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.
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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
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