Integrity Commissioner

Office of the Integrity Commissioner 

On February 19, 2019, By-law No. 27-2019 was passed, appointing  Edward T. McDermott of ADR Chambers Inc. as Integrity Commissioner for the Town of Fort Erie.

Functions of the Integrity Commissioner

Section 223.3 (1) of the Municipal Act, 2001, authorizes the municipality to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner functions with respect to the following:

1. The application of the Code of Conduct for members of Council and the Code of Conduct for members of local boards.

2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of Council and of local boards.

3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act (MCIA) to members of Council and of local boards.

4. Requests from members of Council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.

5. Requests from members of Council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.

6. Requests from members of Council and of local boards for advice respecting their obligations under the MCIA.

7. The provision of educational information to members of Council, members of local boards, the municipality and the public about the municipality’s Code of Conduct for members of Council and members of local boards and about the MCIA.

NOTE: The Integrity Commissioner does not provide advice to persons who wish to file or are thinking about filing a formal complaint/ application for an inquiry.

The Integrity Commissioner conducts investigations respecting:

 

(a) a request made by Council, a member of Council or an Application by a member of the public about whether a member of Council or of a local board has contravened the Code of Conduct; and

(b) a request made by a local board or a member of a local board about whether a member of the local board has contravened the Code of Conduct; and

(c) an application by an elector, as defined in the MCIA, or a person demonstrably acting in the public interest, may make an Application for an inquiry to be carried out concerning an alleged contravention of section 5, 5.1 or 5.2 of that Act by a member of Council or a member of a local board.

Restrictions

Between Nomination Day and Voting Day in a regular election:

• No Applications for an inquiry are permitted about whether a member of Council or of a local board has contravened the Code of Conduct.

 

• No Applications for an inquiry under the MCIA are permitted.

An application may only be made within six weeks after the applicant became aware of the alleged contravention, subject to certain exceptions provided in Section 8 of the MCIA.

 

 

Complaint Process for Council Code of Conduct and Municipal Conflict of Interest Act (MCIA).

If you see behaviour or activity that you believe violates the Code of Conduct and or the MCIA you can submit a complaint. There are two processes:

            1. Informal
            2. Formal

Proceeding with the informal process is not required to submit a formal complaint. An individual can use one or the other, or pursue one (such as informal), followed by others (such as formal).

Informal Complaint
Tell the Member that their behaviour appears to violate the Code of Conduct or the MCIA.

Document relevant information such as date, time, location and other people present.

We encourage you to use the informal complaint process as a way to immediately address behaviour and settle the matter.

Formal Complaint
To file a formal complaint, you must complete a Formal Complaint Form/Affidavit.

 

Step 1 - Complete a Formal Complaint Form/Affidavit
Fill out the Request for Investigation Form/Affidavit and include:

• Information to support the claim made against the Member, including dates and locations
• Names and contact information for any witnesses of the event
• Your name and contact information; anonymous complaints will not be accepted

Step 2 -Bring In-person to our Clerk's office
Place the completed form in a sealed envelope and bring it in-person to the Office of the Town Clerk.
1 Municipal Centre Drive, Fort Erie Ontario
Monday-Friday, 8:30 a.m.-4:30 p.m. excluding holidays
Individuals should call the Town Clerk at 905-871-1600 to make an appointment

The Integrity Commissioner will enter into a "Consent and Confidentiality Agreement" with the complainant before beginning their investigation.

The Town Clerk and other necessary individuals will maintain confidentiality.

 

Reports to Council
The Integrity Commissioner generally completes investigations within 90 days or less. After the Integrity Commissioner has completed the investigation, a final investigation report will be provided to Council on an open session council agenda. The final investigation report will identify the complainant and the Member of Council involved. An annual report is also submitted to Council summarizing the number of complaints and findings.