After numerous discussions surrounding the Integrity Commissioner’s Report to Champlain Council on November 28, three by-laws were amended and passed to ensure that council’s rights and responsibilities are upheld during municipal conduct and decisions.
Amendments to previous by-laws now provide key procedural details on how council should approach complaints and what information can be withheld in investigations by the Integrity Commissioner.
Councillor Gerry Miner began questioning the Township of Champlain’s Integrity Commissioner, Jean-Jacques Lacombe, about the rationale behind withholding certain information from councillors during a complaint investigation.
Lacombe responded, “Certain details of the complaint could identify a witness or the complainant, or other details that may be superfluous to the case, or not relevant to the matter. I want to stress that the municipal law grants the commissioner that discretion; there’s absolutely no doubt about it. It is black and white. The commissioner has discretion as to what he can disclose.”
He further cited in his report that “Preventing the Integrity Commissioner from keeping confidential certain details of the complaint in certain specific circumstances would be clearly both against the law of Ontario and the best practices recommended by the Ontario Ombudsman.”
Miner asked for more clarification, inquiring on the exact processes the commissioner would take in determining what information is included in the complaint report and its impact on how a councillor can defend themselves. He repeated that council cannot make a proper decision from these reports if they simply do not have all the information.
“Unfortunately, that is the law, and I can’t say it any clearer than that. I can’t give you another answer. With the amendments, I’m raising the bar that existed before; they protect councillors even more, giving you additional evidence that your existing by-law doesn’t grant you,” Lacombe replied.
Council voted to pass amendments to the Council Code of Conduct and Procedural by-laws, with Miner voting against the resolutions.
