HomeMy WebLinkAboutBy-law No. 2020-077THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2020-077
BEING A BY-LAW TO APPOINT INDEPENDENT RESOLUTIONS INC. AS THE
INTEGRITY COMMISSIONER & CLOSED MEETING INVESTIGATOR FOR THE
MUNICIPALITY OF BAYHAM PURSUANT TO SECTIONS 8, 9, 10, 11, 223.3, & 239.2 OF
THE MUNICIPAL ACT, 2001, S.O. 2001, C.25, AS AMENDED
WHEREAS Section 223.3 of the Municipal Act, 2001, as amended, authorizes a municipal
council to appoint an Integrity Commissioner who is responsible for performing in an
independent manner functions related to the Code of Conduct of members of council and local
boards;
AND WHEREAS Section 239.2 of the Municipal Act, 2001 as amended, authorizes a
municipality to appoint an Closed Meeting Investigator who has the function to investigate in an
independent manner, a complaint made to him or her by any person, whether the municipality or
a local board has complied with section 239 or a procedure by-law under subsection 238 (2) in
respect of a meeting or part of a meeting that was closed to the public, and to report on the
investigation;
AND WHEREAS such services shall be undertaken by an Integrity Commissioner and Closed
Meeting Investigator appointed by the Municipality, pursuant to Sections 8, 9, 10, 11, 223.3,
239.2 of the Act;
AND WHEREAS the Municipality deems it advisable to appoint Independent Resolutions
Incorporated as Integrity Commissioner and Closed Meeting Investigator to perform these
services for a three-year term commencing on January 1, 2018 with the option to renew for two
additional years;
AND WHEREAS the Municipality deems it advisable to renew the appointment of Independent
Resolutions Inc. as Integrity Commissioner, Closed Meeting Investigator and Ombudsman to
perform these services for an additional two-year term commencing on January 1, 2021; and,
AND WHEREAS Independent Resolutions Incorporated has expressed interest in providing
services to the Municipality acting as Integrity Commissioner and Closed Meeting Investigator on
the terms and conditions as agreed from time to time and under written agreement in the form
and of the content attached as Schedule "A" hereto;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Bayham hereby enacts as follows:
THAT, subject to execution of the agreement attached as Schedule "A" hereto,
Independent Resolutions Incorporated is hereby appointed as Integrity Commissioner,
and Closed Meeting Investigator for the Municipality of Bayham to perform those
functions set forth in Sections 223.3 through 223.6, and 239.1 (1-11) of the Municipal
Act, 2001 (Ontario) including but unlimited to:
a. Advice as to the application of the Code of Conduct, the Municipal Conflict of
Interest Act, and any related procedures, rules, and policies governing the
ethical behavior of members of council and local boards;
b. Conducting inquiries in respect of any requests alleging contravention of the
Code of Conduct, the Municipal Conflict of Interest Act and/or any other
procedures, rule or policy governing the ethical behavior of members of council
and local boards;
c. Conducting inquiries in respect to the municipality or local boards' compliance
with section 239 in respect of a meeting or part of a meeting that was closed to
the public and in respect to any decision or recommendation made, or act done
or omitted in the course of the administration;
d. Reporting to Council for the Corporation of the Municipality of Bayham as to
activities as Integrity Commissioner and Closed Meeting Investigator, including
but not limited to reports as to the results of any inquiry into alleged
contravention and/or an annual report of activities as Integrity
Commissioner/Investigator; and,
e. Educating members of council, members of local boards, the municipality and
the public about the municipality's code of conduct for members of council and
members of local boards and about the Municipal Conflict of Interest Act.
2. THAT this by-law shall come into force and take effect on January 1, 2021.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF
OCTOBER 2020.