| The following
questions and answers include sample questions to other Integrity
Commissioners in Ontario.
What are the Commissioner’s main duties?
All elected public officials are subject to a Code
of Conduct. The mandate of the Integrity Commissioner is to
ensure that this code of behaviour and ethics governing elected
officials is objectively applied. Duties of the Integrity Commissioner
include conducting inquiries into requests made by a member of the
public, Council, or a Member of Council, into whether or not a Member
of Council has contravened the Code of Conduct. The Integrity Commissioner will be reviewing the current Code of
Conduct for Members of Council.
What is the extent of the Integrity Commissioner's
authority?
Council has adopted a Complaint
Protocol (click here to view) that sets out the scope of the
Integrity Commissioner's authority over matters addressed by the
Code
of Conduct. The Protocol describes several types of complaints
that would be covered by existing legislation or mechanisms. For
example, an allegation that may involve a contravention of the Criminal
Code of Canada is a police matter, and would not be investigated
by the Integrity Commissioner. Likewise, the Integrity Commissioner
would not consider a complaint of alleged conflict of interest involving
a Member of Council as a remedy is provided
under the Municipal Conflict of Interest Act. Contact the Integrity
Commissioner to determine if the matter is a Code of Conduct violation.
Who can file a complaint?
Members of the public, as well as other Members of Council, can
file complaints under the Protocol.
What is the process for filing a complaint?
Members of the public can file a complaint by following
the Complaint
Protocol (click here to view) and completing a signed affidavit
(click to download). The complaint is
filed with the City Clerk and then forwarded to the Integrity Commissioner.
How is the complaint investigated?
Where an informal resolution cannot be achieved, a formal investigation is undertaken. The elected official
is given a copy of the complaint and asked to respond in writing to the complaint, with a copy of this
response being provided to the complainant. The process could include
an interview with the complainant and the Integrity Commissioner.
Within 90 days of filing the complaint, the Integrity Commissioner
submits a report to Council, detailing any contravention of the
Code of Conduct and any recommendations. Council determines what
action will be taken.
Does the Integrity Commissioner investigate
complaints about City employees?
The Integrity Commissioner does not have any authority over City
employees, including City Council staff. The activities of the Integrity
Commissioner relate to the Council Code
of Conduct.
Can an anonymous complaint be filed?
The Complaint Protocol makes no provision for anonymous complaints
or for withholding the complainant's name from the Member of Council.
However, the Protocol does include an informal complaint procedure
that allows the Integrity Commissioner to have an informal discussion
with the Member of Council in an attempt to resolve the issue.
How is the public informed of the Commissioner’s
activity?
The Commissioner publishes an annual report and it is posted to
the City’s website.
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