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The Municipality of West Perth appointed Aird & Berlis LLP as Integrity Commissioner on March 1, 2019. The role of the Integrity Commissioner is to help ensure that Members of Council and Local Boards perform their functions in accordance with the Code of Conduct and other procedures, rules or policies governing their ethical behaviour.
Role of the Integrity Commissioner
The Integrity Commissioner is responsible for the following:
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provide confidential written and oral advice to the Mayor, Councillors and Local Board appointees about their own situations respecting the Code of Conduct for Members of Council and Local Boards and other by-laws, policies and procedures governing ethical behaviour, including general advice about the Municipal Conflict of Interest Act. The Integrity Commissioner also provides opinions and reports to Council and Local Boards (Restricted Definition), on issues of ethics and integrity.
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deal with complaints about breaches of the Code of Conduct pursuant to the Council approved Complaint Protocol. Complaints can be dealt with through a formal or informal process. When carrying out a formal complaint investigation, the Commissioner can summon evidence and examine witnesses under oath. Should the Integrity Commissioner find a contravention, he can recommend various penalties for imposition by Council. The available penalties range from suspension of remuneration to a reprimand or apology.
- provide educational programs to members of Council and Local Boards. This is carried out in group settings, one-on-one meetings, annual reporting and through this web page.
Any individual who has identified or witnessed a behaviour or activity by a Member that appears to be in contravention of the Code of Conduct or Municipal Conflict of Interest Act may submit an informal or formal complaint.
Informal Complaint
1. Any individual may seek to address the prohibited behaviour or activity themselves in the following manner by following the Informal Complaint Procedure:
- document the incident(s) where the Member may have contravened the Code of Conduct including dates, times, locations, other persons present, and any other relevant information;
- advise a third party about the concerns regarding the Member’s actions;
- advise the Member that the behaviour or activity appears to contravene the Code of Conduct;
- identify to the Member the specific provision(s) of the Code of Conduct that may have been contravened;
- encourage the Member to acknowledge and agree to stop the prohibited behaviour or activity and to undertake to refrain from future occurrences of the prohibited behaviour or activity;
- request the Integrity Commissioner to assist in an informal discussion of the alleged complaint with the Member in an attempt to settle or resolve the issue;
- if applicable:
- confirm to the Member that his or her response is satisfactory, or
- advise the Member that his or her response is unsatisfactory;
- consider the need to pursue the matter in accordance with the Formal Complaint Procedure, or in accordance with any other applicable judicial or quasi-judicial process or complaint procedure.
2. Individuals are strongly encouraged to pursue the Informal Complaint Procedure as the first means of remedying behaviour or activity of a Member that they believe violates the Code of Conduct.
3. With the consent of both the complaining individual and the Member, the Integrity Commissioner may participate in any informal process. The parties involved are encouraged to take advantage of the Integrity Commissioner’s potential role as a mediator/conciliator of issues relating to a complaint.
4. The Informal Complaint Procedure is not a precondition or a prerequisite to pursuing the Formal Complaint Procedure.
Formal Complaint
- all formal complaints must be made using the Formal Complaint Form and shall be dated and signed by the complainant;
- the complaint must include a concise explanation as to why the issue raised may be a contravention of the Code of Conduct and any and all evidence in support of the allegation must be included with the Complaints Form/Affidavit;
- any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit;
- the Complaint Form/Affidavit must include the name of the Member alleged to have breached the Code of Conduct, the section of the Code of Conduct allegedly contravened, the date, time and location of the alleged contravention and any and all other information as required on the Complaint Form/Affidavit;
- the complaint shall be filed with the Integrity Commissioner who shall confirm that the information is complete;
- the Integrity Commissioner will determine whether the matter is, on its face, a complaint with respect to compliance with the Code of Conduct and is not covered by any other applicable legislation or policy; and
- the Integrity Commissioner may, but shall not be obligated, to request additional information from the complainant.
Applicable Documents
Code of Conduct for Members of Council and Local Boards
Formal Complaint Form/Affidavit
Integrity Commissioner contact information:
John Mascarin | jmascarin@airdberlis.com | 416-865-7721
Aird Berlis LLP
Brookfield Place, 181 Bay Street, Suite 1800
Toronto, Canada
M5J 2T9