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General
The Municipal Act in Ontario permits a council to
establish a Code of Conduct for its members of Council. That Code, together
with provincial law, sets out the ethical standards of behaviour for those
members.
Caledon Council approved such a Council Code of Conduct in
October 2010.
The Act also permits Council to appoint an Integrity Commissioner who
performs specified functions regarding the application of the Council Code of
Conduct (the Code) in the Town of Caledon. Council has appointed John E.
Fleming as its Integrity Commissioner for the period from March 22, 2011 to
the end of the Council term in 2014.
All elected officials (the Mayor and Councillors) are subject to the Code.
The Integrity Commissioner’s role is to:
1. Keep elected officials aware of
the requirements of the Code;
2. Respond to requests from members
of Council for advice regarding their obligations and compliance;
3. Conduct inquiries and
investigations into alleged contraventions of the Code, make decisions and
impose penalties where he finds that the Code has been breached; and
4. Report annually to Council on the
activities of the Office.
Frequently Asked Questions
How does the Integrity Commissioner
get involved?
1. Members
of Council can ask the Integrity Commissioner for advice. Generally, this
is to ensure that members of Council have available a resource to assist them
in determining how to comply with the requirements of the Code.
2. The Council, or any member of
the Council, can request the Integrity Commissioner to launch an inquiry
and, if necessary in the Commissioner’s opinion, an investigation into an
alleged contravention of the Code by an individual member or members.
3. Members of the public may
also request the Integrity Commissioner to launch an inquiry and, if
necessary in the Commissioner’s opinion, an investigation into an alleged
contravention of the Code by an individual member or members of Council.
What is the extent of the Integrity
Commissioner’s Authority?
The Code sets out the scope of the Integrity Commissioner’s authority and
describes several types of complaints that would be covered by existing
legislation, and therefore not subject to the Integrity Commissioner’s
mandate. The first step in the process will involve the Integrity
Commissioner determining whether the complaint falls within his mandate.
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 because a process is provided under
the Municipal Conflict of Interest Act.
The Integrity Commissioner, in conducting his inquiry and investigation, has
the power to review all pertinent Town files and records that have a bearing
on the allegation, and access to anyone who is relevant to the complaint.
On completion of his inquiry and investigation, the Commissioner will submit
a final report to the Council, outlining his findings, the terms of any
settlement of the complaint, recommended corrective action, and/or penalty
imposed.
Who can file a complaint?
Members of the public, as well as Members of Council, can file a complaint
under the Code.
What is the process for filing a complaint?
Members of the public and Council can file a complaint by following the Code
and completing a Complaint Review
Request. The complaint is
filed with the Director of Administration together with a $125 fee.
The Director of Administration will formally forward the complaint to the
Integrity Commissioner, and advise Council of the complaint through
submission of an open report to Council which outlines the following:
1. Name of alleged offender;
2. Name of complainant;
3. The provision of the Code allegedly contravened;
4. Facts constituting the alleged contravention;
5. File number of the request;
6. Date of request.
Refundable Fee
The fee payable will be refunded except where the Integrity Commissioner
determines:
1. A finding that the complaint is
frivolous, vexatious or not made in good faith, or that there are no grounds
or insufficient grounds for an inquiry.
2. That there has been no
contravention of the Code or that a contravention occurred although a Member
took all reasonable measures to prevent it, or that the contravention
occurred which was trivial or committed through inadvertence or an error of
judgment made in good faith.
How is the complaint investigated?
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 may include
an interview with anyone considered relevant to the complaint by the Integrity
Commissioner. Within 90 days of
filing the complaint, the Integrity Commissioner submits a report to Council,
detailing any contravention of the Code and any recommendations, corrective
action and/or penalty.
Does the Integrity Commissioner
investigate complaints about Town employees?
The Integrity Commissioner does not have any authority over Town employees
with the exception of the CAO. The
activities of the Integrity Commissioner relate to the Council Code of
Conduct.
Can an anonymous complaint be filed?
The Code of Conduct makes no provision for anonymous complaints and requires
the Director of Administration to submit a report to Council outlining the
following:
1. Name of alleged offender;
2. Name of complainant;
3. The provision of the Code allegedly contravened;
4. Facts constituting the alleged contravention;
5. File number of the request;
6. Date of request.
How is the public informed of the
Commissioner’s activity?
The Integrity Commissioner is required to submit a final report regarding a complaint
to Council and shall submit an annual report on complaints filed. These reports may be obtained through the
Town’s website or by contacting the Town Clerk’s Office at clerks@caledon.ca or call 905-584-2272
ext 2366.
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