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HomeMy WebLinkAbout2016-077 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2016-077 being a by-law to authorize the appointment of ADR Chambers Mediators and Arbitrators as the Ombudsman for the Municipality of Clarington (Municipal Ombudsman). WHEREAS pursuant to Section 8 of the Municipal Act 2001 S.O. c. 25 provides in part that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising authority; AND WHEREAS pursuant to Section 223.13(1) authorizes a Municipality to appoint an Ombudsman who reports 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, local boards and such municipally-controlled corporations as the municipality may specify affecting any person or body of persons in his, her or its personal capacity; AND WHEREAS Council for the Municipality of Clarington deems it desirable to appoint an Ombudsman for the Municipality of Clarington; AND WHEREAS ADR Chambers was the successful bidder meeting all terms and conditions to the Region of Durham's RFP 1014-2016 to facilitate the delivery of services for the Regional Ombudsman; AND WHEREAS the Council for the Municipality of Clarington deems it desirable retain the Regional Ombudsman to provide Municipal Ombudsman services as per Section 5 of Regional By-law 32-2016 with the Region of Durham being responsible for payment for the Annual Retainer fee; NOW THEREFORE BE IT RESOLVED that, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk be authorized and instructed to execute on behalf of the Municipality of Clarington an agreement with ADR Chambers to affect their appointment as the Municipal Ombudsman and also to provide the required services for Municipal Ombudsman (the Agreement) on such terms and conditions as were presented in the Request For Proposals and such other terms and conditions as may be required and approved by the Municipal Clerk to give effect to the Agreement. 2. That the Agreement provide for that ADR Chambers be appointed for a term from the date of passing of this by-law to the end of the current term of Council and the entire subsequent term of a subsequent Council; being December 31, 2022. 3. That ADR Chambers as the Municipal Ombudsman provide the following services: (a) Independently receive, review and investigate complaints that are the result of an act, decision or recommendation done or omitted in the course of the administration of the Municipality of Clarington and any municipally controlled corporation that may be under the ombudsman jurisdiction; (b) Maintain confidentiality of complaints and the matters relating to an investigation unless such matters should be disclosed to establish grounds for the ombudsman's conclusions and recommendations; (c) Act at arm's length from the Municipality of Clarington and Council but will provide an annual report on its activities and periodic reports that are the result of an investigation. (d) Notify the Municipal Clerk as the first point of contact should the Municipal Ombudsman wish to conduct a formal investigation before conducting any such investigation. (e) That the Municipal Ombudsman cannot investigate any decision, recommendation, act or omissions: (1) where there is a right of appeal or objection, or right to apply for a hearing or review by tribunal or court until this right has been exercised; and (2) of any legal adviser or person acting as legal counsel to the public sector body. (f) That the Municipal Ombudsman provide annual reports and such other reports as may be required subsequent to the completion of their investigations, providing results and recommendations in accordance to the Agreement. 4. That should the Municipal Ombudsman conduct an investigation, it shall do so in accordance to the terms and conditions of the Agreement executed between it and the Municipality of Clarington and shall adhere to all applicable laws, applicable statutes and established Municipal policies. 5. That the Municipality shall be responsible for payment of the hourly fee and the Region of Durham being responsible for the annual retainer fee, in accordance to the terms of the Agreement. i I 6. That should the Municipality of Clarington desire any further services from the Municipal Ombudsman, outside what it is outlined in this by-law, the Municipal Ombudsman may oblige in providing such other services on Council approval to provide such other service. If authorized to do so, the Municipal Ombudsman will charge their hourly fee in accordance with the Agreement for such other services. BY-LAW passed in open session this 11th day of October, 2016. Com' Adrian Foster, Mayor C. Ann Greentree, Municipal Clerk i