPRISAL
Reprisal is not permitted against an employee exercising their rights in good faith under the Code. Any act of reprisal will be cause for disciplinary action up to and including termination of employment. Reprisal can include, but is not limited to, an actual or threatened harmful act, penalizing someone for making a complaint (for example, a supervisor purposely excluding an employee, giving stricter deadlines, or an unmanageable workload after a complaint is made) and/or withholding a benefit for making a complaint (for example, future negative implications to careers such as loss of job opportunities).
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