A complaint that a Member has contravened the Code may be initiated by any person, employee of the City, any other Member or by Council as follows:
- a complaint shall be made in the form attached form and is to be sent directly to the Integrity Commissioner by mail, e-mail, fax or courier (if required, pre-addressed and postage paid envelopes are available from the Clerks Division of the Corporate Services Department;
- a complaint shall be made in writing and must be signed and dated by the complainant who shall be an identifiable individual (complaints may not be submitted by any group, organization or corporation);
- a complaint shall include:
- an explanation, with specific reference to sections of the Code, as to why the issue raised is alleged to be a contravention of the Code.
- any evidence in support of the allegations in a sworn affidavit; and
- any witnesses in support of the allegation must be identified.
Informal Complaint Procedure
Any Member, employee of the City or a member of the public who has reasonable grounds to believe that a behaviour or activity of a Member has contravened the Code may wish to address the behavior or activity with the Member personally. The informal complaint procedure is set out below.
- The complainant shall advise the City Clerk that the complainant is willing to attempt to resolve the complaint informally with the Member of Council.
- The City Clerk shall contact the Integrity Commissioner.
- The Office of the Integrity Commissioner shall co-ordinate the meetings between the Member of Council and the complainant. The Office of the Integrity Commissioner shall act a convener of the meetings between the Member and the complainant and shall note the attendance of those
participating in the meetings and shall take no other role in the meetings.
- The complainant shall attend at meeting(s) with the Member of Council, alone or with one other person.
- The complainant shall advise the Member of the behaviour or activity which may contravene the Code.
- The complainant shall provide a written record of the incidents including dates, times, locations, other persons present, and any other relevant information and provide this information to the Member.
- The complainant shall discuss with the Member how the behavior or activity may be addressed.
- The Complainant shall confirm to the Member the complainant’s satisfaction with the response of the Member, or, alternatively advise the Member of the complainant’s dissatisfaction with the response.
- If the complainant is satisfied with the Member’s response, the complainant shall provide a statement in writing to the Integrity Commissioner that the complainant does not wish to pursue a formal inquiry and wishes to withdraw their complaint.
- If the complainant is dissatisfied with the Member’s response, the complainant shall provide a statement in writing to the Integrity Commissioner that the complainant will pursue other processes to
address their complaint. The complainant shall consider the need to pursue the complaint in accordance with the formal complaint procedure or in accordance with another applicable judicial or quasi-judicial process and shall advise the Integrity Commissioner of the complainant’s decision.
- The Integrity Commissioner shall communicate to the City Clerk whether the complainant is satisfied or dissatisfied with the informal complainant procedure.
Everyone is encouraged to initially pursue this informal complaint procedure as a means of stopping and remedying a behaviour or activity that is prohibited by the Code. However, it is not a prerequisite that those complaining must pursue the informal complaint procedure before pursuing the formal complaint procedure.
Formal Complaint Procedure
All complaints shall be submitted to the City Clerk and in the form provided and the City Clerk shall forthwith forward them without comment to the Integrity Commissioner.
All complaints must provide:
- the name of Member to whom the complaint relates;
(b) the nature of the alleged contravention;
- the specific provision(s) of the Code allegedly contravened;
- the names of any witnesses to the alleged contravention
- provide the specified filing fee of $25;
- a signed and sworn statement that sets out the evidence in support of the complaint; and
- any written material in support of the alleged contravention.
Upon receipt of a complaint involving a Member other than the Head of Council, the City Clerk shall immediately advise the Head of Council and City Manager. Upon receipt of a complaint involving the Head of Council, the City Clerk shall immediately advise the City Manager and the Acting Mayor.
Confidentiality
The Integrity Commissioner shall carry out all enquiries in a manner which will ensure that the individual to whom the complaint relates is treated fairly and all complaints shall be treated as confidential to the extent possible and in accordance with the Act.
All records of investigations shall be kept confidential and access limited to those in the City with a need to know for the purposes of conducting a full investigation.
Initial Review by Integrity Commissioner
Upon receipt of a complaint, the Integrity Commissioner shall conduct an initial review to determine if the matter is, on its face, a complaint with respect to non-compliance with the Code of Conduct and not covered by other legislation or other municipal policies.
If the complaint, including any supporting documents, is not on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint is covered by other legislation or a complaint procedure under another Council policy, the Integrity Commissioner shall advise the complainant in writing.
If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an investigation, or, where that becomes apparent in the course of an investigation, shall terminate the investigation.
Opportunity for Resolution
If at any time, following receipt of a formal complaint or during the investigation process, the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the member agree, efforts may be made to achieve an informal resolution.
Investigation & Settlement
If a complaint has been classified as being within the Integrity Commissioner’s jurisdiction, the Integrity Commissioner shall investigate and may attempt to settle the complaint.
The Integrity Commissioner will proceed as follows:
- Serve the complaint and supporting affidavit and material upon the Member whose conduct is in question with a request that a written response to the allegation by way of affidavit be filed within ten (10) days or such longer period as the Integrity Commissioner may authorize in writing; and
- Serve a copy of the responding affidavit provided by the Member upon the complainant with a request for a written reply by way of affidavit within ten (10) days or such longer period as the Integrity Commissioner may authorize in writing.
- Serve a copy of the reply upon the Member with a request that the Member provide a second written response by way of affidavit with ten (10) days or such longer period as the Integrity Commissioner may authorize in writing.
The Integrity Commissioner may speak to anyone relevant to the complaint, access and examine any of the information relevant to the complaint and to enter any municipal work location relevant to the complaint for the purpose of investigation and settlement.
The Integrity Commissioner is to be provided free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality.
The Integrity Commissioner may make interim reports to Council where necessary and as required to address any instances of interference, obstruction or retaliation encountered during the investigation.
If the Integrity Commissioner determines that there has been no contravention of the Code of Conduct or that a contravention occurred although the member took all reasonable measures to prevent it, or that a contravention occurred that was trivial or committed through inadvertence or error of judgment made in good faith, the Integrity Commissioner shall so state in the report and shall recommend that no penalty be
imposed.
Final Report
The Integrity Commissioner shall complete an investigation within 90 days. In circumstances where the Integrity Commissioner requires more than 90 days completing an investigation, the following shall be notified accordingly:
- the complainant;
- the Member to whom the complaint relates; and
- the City Manager and the Acting Mayor in the case of a complaint concerning the Head of Council.
Reporting the Results of an Investigation
The Integrity Commissioner shall provide a copy of the draft report to the complainant and the Member subject to the investigation within 20 days of the due date.
The report shall remain confidential until the matter has received complete and final disposition by the Integrity Commissioner and has been reported out to the Members of Council in an open meeting.
Should the Integrity Commissioner find a contravention, the Integrity Commissioner may recommend the penalties in accordance with the Municipal Act, 2001, for imposition by Council.
The Integrity Commissioner may also recommend to Council the following actions:
- Removal of the Member from membership of a Committee
- Removal of the Member as Chair of a Committee
- Repayment or reimbursement by the Member of moneys received
- Return of property by the member or reimbursement of its value
- A request for a written and/or verbal apology by the Member to Council, the complainant or both
Council shall consider and respond to a report from the Integrity Commissioner within 30 days after the day the report is laid before it. Any recommended corrective action shall be designed to ensure that the inappropriate behaviour or activity does not continue and any reprimand will be in accordance with Section 223.4 of the Act.