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By-law No. 2007-093 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2007-093 BEING A BY-LAW TO APPOINT JGM CONSULTING AS THE INVESTIGATOR PURSUANT TO SECTIONS 8,9, 10 AND 239.1 OF THE MUNICIPAL ACT,2001,S.O.2001,C.25,AS AMENDED WHEREAS effective January 1, 2008, pursuant to Section 239.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a person to request an investigation of whether a municipality or local board has complied with section 239 of the Municipal Act, 2001, as amended, or a procedural by-law under subsection 238(2) in respect of a meeting or part of a meeting that was closed to the public; and AND WHEREAS Council deems it desirable to appoint JGM Consulting as the Investigator to investigate all requests on behalf of the Municipality and its Local Boards for a one year term commencing January 1, 2008; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT pursuant to Sections 8, 9, 10 and 239.2 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, (the "Act") Council hereby appoints JGM Consulting as the independent Investigator to investigate in accordance with the legislation all requests for an investigation of the Council and Committees of the Municipality and the Local Boards and their Committees of the Municipality. For the purposes of this By-Law, "committee" and "local board" shall have the meaning as defined in Section 238 of the Act. 2. The appointment shall be for an initial term of one year commencing the first day of January 2008 and ending on December 31, 2008 and maybe renewed for subsequent terms. 3. JGM Consulting or its delegate shall have, in carrying out the functions of Investigator, regard to, among other matters, the importance of the Investigator's credibility, the independence, impartiality and confidentiality with respect to the investigative process. 4. The Investigator or the delegate may hear or obtain information from such persons as the Investigator or the delegate thinks fit, and may make such inquiries as the Investigator or the delegate thinks fit and it is not necessary for the Investigator or the delegate to hold any hearing. 5. Subject to Section 6, no person is entitled as of right to be heard by the Investigator or the delegate. 6. If at any time during the course of an investigation it appears to the Investigator or the delegate that there may be sufficient grounds for a report or recommendation that may adversely affect the municipality, a local board or any other person, the Investigator or the delegate shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel. 7 After conducting an investigation, the Investigator or the delegate shall report to the municipality or in the case of a local board, to the local board and the Municipality. The report shall include an opinion and the reasons for it and may make such recommendations as the Investigator or the delegate deems fit. The report shall be included on the next agenda of the Council, or in the case of a Local Board, the Council and the Local Board agendas, immediately following receipt of the report. 8. Every request for an investigation by a person shall include all of the following: a) be directed to the Clerk, b) be in writing, c) include reasons for the request, d) be signed, and e) include an address and telephone number of the person making the request. 9. An agreement between the Municipality and JGM Consulting for investigative services, as shown on Schedule "A" attached hereto and forming part of this by-law, is hereby approved and the Mayor and Clerk are hereby authorized to execute the agreement on behalf of the Municipality. 10. This By-law shall come into force and take effect immediately upon the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF NOVEMBER 2007. eX4 I/LAO (inS- MAY CLERK