Complaints policy to come to Puslinch council in first quarter of 2016

The new year in Puslinch will also bring about a brand new complaints policy for the township.

In late December, Puslinch councillors reviewed recent correspondence regarding the Public Sector and MPP Accountability and Transparency Act update.

A staff report is expected to come to council in the first quarter of 2016 with a proposed municipal complaints policy.

Councillor Matthew Bulmer asked if it would be possible to provide a policy regarding items that might not be considered as official Ombudsman-related questions or complaints.

Bulmer said a sample type of question might be asking whether an individual has a building permit “… so we could deal with it as a question rather than a complaint.”

CAO Karen Landry said what will likely be included in the proposed policy will be outlining or defining what a complaint is – as compared to an enquiry.

Mayor Dennis Lever noted that depending on the answer to the question, it could be followed by a complaint.

In the administration report presented to council by Landry it was stated that Bill 8 was introduced in July 2014 with the purpose of increasing the accountability and transparency of government and its elected representatives.

Staff will continue to monitor developments regarding municipal complaints management system requirements and will evaluate the applicability of the potential utilization of the “Call Manager” module in Keystone, the software the township utilizes to provide a “cost effective integrated solution” for managing various municipal services.

Staff will report back to council early in 2016 with a proposed municipal complaints policy.

A part of this legislation that has a direct impact on the township came into effect on Jan. 1.

The Public Sector and MPP Accountability and Transparency Act, 2014 affected the jurisdiction of the ombudsman, in which the Ombudsman Act has been amended to expand the jurisdiction of the provincial ombudsman to include municipalities, local boards and municipally-controlled corporations, with some exceptions as set out in the regulation.

These amendments set out the specific circumstances where the provincial ombudsman may conduct an investigation where there is a municipal ombudsman.

A provincial ombudsman may consider the merits of conducting an investigation when:

– a complaint was made to the municipal ombudsman and he/she refused to investigate or has conducted and concluded an investigation; or

– the time for bringing a complaint to the municipal ombudsman has expired.

If the ombudsman decides to conduct an investigation into a matter under a municipal ombudsman’s jurisdiction, he/she must inform the head of the institution before commencing the investigation.

The institution is provided with an opportunity to make representations to the provincial ombudsman if the report or the recommendations will adversely affect the municipality.

Appointment of an ombudsman

As of Jan. 1, the Ombudsman can begin accepting, resolving and investigating complaints about municipalities under the act.

Landry noted Wellington County is not proceeding with the appointment of an ombudsman.

In the absence of an ombudsman the provincial ombudsman by default is appointed as the township’s ombudsman.

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