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HomeMy WebLinkAboutBy-law No. 2007-117 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2007-117 BEING A BY-LAW TO AMEND BY-LAW NO.2007-093,BEING A BY-LAW TOAPPOINT 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 Section 391. (3) AND (4) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to impose a fee or charge including costs incurred by the municipality or local board related to administration whether or not it is mandatory for the municipality to provide or do the service or activity. AND WHEREAS Council deems it desirable to initiate a fee for the municipal closed meeting investigations, to be refunded in the event that the closed meeting investigator concludes that either an item discussed in a closed meeting ought not to have been discussed in such closed meeting or that Council did not act in accordance with its Procedural By-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Section 8 of By-law No. 2007-093 be and the same is hereby repealed and replaced with the following: "8. Every request tor an investigation shall be initiated through the submission of a "Municipal Investigation Complaint Form" ("Complaint Form") in the form attached as Schedule "A" hereto and forming part of this By-Law. The said Complaint Form shall be made available to the public through the Clerk's Office. A completed Complaint Form shall be submitted to either the Clerk's Office or directly to the Closed Meeting Investigator and shall be accompanied by payment of an administrative/processing fee of$25.00, payable in cash or bank draft to the Municipality of Bayham. A completed Complaint Form will not be accepted unless accompanied by payment of the required administrative/ processing fee. In the event that the closed meeting investigator concludes that either an item discussed in a closed meeting ought not to have been discussed in such closed meeting or that Council did not act in accordance with its Procedural By-Law, then the said administrative/processing fee shall be refunded to the submitting Complainant." READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF DECEMBER 2007. dga & AD CLERK SCHEDULE "A" By-Law No. 2007-117 COMPLAINT FORM MUNICIPAL INVESTIGATION IN ACCORDANCE WITH Section 239 of the Municipal Act 2001 (As Amended) A FEE OF$25.00 MUST ACCOMPANY THIS FORM PRIOR TO BEING PROCESSED. PLEASE FORWARD COMPLETED FORMS TO: John Maddox JGM CONSULTING #42—99 Edgevalley Road London, Ontario N5Y 5N1 COMPLAINT FORM FOR MUNICIPAL INVESTIGATION Section 239—Municipal Act 2001 (As Amended) COMPLAINANT S NAME ADDRESS TELEPHONE HOME WORK E-MAIL CAN YOUR IDENTITY BE REVEALED DURING THE INVESTIGATION? YES [ ] NO [ ] s 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. ACTION Activities that the complainant has undertaken to resolve the matter. SUMMARY/COMMENTS Date of signature Signature of Complainant