Municipal Closed Meeting Investigations Policy

Under Section 239 of the Municipal Act, 2001, as amended, any individual may request that an investigation be undertaken to determine whether a municipality or local board has complied with the Municipal Act or its Procedural By-law in respect of a meeting or part of a meeting that was closed to the public.

Policy Statement

The Town of Innisfil (the “municipality”) 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 Municipal Investigator in his/her investigations.

(1)  In accordance with Section 239.2(11) of the Municipal Act, 2001, the municipality commits to including any report received from Investigator related to an investigation under the Act, on a public agenda and to considering such report in an open public session of Council or Committee of the Whole.

Application:
 
This policy applies to all closed meeting investigations undertaken in accordance with Section 231.1 and 239.2 of the Municipal Act, 2001.

This policy applies to anyone requesting the investigation of a municipal Closed Meeting, the Clerks Department and Meeting Investigator as appointed.

Background

Through By-law No. 152-07 the municipality has appointed JGM Consulting as their 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 Municipal Procedure By-law and to report on the results of such investigations.

Procedures - Request for Investigation 

Prior to submitting a request for investigation, members of the public, including corporations, are encouraged to discuss their concerns or inquiries with the Municipal Clerk.

Members of the public, including corporations, may submit requests to the Investigator relating to compliance with the Act or the Municipal Procedure By-law for meetings or part of meetings that are closed to the public.

The identity of the person making the request will be treated as confidential by the municipality and the Investigator, unless authorization is given by the requestor to release his or her identity.

Request forms may be downloaded from the municipality’s website or are available in the Clerk’s Department.

Requests may be submitted on the Request Form or otherwise in writing in a sealed envelope clearly identified as a complaint under Section 239 of the Municipal Act and forwarded by mail to:

John Maddox, JGM Consulting,
Municipal Closed Meeting Investigator
99 Edgevalley Road, Unit #42
London, ON N5Y 5N1

All complaints must contain:

• Name of municipality
• Requestor’s name, mailing address, telephone number and e-mail 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