Closed Meeting Investigation Policy/Procedure & Application Form
The City of Kawartha Lakes shall ensure that requests for investigations submitted under Section 239 of the Municipal Act, 2001 as amended (the Act) are dealt with in a fair, open and expeditious manner.
The City of Kawartha Lakes shall provide the information requested by the Municipal Closed Session Investigator (Investigator), either written or through interviews, to assist the Municipal Investigator in his/her investigations.
The City of Kawartha Lakes shall ensure any report received from the Investigator related to an investigation under the Act, is placed on a public agenda and that consolidation of such reports is conducted in an open public session of Council.
This policy applies to all appointed Boards and Committees of Council of the municipality with the exception of the Police Services Board and the Public Library Board.
This policy shall be posted on the municipal web site and available from the Clerk’s Office, 26 Francis Street, Lindsay, ON K9V 5R8 or by contacting the Clerk’s Department at 705-324-9411 Ext. 1295 or 1-888-822-2225 Ext. 1295 or through email to firstname.lastname@example.org.
Through Resolution Number CHR2007-189, CR2007-1171, the City of Kawartha Lakes has appointed the Provincial Ombudsman as a Municipal Closed Session Investigator and has authorized him/her to conduct investigations upon receipt of a complaint in respect of meetings or parts of meetings that are closed to the public. The Investigator will determine compliance with the Act or the Municipal Procedure By-law and will report on the results of such investigations.
Please contact the Office of the Ombudsman of Ontario at http://www.ombudsman.on.ca/.
Members of the public, including corporations, may submit complaints 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. All complaints will be treated as confidential at all times.
Complaints may be submitted on the established Complaint Form or via written request. The Complaint Form may be downloaded from the Municipal website or can be obtained from the Clerk’s Department, together with an envelope addressed to the Investigator which the municipality has appointed under section 239.2 of the Act. Complaints may also be submitted directly to the Ombudsman's office on their prescribed form which can be found on their website at http://www.ombudsman.on.ca/. All complaints must contain the following information:
1. Name of Municipality
2. Complainant’s name, mailing address, telephone number and email address (if applicable)
3. Date of Closed Meeting under consideration
4. Nature and Background of the particular occurrence
5. Any activities undertaken (if any) to resolve the concern
6. Any other relevant information
7. Original signature
Complaints may be submitted to:
1. By mail directly to – City of Kawartha Lakes, Closed Meeting Investigator, P.O. Box 9000, 26 Francis Street, Lindsay, Ontario K9V 5R8 Privileged and Confidential
By mail directly to – Office of the Ombudsman of Ontario, Bell Trinity Square, 483 Bay Street, 10th Floor, South Tower, Toronto, ON M5G 2C9
2. By delivery to the Municipal Clerk in a sealed envelope clearly identified as a Complaint under Section 239.2 of the Municipal Act.
By delivery to the Office of the Ombudsman of Ontario at the address noted above.
When complaints are submitted directly to the Clerk, the Clerk shall undertake the following procedures:
1. Take all measures to ensure the envelope remains sealed and its contents remain confidential;
2. Assign a file number and record the file number on the envelope;
3. Log the file number together with the date and time received;
4. Forward, forthwith to the Municipal Investigator by regular mail.
For all complaints the municipality shall supply forthwith the following or any other information or documentation as requested by the Meeting Investigator related to a complaint:
- Certified copy of Notice of Meeting
- Certified copy of Agenda
- Certified copy of Minutes of Meeting
- Relevant Resolutions
- Municipal contact list
- Other relevant information as required
Inquiries and complaints may be submitted by telephone to the Provincial Ombudsman at 1-800-263-1830 during regular office hours.