Council Code of Conduct - Questions and Answers

What are the Integrity Commissioner’s main duties?

Upon adoption by Whitchurch-Stouffville’s Council, the Mayor and all Members of Council are subject to the rules contained in the Code of Conduct. The role of the Integrity Commissioner is to ensure that the rules of the Code of Conduct are objectively applied. Duties of the Integrity Commissioner include providing training and education sessions to Members of Council, conducting inquiries into complaints 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.

What is the extent of the Integrity Commissioner’s authority?

Council has adopted a Code of Conduct and Complaint Protocol that sets out the scope of the Integrity Commissioner's authority over matters addressed by the Code of Conduct. The Complaint Protocol sets out the steps to be taking for a complaint to be filed against a Member of Council, as well as, the process that the Integrity Commissioner will follow during the complaint investigation. 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 under the Municipal Conflict of Interest Act (“MCIA”) involving a Member of Council as enforcement is provided under rules of the MCIA. Upon receipt of a Code of Conduct complaint, the Integrity Commissioner will conduct an initial classification to determine if the matter, is on its face, a matter that triggers the rules of the Code of Conduct, or if it a matter more appropriately addressed under another process or law.

Who can file a complaint?

Members of the public, as well as other Members of Council, can file complaints.

What is the process for filing a complaint?

Members of the public can file a complaint by following the steps set out in the Complaint Protocol and completing a signed affidavit. The complaint is filed with the Town Clerk and then forwarded to the Integrity Commissioner.

How is the complaint investigated?

An individual may decide to pursue the Code of Conduct complaint through the Informal Complaint process, attempting to achieve the resolution of the matter through an informal process. Where an informal resolution cannot be achieved, a Formal Complaint can be filed. If the Integrity Commissioner determines that the complaint is not frivolous or vexatious, and deems the matter, on its face, a matter that triggers a rule of the Code of Conduct, 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 the Integrity Commissioner requesting an interview with the complainant, the elected official, any member of staff or any witnesses listed in the complaint or otherwise determined by the Integrity Commissioner. Generally, within 90 days of filing the complaint, the Integrity Commissioner will submit a report to Council, detailing any contravention of the Code of Conduct and any recommendations. Council determines what action will be taken.

No action will be taken on a complaint that relates to a matter that occurred more than 6 months prior to the complaint being submitted to the Integrity Commissioner.

Does the Integrity Commissioner investigate complaints about Town employees or Town Council decisions?

The Integrity Commissioner does not have any authority over Town employees or Town Council decisions.  The Ombudsman of Ontario may receive complaints against actions, omissions or decisions of the Town administration or Town Council decisions.

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 Integrity Commissioner has the statutory discretion to determine what information will be included in a report to Council and will only include such information as deemed necessary to provide Council with ability to make an informed decision.