HomeMy WebLinkAboutBy-law No. 2008-009 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2008-009
A BY-LAW TO ESTABLISH A POLICY RESPECTING
MUNICIPAL CLOSED MEETING INVESTIGATIONS
WHEREAS pursuant to the Municipal Act, 2001, S.U. 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:
1. 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. AND THAT this By-law shall come into force and effect upon the date if its enactment.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF
JANUARY 2008.
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MAYOR( CLERK
Schedule "A" to B/L 2008-009
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
POLICY FOR MUNICIPAL CLOSED MEETING INVESTIGATIONS
Policy Statement
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.
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.
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.
This policy shall be posted on the municipal website and available from the Municipal Office.
This policy applies to all appointed Boards as defined in the Municipal Act.
Background:
Through By-Law No. 2007-093 the municipality has appointed Mr. John Maddox (JGM Consuting)
as a Municipal Closed Meeting Investigator and authorized 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.
Complaints Procedures:
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.
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.
All complaints will be treated as confidential, unless authorization is given by the complainant to
release his or her identity.
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 . Completed Complaint Forms will not be accepted by facsimile, e-
mail or other electronic means.
A completed Complaint Form, attached hereto as Appendix "A", 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, in accordance with the following:
• By delivery to the Clerk in a sealed envelope clearly identified as a Complaint under Section
239 of the Municipal Act, or
• By mail directly to:
John Maddox, Municipal Closed Meeting Investigator
99 Edgevalley Road, Unit#42
London, Ontario
N5Y 5N1
Inquiries only may be submitted by email to John Maddox: maddoxjo@sympatico.ca or by telephone
at 519-951-0330 during regular office hours.
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.
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
• 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
When complaints are submitted directly to the Clerk, the Clerk shall follow the following procedures:
1. Take all measurers to ensure the envelope remains sealed and its contents remain confidential;
2. Assign a file number and record said file number on the envelope;
3. Log the file number together with the date and time received;
4. Forward, forthwith to the Investigator by regular mail.
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:
• Certified copy of Notice of Meeting
• Certified copy of Agenda
• Certified copy of Minutes of Meeting
• Relevant Resolutions
• Municipal contact list
• Other
APPENDIX "A"
TO SCHEDULE "A" OF
BY-LAW NO. 2008-009
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMPLAINT FORM
MUNICIPAL INVESTIGATION
IN ACCORDANCE WITH
Section 239 of the Municipal Act 2001
(As Amended)
A FEE OF$25.001VICST ACCOMPANY THIS FORM PRIOR TO BEING PROCESSED.
PLEASE FORWARD COMPLETED FORMS TO:
John Maddox
JGM CONSULTING
#42—99 Edgevalley Road
London, Ontario N5Y 5N1
Page 1 of 3
COMPLAINT FORM FOR MUNICIPALITY OF BAYHAM 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 [ ]
* 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
i 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.
1
Page 2 of 3
ACTION Activities that the complainant has undertaken to resolve the matter.
SUMMARY/COMMENTS
Date of signature Signature of Complainant
Page 3 of 3