Municipal Monitor - March/April 2008 - (Page 13)

reviewing Best Practices, training council and staff, and deciding on one of the three investigative options: the Ontario Ombudsman; contracting the LAS investigator service; or hiring their own investigator. “Closed meetings at the local municipal level have always sparked public concern, because the issues handled by municipal governments affect people in so many aspects of their daily lives,” says Andre Marin, Ombudsman, Ontario. Marin points out that as of January 1, 2008, the Ombudsman office became the default investigator for all municipalities which had not made a decision. “Those municipalities may still decide to appoint their own investigator at a later date; but according to law, to people who complain about open meetings. “The argument is that this will help recover costs and deter frivolous complaints,” says Marin. “This idea is anathema to the principle of ombudsmanship. People should be free to complain about the government without financial barriers. There are other ways to deal with frivolous complaints. Such a fee smacks of a penalty to dissuade the public from complaining, rather than a fee for service.” Marin says if the Ombudsman or any other investigator determines there was a contravention of the law relating to closed meetings, he may report his findings to the municipality and make recommendations to address his concerns. The recommendations are not “They are expected to bring an impartial, objective and knowledgeable mind to each investigation to ensure that all investigations are accountable.” complaints made prior to the appointment of an investigator are to be handled by my office,” says Marin. “Second, municipalities that have chosen to appoint an investigator are free to change their minds and go with my office in the future, or vice-versa.” For Marin, the important issue is not who the investigator is, but that the investigator be truly independent and impartial. “Unfortunately, the law is weak in this regard,” says Marin. “A municipality can hire anyone as its investigator, even a staff person. The trouble with retired municipal officials or people hired by the investigator service offered through the Association of Municipalities of Ontario (AMO) is that there’s an appearance of municipal officials investigating themselves. The Ombudsman’s Office has a proven track record as an experienced, impartial and independent investigator of all kinds of complex issues, with no ties whatsoever to municipal government.” Marin also notes that a few municipalities are planning to charge a fee March/April 2008 binding on municipal officials, and there is no right of appeal if either the municipality or complainant doesn’t agree with the recommendations. “The benefits and issues of any of the options for meetings investigators will likely depend on the size and practices of each municipality,” says Rick O’Connor, City Solicitor, Legal Services Branch, City of Ottawa. “For example, in preparing a recommendation for the City of municipal MONITOR • 13

Table of Contents Feed for the Digital Edition of Municipal Monitor - March/April 2008

Municipal Monitor - March/April 2008 Contents President's Message: Stress and Change Viewpoint: Much Ado About Nothing? Covering the Cost: Tapping into Safe, Sustainable Water and Sewage Services Closed Session Investigations: What Do They Mean for Your Municipality? Subtle Sabotage: Female Bullying Trends in the Workplace Water Under the Bridge Municipal Memos Index to Advertisers

Municipal Monitor - March/April 2008

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