View - The Municipality of Lambton Shores

Report the results of the investigations to Council and the public.
Complaint Adjudication:
Determine whether a member of Council has violated a Municipal protocol, bylaw
or policy governing ethical behaviour;
If a member is found to be in violation of the Code of Conduct, determines
appropriate discipline as authorized in the By-Law;
Report to the public, through Council, on the results of an investigation.
3. Process for dealing with complaints:
A process for dealing with complaints received will be required and the following is
provided for review and discussion. Once a process and protocols are approved, they
should be included as a Schedule to the Code of Conduct By-law.
a. Confidentiality Requirement
When considering a protocol to deal with complaints received, it is very important to
remember that while a person or organization has the right to submit a breach of Code
of Conduct complaint against any or all members of Council, the complaint is not
confirmed upon submission. The claims deal with the integrity and reputation of a
member of Council, and there are duties of confidentiality to protect both the
complainant, and the person to whom the claim is against.
Confidentiality is a requirement under the section of the Municipal Act that pertains to
the Integrity Commissioner:
Duty of confidentiality
223.5 (1) The Commissioner and every person acting under the
instructions of the Commissioner shall preserve secrecy with respect
to all matters that come to his or her knowledge in the course of his or
her duties under this Part. 2006, c. 32, Sched. A, s. 98.
The Integrity Commissioner is bound by the Municipal Act to ensure that a complaint of
misconduct against a Member of Council is kept confidential. However, in order to allow
the person the complaint pertains to defend the claim, the member of Council is advised
of the identity of the complainant and would be provided a copy of the complaint. It is
important to note that the Councillor would also bound by the Municipal Act requirement
for confidentiality.
b. Application Fee
An option for Council to consider is the initiation of a refundable fee for applications,
similar to applications for Freedom of Information inquiries, or appeals to the Ontario
Municipal Board. The fee would discourage frivolous or vexatious applications, and
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