The Province of Ontario provides that a Code of Conduct must be established for council and that an Integrity Commissioner shall be appointed by the City to perform, in an independent manner, the functions assigned by the City with respect to the application of the Code of Conduct and the Municipal Conflict of Interest Act. The Integrity Commissioner is an independent and impartial position which reports directly to City Council and whose powers and duties are set out in the Municipal Act and the Public Inquiries Act.
Effective February 26, 2019, solicitor Tony Fleming of the firm Cunningham, Swan, Carty, Little and Bonham LLP was appointed as Integrity Commissioner for the City of Brockville for a period of five years. Mr. Fleming can be reached by email at email@example.com.
At the request of Council, the Integrity Commissioner will provide advice, education, and training with respect to the Code of Conduct and the Municipal Conflict of Interest Act and develop policies and procedures for his office as the Integrity Commissioner. He will also be responsible for conducting investigations upon receipt of a Request for Investigation in respect of complaints and alleged breaches of the Code of Conduct, Municipal Conflict of Interest Act or other applicable ethics related policies, rules or procedures.
It is within the authority of the Integrity Commissioner, and an expectation of this role, to recommend sanctions or further action following such investigations. He is further responsible for producing an annual report summarizing complaints, investigations, and recommendations for any improvements to the City’s accountability process.
Informal complaints can be raised by any person who believes the activity of a Member to which the Code of Conduct or Municipal Conflict of Interest Act applies but who do not wish to raise a formal complaint. Individuals are encouraged to pursue the informal complaint procedure as the first means of remedying behaviour or apparent contraventions.
Informal complaints may be submitted by email, telephone, regular mail, or in person to:
1 King Street West
Formal complaints should be submitted in writing. The complainant must set out reasonable and probable grounds for the allegation that a Member or Members have contravened the Code of Conduct and/or the Municipal Conflict of Interest Act, the specific provisions of the Code or the Act to which the contravention is applied and any witnesses in support of the allegation.
Formal complaints will be filed with the City Clerk, who will forward the complaint to the Integrity Commissioner. It is the responsibility of the City Clerk to notify Council of the formal complaint and if it pertains to allegations of contravention of the Code of Conduct or Municipal Conflict of Interest Act, other legislation, or other adopted complaint policies without providing any further detail.
If the Integrity Commissioner is of the opinion that a complaint is vexatious or frivolous in nature, made not in good faith, or there were no or insufficient grounds for an investigation, he shall not investigate the matter or terminate the investigation if it is already underway. At any time during an investigation, if the Integrity Commissioner believes an informal resolution may be achieved between the complainant and the Member in alleged contravention, efforts to do so may occur at his discretion.
For more detailed information with respect to the Complaint Process please refer to Appendix I of the Council Code of Conduct.
Formal complaints must be submitted in person to:
1 King Street West