Municipal Integrity Commissioners of Ontario

The complainant alleged that several municipal councillors and the mayor contravened the Council Code of Conduct by unlawfully removing and replacing committee chairs without following the Procedure By-law.

The Integrity Commissioner declined to conduct an inquiry, finding that the complaint essentially challenged the lawfulness of a council decision, which falls outside the Integrity Commissioner's jurisdiction and must be challenged in the Superior Court of Justice.

The Commissioner also held that the Integrity Commissioner has no jurisdiction to enforce the Procedure By-law or to penalize members for how they vote.

The complainant alleged that the Mayor contravened the Council Code of Conduct through social media posts and internal communications regarding the Fire Department's participation in a local Santa Claus parade.

The Integrity Commissioner found that the Mayor's social media posts were an exercise of freedom of expression and did not breach the Code.

However, the Mayor contravened the Code by unilaterally directing the CAO to block the use of fire vehicles in the parade without Council authority, and by interfering with the Fire Chief's lawful exercise of responsibilities.

The Commissioner recommended that Council consider the Mayor's reliance on incorrect past legal advice regarding mayoral authority as a mitigating factor.

The Integrity Commissioner investigated a complaint by Councillor Scott Anderson alleging that Deputy Mayor Bob Meadows contravened the Council Code of Conduct regarding the Fire Department's participation in the 2019 Lisle Santa Claus Parade.

The Commissioner found that the parade was not a partisan activity and that the Deputy Mayor did not make false statements or demeaning communications.

However, the Commissioner concluded that the Deputy Mayor breached the Code by issuing directions to the CAO and Fire Chief, and by interfering with the Fire Chief's lawful duties regarding public education and the use of fire vehicles.

The Commissioner recommended that Council accept the report and consider that the Deputy Mayor felt he was acting in the Township's best interests.

The complainant, a municipal mayor, filed a complaint alleging that the respondent councillor contravened the Council Code of Conduct by organizing a local Santa Claus parade and requesting the participation of the municipal Fire Department.

The Integrity Commissioner found that organizing the parade was a private activity not subject to the Code.

Furthermore, the request for Fire Department participation did not constitute an improper use of influence or municipal resources, as the Fire Department had historically participated in the parade for public education purposes.

The complaint was dismissed.

A member of the public filed a complaint alleging that a city councillor breached the Code of Conduct for Members of Council by interfering with the municipality's enforcement response to a restaurant operating in defiance of COVID-19 public health orders.

The Integrity Commissioner investigated whether the councillor improperly directed municipal staff or engaged in discreditable conduct through his public statements.

The investigation found that the councillor appropriately escalated his concerns through established emergency channels and did not interfere with or direct the work of municipal staff or police on-site.

The complaint was dismissed.

The Mayor of the Township of Adjala-Tosorontio filed a complaint against a Councillor, alleging that the Councillor breached the municipal Code of Conduct and the Municipal Conflict of Interest Act (MCIA) by participating in a council decision to award a $750 grant to a community recreation association of which the Councillor was a member and treasurer.

The Integrity Commissioner determined that MCIA allegations cannot be enforced through a Code of Conduct complaint, as the legislature established separate, exclusive statutory processes with strict time limits for MCIA applications.

On the Code of Conduct allegations, the Commissioner found that the Councillor did not contravene the prohibition against improper use of influence, as participating in a council decision does not constitute using one's status to improperly influence another person.

The complaint was dismissed.

A former municipal employee filed Code of Conduct complaints against the Mayor and Deputy Mayor regarding workplace treatment.

During the inquiry, the complainant signed a release covering all employment-related claims, including harassment, against the municipality and its council members.

The Integrity Commissioner exercised his discretion under the Municipal Act to terminate the inquiry and dismiss the complaints, finding that continuing the investigation was not in the public interest or a prudent use of municipal resources given the signed release.

The Complainant alleged that the Respondent, the Mayor of the Township of Adjala-Tosorontio, contravened the Council Code of Conduct by disclosing confidential information from a closed session meeting to the news media.

The Integrity Commissioner found that the Respondent disclosed the substance of deliberations from a closed meeting regarding a development agreement with an aggregate company.

The Commissioner concluded that the Respondent breached sections 6.4.1 a) and d) of the Code of Conduct by releasing confidential information.

The Commissioner recommended that Council adopt the findings of the report but did not recommend any additional penalty.

The complainant alleged that two municipal councillors contravened the Council Code of Conduct during a town council meeting.

The inquiry concerning the second councillor was discontinued due to a lack of specific allegations.

The first councillor acknowledged contravening the Code by making an inappropriate body-shaming comment that was inadvertently broadcast.

The Integrity Commissioner found that he lacked jurisdiction to recommend the councillor's removal from the position of Deputy Mayor, as the Municipal Act limits penalties to a reprimand or a suspension of pay.

The Commissioner recommended that the town council issue a reprimand.

The Integrity Commissioner investigated a self-reported complaint by a municipal councillor regarding a body-shaming comment he made during a virtual council meeting while his microphone was unmuted.

The councillor acknowledged that his comment contravened section 4.1 of the Council Code of Conduct, which requires members to treat others without abuse, bullying, or intimidation.

The Integrity Commissioner found that the comment was intentional, though inadvertently broadcast, and recommended that Town Council issue a reprimand.

A municipal councillor filed a Code of Conduct complaint against another councillor and the mayor.

The complaint alleged that the respondent councillor made a body-shaming comment during a virtual council meeting while his microphone was unmuted, and that the mayor failed to address a history of bad behaviour.

The Integrity Commissioner found that the allegations against the mayor were out of time and dismissed them.

The respondent councillor acknowledged contravening the Code of Conduct.

The Integrity Commissioner recommended that the municipal council issue a reprimand.

The complainant alleged that the respondent councillor contravened the Council Code of Conduct by making a body-shaming comment ('Let's see what Big Rhonda has to say') during a virtual town council meeting.

The respondent acknowledged that he made the intentional comment, which was inadvertently broadcast because he failed to mute his microphone.

The Integrity Commissioner found that the respondent contravened the Code of Conduct and recommended that Town Council issue a reprimand.

The Integrity Commissioner investigated a complaint that Councillor Josh Matlow breached the Code of Conduct by Tweeting that a committee decision was 'cowardly'.

The Commissioner found that the Tweet was directed at the collective judgement of the committee rather than the character of individual members.

As such, the Tweet constituted political rhetoric critical of a legislative outcome and did not amount to discreditable conduct.

The complaint was dismissed with no penalty recommended.

The Complainant alleged that a County Councillor contravened the municipal Code of Conduct by improperly using County resources to establish a trail network, failing to deposit gifted historic bridge remnants with the County museum, and accepting hospitality from local businesses.

Following an inquiry, the Integrity Commissioner dismissed the complaint in its entirety.

The Commissioner found no evidence that the Councillor received personal gifts or hospitality, nor that he improperly directed County resources or staff.

The Councillor's involvement in local heritage and community initiatives was found to be within the natural course of his duties.

The Applicant alleged that the Respondent, Chair of the Committee of Adjustment, contravened the Municipal Conflict of Interest Act by failing to declare a pecuniary interest regarding a minor variance application.

The property owners' agent was the son of the Respondent's separated spouse.

The Integrity Commissioner found that while the agent had a pecuniary interest, there was insufficient evidence to establish that the Respondent had demonstrated a settled intention to treat the agent as a child of her family.

Therefore, the agent was not a 'child' under the Act, the Respondent did not have a deemed pecuniary interest, and the Commissioner declined to apply to a judge for a determination.

The complainant alleged that the respondent, the Deputy Mayor and Chair of the Committee of Adjustment, contravened the Council Code of Conduct by acting aggressively, bullying, and using offensive language toward her during a committee meeting.

The Integrity Commissioner found that the respondent was exercising his authority as chair to maintain order and decorum when the complainant strayed off-topic and accused the committee of having pre-determined the application.

The Commissioner concluded that the respondent's conduct was assertive but not aggressive, hostile, or unprofessional, and dismissed the complaint.

The Regional Clerk filed a complaint alleging that two municipal councillors breached the Code of Conduct by disclosing confidential information during an open council meeting.

The Integrity Commissioner found that while the information was not from a closed meeting, it was confidential and its disclosure was unauthorized.

However, the Commissioner recommended no sanctions, noting mitigating factors including the challenges of virtual meetings, the complex circumstances, and the fact that the Regional Chair had already ruled the disclosure out of order during the meeting.