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HomeMy WebLinkAboutBy-law No. 2017-124 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-124 BEING A BY-LAW TO APPOINT INDEPENDENT RESOLUTIONS INCORPORATED 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 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: 1. 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, 2018. 3. THAT By-law No. 2015-123 and 2007-127 be repealed in their entirety on January 1 , 2018. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2017. MA OR CLER�� MUNICIPAL CLOSED MEETING INVESTIGATOR AND INTEGRITY COMMISSIONER AGREEMENT MEMORANDUM OF AGREEMENT effective the 18t day of January,2018. BETWEEN: CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter,the"Municipality"") OF THE FIRST PART -and- INDEPENDENT RESOLUTIONS INCORPORATED (hereafter,the"Municipal Closed Meeting Investigator and Integrity Commissioner"or the "Independent Investigator") OF THE SECOND PART (hereinafter, collectively referred to as the"Parties") WHEREAS: A. Elgin County and Middlesex County issued a joint Request for Proposals (Reference No. ADM 2017-1)to seek out and retain the services of a combined Municipal Ombudsman,Closed Meeting Investigator, and Integrity Commissioner for each of the said municipal corporations and lower-tier municipalities; B. Section 239.2(1) of the Act authorizes a municipality to appoint an investigator(hereafter, Closed Meeting Investigator") who has the function of investigating in an independent manner upon a complaint made to him or her by any person, whether a municipality or local board has complied with Section 239 of the Act or a procedure by-law under subsection 238(2) of the Act in respect of a meeting or part of a meeting that was closed to the public, and to report on such investigation; C. Section 223.3(1) of the Act authorizes a municipality to appoint an Integrity Commissioner (hereafter, "Integrity Commissioner") who reports to council and who is responsible for performing in an independent manner functions assigned by the municipality with respect to, (a) the application of the code of conduct for members of council, its local boards and/or their committees; (b) the application of procedures, rules and policies governing the ethical behavior of members of council, its local boards and/or committees; or (c) both of clauses(a) and (b). D. Sections 239.2(2) and 223.3(2) of the Act provide that a Municipal Closed Meeting Investigator and Integrity Commissioner may exercise the powers and perform the duties assigned to him or her by the appointing municipality; E. Sections 239.2(8) and 223.4(1) of the Act provide that a Municipal Closed Meeting Investigator and Integrity Commissioner are not required to be an employee of the appointing municipality; F. Section 223.4(5) of the Act does not preclude a municipally-appointed Integrity Commissioner from recommending to council such remedial measures other than those measures listed in 223.4(5) to carry out the objectives of the procedures, rules and policies governing the ethical behavior of members of council and/or local boards, so long as such measures are not penalties and do not constitute offences; G. The Municipality of Bayham located within the territorial limits of Elgin County believe it to be in the public interest to engage in cooperative purchasing with respect to a Municipal Closed Meeting Investigator and Integrity Commissioner and Elgin County has agreed to be responsible for the payment of the Annual Retainer for any participating local municipality for services within their respective geographic jurisdiction; H. The Municipality of Bayham, on its own behalf deems it desirable and appropriate to appoint Independent Resolutions Incorporated as its respective Municipal Closed Meeting Investigator and Integrity Commissioner on an as needed basis, who may exercise the powers and perform the duties assigned to him,as set out in this Agreement; I. Independent Resolutions Incorporated has the skills, abilities, and has consented to act as the Municipal Closed Meeting Investigator and Integrity Commissioner pursuant to the terms and conditions set out in this Agreement; and NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR ($1.00) now paid by each Party hereto to the other such Party and the mutual covenants and obligations set forth herein, the receipt and sufficiency of which consideration is hereby acknowledged,the Parties hereto agree as follows: 1 Interpretation 1.1 The above recitals are true and are hereby incorporated into this Agreement by reference. 1.2 For the purposes of this Agreement, "committee" and "local board" shall have the meanings as defined in section 1(1)of the Act,as amended or replaced. 1.3 For the purposes of this Agreement, "inquiry(ies)" shall have the meaning as defined in the Public Inquiries Act, 2009, SO 2009, c 33, Sch 6, as amended or replaced. 1.4 In this Agreement, "Communication" means any notice, demand, request, consent, approval or other communication which is required or permitted by this Agreement to be given or made by a party. 2 Appointment and Powers 2.1 Pursuant to the authority vested in sections 239.2(1) and 223.3(1) of the Act, the Municipality hereby appoints Independent Resolutions Incorporated as its respective Municipal Closed Meeting Investigator and Integrity Commissioner (hereafter, collectively referred to as the "Independent Investigator"), who may exercise the powers and perform the duties assigned to him below: 2.1.1 In the role of Closed Meeting Investigator,the Independent Investigator shall on an as needed basis and upon receiving a complaint by any person, investigate in an independent manner, any meeting or part of a meeting of the Municipality and its local boards, that is closed to the public in accordance with section 239.2(1-2) of the Act, and 2.1.2 In the role of Integrity Commissioner, the Independent Investigator shall in accordance with sections 223.3(1-2)of the Act: (a) upon receiving a request by Council, a member of Council, the Clerk or a member of the public, conduct inquiries in an independent manner with respect to adherence to the procedures, rules and policies of the Municipality and the Municipality's local boards; (b) upon request made by Council, a member of Council or a member of the public, conduct inquiries in an independent manner with respect to the ethical behaviour of Councillors and Members of Council and the Municipality's local boards in accordance with section 223.4 of the Act;and (c) following any inquiry conducted pursuant to section 2.1.2(a-b) above, make a report and recommendations to Council or local boards as applicable; and, (d) without limiting that set forth above or herein and in respect of any such applicable inquiry: (i) the Independent Investigator,when conducting an inquiry in accordance with section 2.1.2(b)of this Agreement and section 223.4 of the Act, shall treat the procedures, rules and policies of the Municipality and its local boards as part of the code of conduct applicable for the purposes of carrying out inquiries. (ii) Following an inquiry pursuant to 2.1.2(b) herein and section 224.4 of the Act, the Independent Investigator may make recommendations to council and/or local boards, as set out in subsection 223.4(5)of the Act and in addition, may recommend to Council and the Municipality's local boards at his or her • discretion, such other remedial measures (including but not limited to apologies, return of property, etc.) necessary to carry out the objectives set out in the procedures, rules and policies, so long as such remedies are not penalties and do not constitute offences do not provide that any Councilor or member is guilty of an offence. 2.2 In addition to and in furtherance of the appointments and powers provided to the Investigator in section 2.1 above, the Municipality hereby confirms that the Independent Investigator shall have the powers set out in Schedule "A" in his role as Close Meeting Investigator, and the powers set out in Schedule"B" in his role as Integrity Commissioner. 2.3 The Municipality shall provide to the Independent Investigator the following documents for the Municipality and its local boards: 2.3.1 A certified copy of the Municipality's Procedural By-law; 2.3.2 A certified copy of the Municipality's Notice By-law; 2.3.3 A certified copy of the procedures, rules and policies of the Municipality and the Municipality's local boards; 2.3.4 A listing of applicable local boards subject to this Agreement;and 2.3.5 A certified copy of the Municipality's Council Code of Conduct. 3 Process and Duties 3.1 Every request for an investigation or inquiry of: (a) any meeting or part of a meeting of the Municipality or its local boards that is closed to the public; (b) adherence to the procedures, rules and policies of the Municipality or its local boards; or (c) the ethical behavior of members of Council or the Municipality's local boards,shall: 3.1.1 Be directed to the Independent Investigator; 3.1.2 Be in writing; 3.1.3 Include the reasons for the request; 3.1.4 Be signed; and 3.1.5 Include an address and telephone number of the person making the request or complaint. Should a request for an investigation or inquiry noted in section 3.1(a)-(c)be received by any other person employed by the Municipality other than the Independent Investigator, that person shall forthwith notify the CAOICIerk who shall provide the requesting party with the contact information of the Independent Investigator so that the requesting party may make the request directly to the Independent Investigator. 3.2 Upon receipt of a request for investigation or inquiry, the Independent Investigator will be provided immediate access to the following information by the CAOICIerk or any other Department Head that the Investigator deems appropriate: 3.2.1 The original request or complaint; 3.2.2 A contact list for all members of Council or local board relevant to the request or complaint; and 3.2.3 Such other information or documentation that the Independent Investigator or Independent Investigator's Delegate may from time to time deem relevant to the investigation or inquiry. 3.3 The Independent Investigator shall fulfill the following duties: 3.3.1 To conduct investigations and inquiries from time to time upon receipt of a request to determine compliance with the Act; 3.3.2 To report in writing on such investigations to Council and local boards of the Municipality, as applicable; 3.3.3 To proceed without undue delay and with due diligence to investigate a complaint, and to consider time to be of the essence with any and all investigations or inquiries; 3.3.4 To proceed to investigate a complaint impartially and independently of the Municipality and its local boards; 3.3.5 To hear or obtain information from such persons in accordance with the Act; 3.3.6 To preserve the confidentiality of all matters of any investigation or inquiry that require secrecy, save and except disclosure of such matters permitted by the Act to establish grounds for report conclusions and/or recommendations; 3.3.7 To properly apply the doctrine of legal privilege, as applicable to Councillors and members of local boards; 3.3.8 If at any time during the course of an investigation or inquiry it appears to the Independent Investigator that there may be sufficient grounds for a report or recommendation that may adversely affect the Municipality, a local board of the Municipality, a Councilor, a municipally-controlled corporation or any other individual person, the Independent Investigator shall give Council the local board, or the individual an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel; 3.3.9 To draft written report to Council and/or local board, as applicable, with appropriate recommendations; and 3.3.10 To dismiss complaints that are without merit or deemed to be vexatious and prepare a report confirming the non-meritorious nature of such complaints. 3.4 Without limiting and in addition to the duties provided for in section 3.3 above, the Municipality hereby confirms that the Independent Investigator shall be subject to the rules and shall have the duties set out in Schedule "A"in his role as Closed Meeting Investigator, and set out in Schedule "B"in his role as Integrity Commissioner. 3.5 Upon receipt by the Municipality or a local board, a report of the Independent Investigator shall be part of the public record. 4 Fees 4.1 Elgin County shall pay the Annual Retainer for the Municipality of Bayham. 4.2 The Municipality shall pay the fees and expenses of the Independent Investigator at a rate of One Hundred Fifty Dollars ($150.00) per hour, plus applicable taxes and reasonable disbursements,during such time as the Independent Investigator is performing the duties set out in this Agreement. The Independent Investigator agrees that the above rate shall be charged only for such time that he is actively investigating a complaint and preparing/presenting a report to Council or local board. 5 Term of Agreement 5.1 Subject to the termination and amendment provisions of this Agreement (sections 6 and 7), the term of this Agreement shall commence at 12:00 a.m. on January 1, 2018 and expire at 11:59 p.m. on December 31,2020("Term"). 5.2 At least six (6) months prior to the end of the Term, the Parties agree to discuss renewal terms. If no agreement is reached prior to the last day of the Term, this Agreement shall expire unless the Parties mutually agree in writing to extend the negotiation period for sixty (60)days ("Extension Period"). In the event renewal terms have not been agreed to by the Parties at the end of the Extension Period, this Agreement shall terminate immediately on the last day of the Extension Period. 6 Termination 6.1 This Agreement may be terminated by any party on ninety (90) days written notice to the other party, provided that any investigations or inquiries commenced prior to the termination date shall be completed pursuant to this Agreement and all related fees shall be paid as set out in the Agreement. 7 Amendment 7.1 No amendment, discharge, modification, restatement, supplement, or termination of this Agreement is binding unless it is in writing and executed by the Parties. 8 Notices 8.1 Any Communication between the Parties must be in writing and either be: (a) delivered personally or by courier; (b) sent by prepaid registered mail; or (c) transmitted by facsimile, e-mail or functionally equivalent electronic means of transmission, and in any such circumstances, all charges(if any) prepaid. Any Communication must be sent to the intended Party at its address for service listed on the signature pages of this Agreement or to any other address as any party may at any time advise the other by Communication given or made in accordance with this section. Any Communication delivered to a party to whom it is addressed will be deemed to have been given or made and received on the day it is delivered at that party's address, provided that if that day is not a business day then the Communication will be deemed to have been given or made and received on the next business day. Any Communication transmitted by facsimile, e-mail or other functionally equivalent electronic means of transmission will be deemed to have been given or made and received on the day on which it is transmitted; but if the Communication is transmitted on a day which is not a business day or after 4:00pm (local time of the recipient), the Communication will be deemed to have been given or made and received on the next business day. 9 Dispute Resolution 9.1 Upon written request to resolve any disputes arising from this'Agreement which is sent by one party to another, the parties hereby agree to resolve all disputes pursuant to this section. Upon receipt by the receiving party of a written request to resolve disputes, the Parties shall first attempt to resolve all disputes by way of formal negotiation between the Parties and their appointed representatives. If the disputes cannot be settled within thirty (30) days from the receipt of the written request to resolve disputes by the receiving party, then the Parties shall enter into a structured negotiation on a without prejudice basis with the assistance of a mediator appointed by them. If the disputes cannot be settled within ninety (90) days from the receipt of written request to resolve disputes by the receiving party, or such longer period as may be agreed to by the Parties, the Parties shall, refer the matter forthwith to an arbitration which shall finally resolve the dispute(s). The aforementioned arbitration shall be conducted in accordance with the Ontario Arbitration Act, 1991, SO 1991, c 17, as amended or replaced. 10 Assignment 10.1 The Parties agree that the Independent Investigator shall not assign or alienate, in whole or in part, this Agreement or the power or authority granted hereunder without the prior written approval of the Municipality,which approval may be unreasonably withheld. 11 Entire Agreement 11.1 The Parties agree this Agreement, including any Schedule hereto, constitutes the entire agreement and consensus between the Parties as of the date hereof. There are not and shall not be any verbal statements, representations, warranties, undertakings, or other agreements relating to the specific power or authorization contemplated herein as between the Parties. 12 Severability 12.1 Each section of this Agreement is distinct and severable. If any section of this Agreement, in whole or in part, is or becomes illegal, invalid, void, voidable or unenforceable in any jurisdiction by any court of competent jurisdiction, the illegality, invalidity or unenforceability of that section, in whole or in part,will not affect: (a) the legality, validity or enforceability of the remaining sections of this Agreement, in whole or in part; or (b) the legality, validity or enforceability of that section, in whole or in part, in any other jurisdiction. 13 Governing Law 13.1 This Agreement is governed by, and is to be construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable in that Province. 14 Counterparts 14.1 This Agreement may be executed and delivered by the Parties in one or more counterparts, each of which will be an original, and each of which may be delivered by facsimile, e-mail, or other functionally equivalent electronic means of transmission, and those counterparts will together constitute one and the same instrument. 15 Enurement 15.1 The Parties hereto agree that this Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs,executors, administrators, and assigns. IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date(s)set out below and the Parties agree that this Agreement shall be effective on the date set out at the top of page one (1)of this Agreement. CORPORATION OF THE MUNICIPALITY OF BAYHAM Date: December 21,2017 Address for Service: Per: pe,6Municipality of Bayham Name: Pau 56169 Heritage Line Position: Mayor Straffordville, ON NOJ 1Y0 Per: Nam: 'a a.. P•:'tion: C • ' • Schedule"A"to By-law No.2017-124 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM POLICY FOR MUNICIPAL CLOSED MEETING INVESTIGATIONS Section 1 -Policy Statement 1.1 The Municipality of Bayham is committed to ensuring that a request for an investigation under Section 239 of the Municipal Act, 2001 as amended (the Act) is dealt with in a fair, open and expeditious manner. 1.2 The municipality commits to full co-operation including the provision of all information requested by the Municipal Closed Meeting Investigator(the Investigator), either written or through interviews, to assist the Investigator in his investigations. 1.3 The municipality commits to including any report received from the Investigator related to an investigation under the Act, on a public agenda and to considering such report in an open public meeting of Council or a Committee of Council. 1.4 This policy shall be posted on the municipal website and available from the Municipal Office. 1.5 This policy applies to all appointed Boards as defined in the Municipal Act. Section 2-Background: 2.1 By-law No. 2017-124 appoints Independent Resolutions Incorporated as a Municipal Closed Meeting Investigator and authorizes him to conduct investigations upon receipt of a complaint in respect of meetings or part of meetings that are closed to the public to determine compliance with the Act or the Municipal Procedural By-law and to report on the results of such investigations. Section 3-Complaints Procedures: 3.1 Members of the public are encouraged to speak directly with the Clerk regarding a Complaint in order to resolve any concerns prior to beginning the formal complaint process. 3.2 Members of the public may submit complaints to the Clerk and/or the Investigator relating to compliance with the Act or the Municipal Procedural By-law for meetings or part of meetings that are closed to the public. 3.3 All complaints will be treated as confidential, unless authorization is given by the complainant to release his or her identity. 3.4 Every request for an investigation shall be initiated through the submission of the "Municipal Investigation Complaint Form" ("Complaint Form") provided. The said Complaint Form shall be made available to the public through the Municipal Office or can be downloaded from the Municipal website at www.bayham.on.ca 3.5 All complaints must contain: • Name of Municipality ® Complainant's name, mailing address,telephone number and e-mail address(if applicable) ® Date of Closed Meeting under consideration 9 Nature and Background of the particular occurrence ® Any activities undertaken(if any)to resolve the concern ® Any other relevant information ® Direction with respect to release of identity ® Original signature 3.6 When complaints are submitted directly to the Clerk,the Clerk shall follow the following procedures: 3.6.1 Take all measures to ensure the envelope remains sealed and its contents remain confidential; 3.6.2 Assign a file number and record said file number on the envelope; 3.6.3 Log the file number together with the date and time received; 3.6.4 Forward,forthwith to the Investigator by regular mail or email. 3.7 For all complaints, the municipality shall supply forthwith the following or any other information or documentation as requested by the Investigator related to a complaint: 3.7.1 Certified copy of Notice of Meeting 3.7.2 Certified copy of Agenda 3.7.3 Certified copy of Minutes of Meeting 3.7.4 Relevant Resolutions 3.7.5 Municipal contact list 3.7.6 Other Schedule"B"to By-law No.2017-124 ADDITIONAL RULES & DUTIES: INTEGRITY COMMISSIONER (By Reference To Applicable Statutory Authorities) Municipal Act, 2001, S.O. 2001, c.25, as amended Delegation 223.3 (3) The Commissioner may delegate in writing to any person, other than a member of council, any of the Commissioner's powers and duties under this Part. Same (4) The Commissioner may continue to exercise the delegated powers and duties, despite the delegation. Powers on inquiry 223.4 (2) The Commissioner may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry. (Secondary Statutory Reference Set Forth Immediately Below)Public Inquiries Act, 2009, SO 2009, c 33, Sch 6,as amended Definition 33. (1) In this section, "inquiry" includes a determination, examination, hearing, inquiry, investigation, review or other activity to which this section is applicable. Definition 34. (1) In this section, "inquiry"includes an inquiry or other activity to which this section is applicable. Application (2) This section applies to, (c) an inquiry conducted under subsections 223.4 (2) and 223.12 (2) of the Municipal Act, 2001;and Information (3) The municipality and its local boards shall give the Commissioner such information as the Commissioner believes to be necessary for an inquiry. Same (4) The Commissioner is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality or a local board that the Commissioner believes to be necessary for an inquiry. Penalties (5) The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion,the member has contravened the code of conduct: 1. A reprimand. 2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days. Same (6) The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection (5)in respect of the same contravention. Duty of confidentiality 223.5 (1) The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part. Exception (2) Despite subsection (1), information may be disclosed in a criminal proceeding as required by law or otherwise in accordance with this Part. Section prevails (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act. Report to council 223.6 (1) If the Commissioner provides a periodic report to the municipality on his or her activities, the Commissioner may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned. Report about conduct (2) If the Commissioner reports to the municipality or to a local board his or her opinion about whether a member of council or of the local board has contravened the applicable code of conduct, the Commissioner may disclose in the report such matters as in the Commissioner's opinion are necessary for the purposes of the report. Publication of reports (3) The municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public. Testimony 223.7 Neither the Commissioner nor any person acting under the instructions of the Commissioner is a competent or compellable witness in a civil proceeding in connection with anything done under this Part. Reference to appropriate authorities 223.8 If the Commissioner, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code (Canada), the Commissioner shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-124 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 Inc. 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 Independent Resolutions Inc. 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: 1. THAT, subject to execution of the agreement attached as Schedule "A" hereto, Independent Resolutions Inc. 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, 2018. 3. THAT By-law No. 2015-123 and 2007-127 be repealed in their entirety on January 1, 2018. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2017. MAY'O'R C , K