Municipal Closed Meeting Investigator

Under Section 239.1 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.

Statement

The Township of Oro-Medonte (the “Municipality”) is committed to ensuring that any request for an investigation under Section 239.1 and 239.2 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 (the “Investigator”), either written or through interviews, to assist the Investigator in his investigations.

In accordance with Section 239.2(11) of the Act, the Municipality shall ensure that any reports received from the Investigator by the Municipality are made available to the public.

The Municipality commits to including any report received from the Investigator related to an investigation under the Act, on a public agenda and to considering such report in an open session of Council.

Background

The Municipality has appointed John Ewart as the Township’s Meeting Investigator, by By-Law No. 2​021-077​ and authorized them 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 Procedural 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 Procedural By-law for meetings or part of meetings that are closed to the public.

All requests will be treated confidential by the Municipality and the Investigator, unless authorization is given by the requestor to release his or her identity.

Request forms may be submitted on the Request Form – Municipal Closed Me​eting Investigation. Or, may be downloaded from the Municipality’s website, or are available from the Clerk’s Department and submitted in a sealed envelope clearly identified as a complaint under Section 239 of the Municipal Act and forwarded by mail to:

Municipal Clerk
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON L0L 2E0

or to:

John Ewart
311 George Street North, Suite 103
Peterborough, ON, K9J 3H3​

All complaints must contain:

• Name of the 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; and
• Original signature.

When requests are submitted directly to the Clerk, the Clerk shall follow the following procedures:

1. Ensure that the requests remain confidential;
2. Assign a file number and record a file number on the envelope;
3. Log the file number together with the date and time received; and
4. Forward forthwith to the Investigator by regular mail.

For all requests the Municipality shall supply forthwith to the Investigator the following, or any other information or documentation as requested by the Investigator, related to a complaint:

• Certified copy of the agenda;
• Certified copy of the minutes of the meeting;
• Relevant resolutions;
• Municipal contact list.