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HomeMy WebLinkAboutBy-law No. 2015-123THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-123 A BY-LAW TO ESTABLISH A POLICY RESPECTING MUNICIPAL CLOSED MEETING INVESTIGATIONS WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, S. 270, a municipality shall adopt and maintain policies to ensure 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. AND WHEREAS Council for the Corporation of the Municipality of Bayham deems it necessary and expedient to establish such policy under the provisions of the Municipal Act or its regulations by by- law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Policy Respecting Municipal Closed Meeting Investigations marked as Schedule "A" attached hereto and forming part of this By-law be and the same is hereby adopted. 2. THAT this By-law shall come into force and effect upon the date if its enactment. 3. THAT By-law No. 2008-009 be repealed in its entirety. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF December 2015. MA Schedule "A" to B/L 2015-123 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 el 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. 2007-093 appoints Mr. John Maddox (JGM Consulting) 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 . 5 A completed Complaint Form shall be submitted to either the Clerk's Office or directly to the Closed Meeting Investigator, in accordance with the following: 3.5.1 By delivery to the Clerk in a sealed envelope clearly identified as a Complaint under Section 239 of the Municipal Act, or 3.5.2 By mail directly to: John Maddox, Municipal Closed Meeting Investigator 99 Edgevalley Road, Unit #42 London, Ontario N5Y 5N1 3.5.3 By Email to maddoxio(c).sympatico.ca 3.6 Inquiries only may be made by telephone at 519-951-0330 during regular office hours. 3.7 All complaints must contain: * Name of Municipality ■ Complainant's name, mailing address, telephone number and e-mail address (if applicable) 9 Date of Closed Meeting under consideration 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 3.8 When complaints are submitted directly to the Clerk, the Clerk shall follow the following procedures: 3.8.1 Take all measures to ensure the envelope remains sealed and its contents remain confidential; 3.8.2 Assign a file number and record said file number on the envelope; 3.8.3 Log the file number together with the date and time received; 3.8.4 Forward, forthwith to the Investigator by regular mail or email. 3.9 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: 3.9.1 Certified copy of Notice of Meeting 3.9.2 Certified copy of Agenda 3.9.3 Certified copy of Minutes of Meeting 3.9.4 Relevant Resolutions 3.9.5 Municipal contact list 3.9.6 Other ATTACHMENT "A" TO SCHEDULE "A" OF BY-LAW NO. 2015-123 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COMPLAINT FORM MUNICIPAL INVESTIGATION IN ACCORDANCE WITH Section 239 of the Municipal Act 2001 (As Amended) PLEASE FORWARD COMPLETED FORMS TO: John Maddox JGM CONSULTING #42 — 99 Edgevalley Road London, Ontario N5Y 5N1 maddoxio(a),sympatico.ca Page 1 of 3 COMPLAINT FORM FOR MUNICIPALITY OF BAYHAM INVESTIGATION Section 239 — Municipal Act 2001 (As Amended) COMPLAINANT'S NAME ADDRESS ' TELEPHONE I HOME E-MAIL WORK CAN YOUR IDENTITY BE REVEALED DURING THE INVESTIGATION? YES[ ] NO [ ] ■ PERSONAL INFORMATION IS COLLECTED UNDER THE AUTHORITY OF SECTION 239 OF THE MUNICIPAL ACT 2001 (AS AMENDED) AND WILL BE USED BY THE MUNICIPAL INVESTIGATOR TO CARRY OUT AN INVESTIGATION UNDER THE ACT. NAME OF MUNICIPALITY DATE OF CLOSED MEETING MUNICIPAL CONTACT NAME TELEPHONE BACKGROUND This should provide as much information as is required to explain the nature and background of the particular occurrence. (i.e.) Timing; Municipal Contact; Municipal Explanation. _ _ Page 2 of 3 Activities that the complainant has undertaken to resolve the matter. Date of signature Signature of Complainant Page 3 of 3