Road Trip? The Check Engine Light is On
It needs to be checked before we head out
by Stephen Calverley, October 30, 2022
Integrity Commissioner 101
The conduct of elected officials is governed by the municipalities Code of Conduct. An Ontario law, the Municipal Conflict of Interest Act (MCOIA) gives it enforceable authority. The MCOIA is intended to protect the public from wrongdoing by those people to whom we give official power.
Under the Municipal Act, each city is required to have an Integrity Commissioner (IC). An Integrity Commissioner works under contract for a flat fee to provide basic services (some training and an audit report) and charges an additional per-hour fee for additional services if required.
If citizens believe there has been a Code of Conduct infraction, they can formally register their concern with the IC. The IC will review the complaint, and if the IC finds sufficient evidence, the IC will conduct an investigation.
If the investigation determines an infraction, the IC will make a recommendation to the City Council for the appropriate response (punishment). However, if the IC determines the matter is of a more serious nature, the IC can turn it over to the Ontario Superior Court of Justice to be decided. That is what happened with the outstanding IC investigation: Councillor Patrie, October 27, 2019.
The report is on the city’s website at: https://www.elliotlake.ca/en/resources/IC-Inquiry-Report-Code-of-Conduct-C-Patrie-October-2019.pdf
What can the judge do?
Among other things, the judge can declare the member’s seat vacant. Further, the judge can disqualify them from being a member for up to seven years after the order date. (MCOIA s. 9)
Has this happened before?
In May of this year, an Ontario Superior Court of Justice judge removed an Espanola councillor for a matter that began in 2020 when the councillor put forward a motion to publicly reprimand the CAO. That is not allowable under the MCOIA. An IC investigation subsequently found the councillor in violation. After more back-and-forth, including improper voting, it ended up with the Ontario Superior Court of Justice – and the councillor was removed from her seat. https://northernontario.ctvnews.ca/court-boots-northern-ontario-politician-from-town-council-1.59074...
We need to know the judge’s decision
No amount of covering our eyes is going to make this go away. There is no “just forget it” with this one because there is a decision. It will be delivered and it might have very significant implications.
And everyone will be served best by knowing what it is before we head out on our road trip - regardless of which direction we go or who is at the wheel.