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HomeMy Public PortalAboutBy-Law 2007-53 Adopt a Policy for Procedures for Receipt of Complaints by Closed Meeting InvestigatorCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2007-53 Being a By -Law to adopt a policy for the procedures for the receipt of complaints by the Closed Meeting Investigator. AND WHEREAS Section 239 of the Municipal Act, 2001 sets out the provisions under which a meeting or part of a meeting may be closed to the public; AND WHEREAS Section 239 of the Municipal Act as amended provides for the receipt of complaints from any person regarding contravention of the provisions for closed meetings; AND WHEREAS the Municipal Act, 2001 gives general authority for councils to adopt policies; AND WHEREAS the Council of the Corporation of the Municipality of Tweed deems it expedient to adopt a policy to establish procedures for the receipt of complaints by the Closed Meeting Investigator; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. That the Policy for Closed Meeting Investigator attached hereto as Schedule "A" to this by-law is hereby adopted as the policy for the procedures for receiving complaints by the Closed Meeting Investigator. 2. That this by-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first and second time this 27th day of November, 2007. Read a third and final time, passed, signed and sealed in open Council this 27th day of November, 2007. Lfrte ageAr4- CLERK Schedule "A" CORPORATION OF THE MUNICIPALITY OF TWEED POLICY FOR CLOSED MEETING INVESTIGATOR COMPLAINT PROCEDURES This Policy for Closed Meeting Investigator complaint procedures is issued under the authority of the Council of the Corporation of the Municipality of Tweed in accordance with By -Law No. 2007-53 dated November 27, 2007. 0 MUNICIPALITY OF TWEED POLICY for CLOSED MEETING INVESTIGATOR Policy Statement The Municipality of Tweed is committed to ensuring that any 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 (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 pubic session of Council or a Standing Committee of Council. This policy shall be posted on the municipal website and available from the municipal office at 255 Metcalf Street, Tweed or be contacting the Municipality of Tweed at 613-478-2535 or through email to info@twp.tweed.on.ca This policy applies to all appointed Boards and sub -committees of the Municipality with the exception of the Police Services Board and the Public Library Board where they exist. Background Through By -Law No. 2007-35 the Municipality has appointed John Maddox 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 Municipality's procedure by-law and to report on the results of such investigations. Complaints Procedures Members of the public, including corporations, may submit complaints to the Investigator relating to compliance with the Act or the Municipality's procedure by-law for meetings or part of meetings that are closed to the public. O Page 2 - Closed Meeting Investigator Policy All complaints will be treated as confidential, unless authorization is given by the complainant to release his or her identity. Complaint forms can be downloaded from the municipal website and are available at the municipal office, together with an envelope addressed to the Investigator and identified as a Complaint under Section 239 of the Act and a copy of this Policy. Complaints may be submitted on the Complaint for or otherwise in writing either: • By delivery to the Municipal 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, On N5Y 5N1 Inquiries only may be submitted by email to John Maddox at maddoxjo@sympatico.ca or by telephone at 519-951-0330 during regular office hours. All complaints must contain: Name of Municipality. Complainant's name, mailing address, telephone number and email 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. 0 Page 3 - Closed Meeting Investigator Policy When complaints are submitted directly to the Clerk, the Clerk shall follow the following procedures: 1. Take all measures to ensure the envelope remains sealed and its contents remain confidential. 2. Assign a file number and record file number on the envelope. 3. Log the file number together with the date and time received. 4. Forward forthwith to the Municipal Investigator by regular mail. 0 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. 0