The Municipal Act 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 Fleming as its Integrity Commissioner.
All elected officials (the Mayor and Councillors) are subject to the Code.
The role of the Integrity Commissioner is to:
- Keep elected officials aware of the requirements of the Code;
- Respond to requests from members of Council for advice regarding their obligations and compliance;
- Conduct investigations into formal complaints received for contraventions of the Code, make decisions and impose penalties where he finds that the Code has been breached; and
- Report annually to Council on the activities of the Office.
Frequently Asked Questions
1. How does the Integrity Commissioner get involved?
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. Council, any member of the Council or members of the public 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.
2. 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.
3. Who can file a complaint?
Members of the public as well as members of Council can file a complaint under the Code.
4. What is the process for filing a complaint?
Members of the public and Council can file a complaint by completing a Complaint Review Request Form. The Town Clerk will formally forward the complaint to the Integrity Commissioner for review, investigation if appropriate and determination.
To submit a complaint or for more information contact Legislative Services at 905.584.2272 x. 2366.
5. How is the complaint investigated?
The investigation is conducted at the discretion of the Integrity Commissioner.
6. Does the Integrity Commissioner investigate complaints about Town employees?
The Integrity Commissioner will conduct inquiries into alleged contraventions by the Chief Administrative Officer of teh Employee Code of Conduct in accordance with the procedures set out in the Employee Code of Conduct.
7. Can an anonymous complaint be filed?
The Code of Conduct forbids any anonymous complaint and the anonymous complaint will not be accepted.
8. How is the public informed of the Commissioner's activity?
The Integrity Commissioner is required to submit an annual report on complaints filed. These reports may be obtained by contacting Legislative Services at 905.584.2272 x. 2366.