Comparing Municipalities: Integrity Commissioner Complaints

The Public Record reported, Ontario’s Ombudsman Paul Dubé has denounced the City of Hamilton’s practice of charging a $100 fee to file a complaint to Hamilton’s Integrity Commissioners when a person believes there has been a violation of Council’s Code of Conduct.

Dubé wrote City Council on January 12, 2022, calling on Council to remove the fee “as it penalizes complainants for exercising their statutory rights, and may prevent legitimate complaints from being brought forward due to concerns about financial cost.”

Amherstburg’s fee to complain about elected officials’ conduct is the highest in Essex County. Codes ofConduct and Complaint Procedures differ; some complainants directly contact the Integrity Commissioner.

Amherstburg: Bruce Elman
Code of Conduct
A request for an investigation of a complaint that a member has contravened the Code of Conduct (the “complaint”) shall be filed with the Municipal Clerk with the accompanying $125.00 deposit. Once filed, the Clerk will send the complaint directly to the Integrity Commissioner by mail, E-mail, fax or courier in the form attached to this Protocol as Schedule “A”. 

County of Essexa Complaint shall be made in writing and shall be sent directly to the Integrity Commissioner by mail, e-mail, fax or courier. County Integrity Commissioner Robert Swayze
Code of Conduct 

Essex: A complaint shall be made in writing and shall be sent directly to the Integrity Commissioner by mail, e-mail, fax or courier. no fee. Integrity Commissioner Robert Swayze
Code of Conduct

Kingsville: directly to the Municipality’s Integrity Commissioner or to the Clerk of the Town in a sealed envelope. Integrity Commissioner Mary Ellen Bench. There is a $100 refundable fee, payable to the Town of Kingsville, to submit a complaint.  The fee will be refunded if the Integrity Commissioner determines that the complaint is not frivolous or vexatious.
Code of Conduct

LaSalle: contact the Municipality’s Integrity Commissioner. Integrity Commissioner Robert Swayze
Code of Conduct

Lakeshore: The Complainant may submit the complaint to the Integrity Commissioner by email, mail (marked confidential and in care of the Clerk) or personal delivery, along with any relevant documents or other evidence in support of the complaint. Integrity Commissioner Principles Integrity
Code of Conduct includes a paragraph on social media.

Leamington: Return the completed form and affidavit to ADR Chambers Inc. by: email, fax or mail. Integrity Commissioner ADR Chambers Inc., Toronto, ON
Code of Conduct includes a section on social media

Tecumseh:
email form to Integrity Commissioner Robert Swayze.
Code of Conduct

Windsor: The complaint should be forwarded to: Principles Integrity, Toronto, ON
Complaint Protocol

Communities Are More Than Festivals

While Amherstburg won a Festival award, Central Huron won the Inclusive Community Based Initiative Award at this year’s Economic Developers Council of Ontario Conference for their Shop-ability Project to create an entire downtown that was accessible.

Read the Blackburn News article: Municipality wins award for accessibility project.

Anne Rota’s Report To Council on Open Air options includes, the concept of “Placemaking” is not a new idea with a link to an article that describes placemaking.

The same site publishes four articles on Inclusive Placemaking:

A Playbook for Inclusive Placemaking: Community Process

Programming for Inclusion: Enhancing Equity through Public Space Activation

Inclusive by Design: Laying a Foundation for Diversity in Public Space

Public Space Management and the Brass Tacks of Inclusive Placemaking

Comparing Amherstburg To Other Municipalities: Police Requests For Information

The OPP answered my questions without requiring a formal request.

When I requested two documents from Windsor Police, its FOI Coordinator advised me of the $5 fee for Municipal Freedom of Information and the Protection of Privacy Act requests; she quoted section 17(1)(c).

She did respond but stated any further requests should be in accordance with the Act; to submit my request and applicable fee by mail or by attending either Police Headquarters or Windsor Police Service – Amherstburg Detachment.  

She then responded to my access request, under the Municipal Freedom of Information and Protection of Privacy Act, for a copy of:

i)                    The Windsor Police Services Board diversity plan
ii)                   The Windsor Police Service accessibility policy

and denied access to the Windsor Police Service Board Diversity plan as the records do not exist.

Further, access is denied to Windsor Police Service Accessibility Policy as the information is contained within their Human Rights Directive, currently available on its website www.windsorpolice.ca

I assured the Coordinator that this was a simple request for records that i assumed would be publicly available in an organization committed to transparency and accountability to the public it serves. 

Comparing Amherstburg To Other Municipalities: ‘Missed opportunities’: Saanich park renovation excludes people with disabilities: advocate

Does this sound familiar?

A park renovation has one Saanich mother frustrated about a lack of accessibility for people with disabilities in design processes for public amenities.

Read the full Vancouver island Free Daily article.

Comparing Amherstburg To Other Municipalities: Satisfied With Police Service

I reached out to Essex County mayors of OPP policed municipalities and inquired if they have conducted any satisfaction surveys about policing in their communities.

Included in this post is the audio of Deputy Mayor Gibb’s February 8 comments; he mentioned that he spoke to other municipal leaders in the county and certain ones have said they’re not satisfied with the service they’re getting from the OPP. He also stated of those surveyed in Amherstburg almost 80% have a good opinion of the Windsor Police Amherstburg detachment.

Mayor Gary McNamara, Tecumseh, replied: We have held 3 overall surveys of all services we are doing another later this month. The average over the 3 surveys average in the high 80 percentile. I have no issue with our policing.

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Comparing Amherstburg To Other Municipalities: Accessibility Committee Applications

How will council appoint applicants on January 23 pursuant to the AODA 2005 if they are unaware of applicants’ eligibility?

Section 29 (3) of the Accessibility for Ontarians with Disabilities Act 2005 states: ‘A majority of the members of the committee shall be persons with disabilities.  2005, c. 11, s. 29 (3).’

Amherstburg advertised, ‘A majority of the members of the committee shall be persons with disabilities or caregivers of persons with disabilities.

Municipal Clerks from Essex County, Kingsville, Leamington, LaSalle and Tecumseh quickly responded to my request for copies of the application form for this article.

Note: emphasis has been added if application forms reference the legislation and eligibility lists have been summarized.

Amherstburg: Applications Form

ELIGIBILITY CRITERIA (Please check all boxes applicable to you)

  • resident or owner/tenant of land in the Town of Amherstburg
  • at least 18 years old
  • not prohibited from voting in a municipal election
  • understand and agree to adhere to the Council and Committee Code of Conduct.
    (Each Committee may have additional criteria for eligibility – Refer to Terms of Reference)
    Do you meet the qualifications for your chosen Committee/Board?

There was no link to the Terms of Reference.

Essex County Application Form

You are eligible to apply if you meet all of the following criteria:

  • person living with a disability
  • resident, owner or tenant of land in Essex County
  • Canadian citizen
  • At least 18 years old
  • Not prohibited by law from voting in a municipal election
  • Not an employee of the Corporation of the County of Essex
    Do you meet all of the eligibility criteria listed above? * Yes No

In accordance with the Accessibility for Ontarians with Disabilities Act, a majority of the members of the Accessibility Advisory Committee must be persons with disabilities.

Please select the sector which you would be representing on the Committee. I am a person with a disability. I am a professional from the disability stakeholder community.

Kingsville Application Form

If you are applying for the Accessibility Advisory Committee, please note that the Accessibility for Ontarians with Disabilities Act, 2005 requires that a majority of the committee members be persons with disabilities.

Do you identify yourself as having a disability? * Yes No Prefer not to identify

LaSalle Application Form

For more information about the Committee, please review the Terms of Reference here.

Have you read the Terms of Reference for this Committee? * Yes No

What are three areas related to increasing accessibility and inclusion that the Town of LaSalle Accessibility Advisory Committee should focus on during the 2022-2026 term? *

What is your understanding of the Accessibility for Ontarians with Disability Act (AODA)? How do you think the Town of LaSalle Accessibility Advisory Committee can support the Town in implementing the standards laid out in the AODA? *

Do you identify as a person with a disability or disabilities? *No Yes Prefer Not to Say

If you have identified yourself as a person with a disability or disabilities, and feel comfortable in sharing, can you please tell us about the barriers you may have experienced or are able to identify in our community?

Leamington Application Form

In accordance with the Committee’s membership requirements, the Municipality is searching for a citizen that is a person with a disability or disabilities. Do you wish to identify yourself as a person with a disability or disabilities?

I have read and understand the Terms of Reference for this Board or Committee. I understand that as a Board or Committee Member I will be required to attend mandatory training as organized and provided by the Municipality of Leamington Clerk. * Yes No

Tecumseh 

Our application follows the legislative requirements for advisory committees which can be found here.

Essex and Lakeshore did not respond at the time of writing, but information is posted to their websites:

Essex

View the proposed Terms of Reference and Learn More about the Accessibility Advisory Committee.

The Committee is made up of 1 member of Council and up to 12 members who are appointed by Council from the community. The Mayor may also attend meetings as an ex officio. The Ontarians with Disabilities Act requires that the majority of the Committee members be persons with disabilities.

Lakeshore 

Applications for vacant positions will be accepted until Friday, February 3, 2023 at 12:00 PM.

Prospective applicants can read each committee/board’s terms of reference and apply online at Lakeshore.ca/CommitteeApp (under the “Vacancies” tab).

Related posts: Amherstburg’s vacancy ad and committee composition.

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Comparing Amherstburg To Other Municipalities: Candidates’ Questions

Are candidate and third party advertiser questions to administration disclosed to the public? I received two different answers when I requested the same information from Amherstburg and Toronto.

Amherstburg:

I requested information, without revealing the source, to post to the burg watch blog.

Answer from CAO Critchley: Please file a Freedom of Information Request for this information. The form can be found at this link.

i’m not requesting any personal information; just the questions asked and answered.

Answer: This request is properly an MFIPPA request.

thank you but i respectfully disagree that a formal FOI request would be required.


Toronto:

I requested information to post to the burg watch blog.

Answer from City Clerk’s Office: Access to records held by the City of Toronto is regulated by the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The public has a right to see most City records, with some exceptions.

The City of Toronto engages in routine disclosure to automatically make information available to the public when it is requested. When information is not available routinely, the public may submit a freedom of information request.

In regards to the “You Asked Us” page, the City has established a protocol for responding to requests for information from candidates and third party advertisers about City services and programs so that all candidates have equal access to information for the municipal election.

Candidate & Third Party Advertiser Questions to the City