Complaints under the Council or the Boards and Advisory Committees Code of Conduct
Council has appointed Guy W. Giorno, Partner with Fasken Martineau DuMoulin LLP, as the Integrity Commissioner for the Town of Whitby. The appointment is effective February 21, 2017 in accordance with By-law # 7234-17.
The Integrity Commissioner is an independent and impartial position that reports directly to Town Council and whose powers and duties are set out in the Municipal Act, 2001.
Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Council Code of Conduct or the Boards and Advisory Committees Code of Conduct may address their concerns in the following manner:
- Advise the Member that their behaviour or activity appears to contravene the Code;
- Encourage the Member to stop the prohibited behaviour or activity;
- If applicable, confirm to the Member your satisfaction or dissatisfaction with the response received to the concern identified; and
- Keep a written record of the incidents including dates, times, location, other persons present and any other relevant information including steps taken to resolve the matter.
- If not satisfied with the response received through the above noted informal process, an individual may proceed with a formal complaint through the Integrity Commissioner.
Any individual who believes that a Member has contravened the Code may make a request (the "Complaint") that the matter be formally reviewed. Every Complaint shall be made in writing on the prescribed Complaint Form, submitted to the Office of the Town Clerk, and shall:
- set out the grounds for the belief and the contravention alleged;
- be signed by an identifiable individual or authorized signing officer of an organization (note: the identity of the complainant will not be maintained in confidence);
- include a supporting affidavit that sets out the evidence in support of the complaint;
- include the original or copy of any supporting documentation or other supporting material available to the complainant; and
- include the name and contact information of the complainant and any witness.
If upon review of the Complaint, the Integrity Commissioner is of the opinion that the complaint is frivolous, vexatious or not made in good faith, or that there are insufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this position in writing to the complainant and the Member identified in the formal complaint.
If at any time, following the receipt of a formal Complaint or during the investigation process, the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation and both the complainant and the Member agree, efforts may be made to achieve an informal resolution. If the Integrity Commissioner determines that a formal investigation is required, an investigation shall proceed, subject to the Integrity Commissioner's ability to elect to exercise the powers of a commissioner under the Public Inquiries Act.
For further information, contact the Office of the Town Clerk:
575 Rossland Road East
Whitby, ON, L1N 2M8