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Staff Report
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Report To: General Government Committee
Date of Meeting: November 28, 2022
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary -Anne Dempster, CAO
File Number:
Report Subject: Municipal Ombudsman Services
Recommendations:
Report Number: LGS-020-22
Resolution#:GG-266-22
By-law Number: 2022-056
1. That Report LGS-020-22, and any related delegations or communication items, be
received;
2. That the By-law attached, as Attachment 1, a by-law to repeal By-law 2016-077,
appointing ADR Chambers as the Municipal Ombudsman for the Municipality of
Clarington, be approved;
3. That the Ombudsman services with ADR Chambers be terminated;
4. That the Municipality of Clarington utilize the services of the Provincial Ombudsman;
5. That Staff be directed to update Clarington's website with the contact information for
the Ontario Ombudsman, if the formal complaint process has been exhausted in
accordance with Policy F13, the Public Complaint Handling Policy; and
6. That all interested parties listed in Report LGS-020-22, and any delegations, be
advised of Council's decision.
Municipality of Clarington
Report LGS-020-22
Report Overview
Page 2
In September 2016 Council approved the appointment of ADR Chambers Inc. as the
Ombudsman for the Municipality of Clarington, which followed the same appointment by the
Region of Durham. With the term ending, Regional Council has appointed the Ontario
Ombudsman as the Regional Ombudsman. This report provides information so that Council
can decide on the next Ombudsman for Clarington.
1. Background
Authority to Appoint Municipal Ombudsman
1.1 Subsection 223.13 of the Municipal Act, 2001, as amended, grants the authority to
municipalities to appoint an Ombudsman who would "report to council and whose
function is to investigate in an independent manner any decision or recommendation
made or act done or omitted in the course of the administration of the municipality, its
local boards, and such municipally —controlled corporations as the municipality may
specify and affecting any person or body of persons in his/her or its personal capacity."
Current Appointment
1.2 In 2016, the Region of Durham invited the eight Durham area municipalities to a
meeting to discuss the content of their draft Request for Proposal (RFP) for
Ombudsman Services and subsequently interviewed, evaluated, scored the RFP
submissions, and recommended the appointment of ADR Chambers Inc. to provide
municipal ombudsman services be accepted.
1.3 The local municipalities were allowed to join in on the retainer agreement. Accordingly,
in September 2016, Council considered Report CLD-029-16 and appointed ADR
Chambers as Clarington's Ombudsman, by By-law 2016-077, which details the services
provided.
Complaint Process and Reporting Relationship
1.4 In January, 2017, Clarington established the Administrative Policy F13 to ensure a
consistent, fair and transparent manner to deal with complaint issues and establish a
formal complaint policy. If, after exhausting all complaint review processes, as
established by this Policy, the complainant believes that the review of their complaint
undertaken was inadequate, the complainant may refer the complaint to the Municipal
Ombudsman for further investigation.
Municipality of Clarington Page 3
Report LGS-020-22
1.5 Complaints received by the Ombudsman may be investigated by the Ombudsman,
provided:
• it is within their mandate,
• all internal complaint processes have been exhausted,
• it is in writing (on the Ombudsman's complaint Submission Form); and
• it is signed by the complainant, along with a signed Consent and Confidentiality
Agreement.
1.6 The Ombudsman will undertake the necessary investigation concerning the complaint
and may contact any person deemed necessary to do so. The Ombudsman will either
notify the Municipality of their decision not to undertake an investigation and the
reasons why, or where an investigation is undertaken, shall issue a report to the
municipality detailing their conclusion and any recommendations. There are limited
situations in which the Ombudsman will not investigate a complaint and they are
detailed in the Terms of Reference.
1.7 The Ombudsman is directly responsible to Council and the administrative contact for the
Ombudsman is the Municipal Clerk.
2. Durham Region's Review
2.1 In Report #2022-A-20, Durham Region Staff proposed the following recommendation
which was approved by Durham Region Council on June 29, 2022:
A) That By-law 32-2016 appointing an Ombudsman for The Regional Municipality
of Durham, be repealed, effective November 14, 2022; and
B) That the Region utilize the services of the Provincial Ombudsman once the
current contract for Ombudsman Services has expired as of November 14, 2022.
2.2 With the Region of Durham terminating their agreement with ADR Chambers, and with
Clarington "piggy -backing" on the Region's agreement, Clarington needs to consider
whether to follow suit with the Region and to leave the Ontario Ombudsman as the
default or establish an agreement with another Ombudsman.
Municipality of Clarington
Report LGS-020-22
3. Financial Implications
Page 4
3.1 If Council chooses to continue with ADR Chambers the following annual fees, plus the
Retainer Fee that the Region was picking up would become the responsibility of
Clarington. Council may choose to direct Staff to engage a different Ombudsman. If
Council approves the Staff recommendation of the Ontario Ombudsman, these
historical fees can be disregarded.
3.2 In 2016, the Region of Durham agreed that the $12,000 retainer fee will be paid by the
Region for the term of this initial contract (i.e. until December 31, 2022). The retainer fee
included the initial intake of a complaint, the processing of it, communicating with a
complainant to verify the complaint, and any letters to the complainant to dismiss the
complaint and close the file. As well, the retainer fee covered any reports and
recommendations made to the Municipality and an annual Ombudsman report to
Council.
3.3 Any work above the work included in the retainer fee is at an hourly investigation rate of
$250.00, (plus applicable taxes), which the individual municipalities are responsible for.
3.4 The volume of calls/complaints cannot be predicted. However, the following is a
summary of complaints received and yearly costs, with total costs in excess of $25,000:
Year
# of
Ombudsman
Contacts'
# of Ombudsman
Complaints'
Yearly $ Amount
Paid to ADR
Chambers
Link to Yearly
Ombudsman
Report
2016
0
2
N/A
Included in 2017
2017
2
1
$ 4,859
Page 37 of March
5, 2018 Agenda
2018
N/A2
32
0
N/A2
2019
3
2
9,068
Item 9.1 of April
14, 2020 Agenda
2020
0
2 Carried Over from
previous years
12,048
Item 9.1 of March
22, 2021 Agenda
Municipality of Clarington
Report LGS-020-22
Page 5
Year
# of
# of Ombudsman
Yearly $ Amount
Link to Yearly
Ombudsman
Complaints'
Paid to ADR
Ombudsman
Contacts'
Chambers
Report
2021
3
0
0
Item 10.1 of May
2, 2022 Agenda
20223
Not
1
$ 0 as of November
Not available yet
published
17, but invoices are
expected.
'NOTE: "Contacts" are instances when complainants contact ADR Chambers Ombuds
Office, either by phone or through correspondence, expressing a possible interest in
filing a Complaint and seeking information regarding the process. "Complaints" are not
opened until a Complaint Submission Form is submitted.
2NOTE: There was no 2018 Annual Report presented to Council, however our records
show that three investigations were opened in 2018.
3NOTE: 2022 is as of November 17, 2022 and may not include all complaints.
4. Proposal
4.1 As of January 1, 2016, if a municipality does not appoint a Municipal Ombudsman, the
Ontario Ombudsman is the Municipal Ombudsman.
4.2 The Ontario Ombudsman's Office oversees and investigates more than 1,000 provincial
government and broader public sector bodies, such as provincial ministries, Crown
corporations, tribunals, agencies, boards and commissions, and municipalities,
universities, and school boards. The Ontario Ombudsman has created dedicated units
of specialized staff to answer questions, address concerns, conduct investigations, and
review complaints.
4.3 The Ontario Ombudsman's Office currently oversees many Ontario municipalities but
still has the capacity and expertise to provide services to the Region and other
municipalities, and there is no cost to utilize their services. It is important to note that
the Ontario Ombudsman cannot overturn decisions of elected officials or direct them on
public policy; or replace or redo the work of local integrity commissioners.
4.4 The Ontario Ombudsman's annual reports are available online.
Municipality of Clarington
Report LGS-020-22
4.5 Staff are recommending that the Municipality utilize the services of the Ontario
Ombudsman.
5. Concurrence
Not applicable.
6. Conclusion
Page 6
It is respectfully recommended that Council appoint the Ontario Ombudsman as the
Ombudsman for the Municipality of Clarington.
Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2012 or
jgallagher@clarington.net.
Attachments:
Attachment 1 - Repealing By-law
Interested Parties:
The following interested parties will be notified of Council's decision:
Ontario Ombudsman
Alexander Harras, Regional Clerk, Regional Municipality of Clarington
ADR Chambers
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The Corporation of the Municipality of Clarington
By-law 2022-XXX
Being a by-law to repeal By-law 2016-077, to authorize the appointment of ADR
Chambers and Arbitrators as the Ombudsman for the Municipality of Clarington
(Municipal Ombudsman).
Whereas Council passed By-law 2016-077 to appoint an Municipal Ombudsman by
agreement;
And whereas there has been a subsequent extension of the agreement;
And whereas Council approves the recommendations of Report LGS-020-22, and
wishes to utilize the services of the Provincial Ombudsman as Clarington's Municipal
Ombudsman;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That By-law 2016-077 is hereby repealed.
2. That this by-law come into effect on January 1, 2023.
Passed in Open Council this XX day of MMMM, 2022.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk