Integrity Commissioner and Closed Meeting Investigator

Meet the Integrity Commissioner / Closed Meeting Investigator

 

David G. Boghosian, is the managing partner of Boghosian + Allen LLP, a 15 lawyer civil litigation boutique located in Toronto. Mr. Boghosian was called to the Ontario Bar in 1988 and is a Certified Specialist in Civil Litigation. He obtained a Doctor of Law (J.D.) degree from the University of Toronto Law School and went on to earn a Masters of Law (Constitutional) from the University of Michigan Law School. Before forming his own firm in 2005, he articled and practiced law with a leading national law firm, then continued his practice with two prominent litigation firms, initially as an associate and later as a partner. David’s clients largely consist of municipalities and other public authorities. He has been involved in numerous precedent setting trials and appeals, including in the Supreme Court of Canada, in relation to municipal law issues. He is the primary author of a national looseleaf textbook on municipal liability and authored a second on the law of first responders, both published by Canada’s leading law book publisher. He is regularly invited to speak at conferences and seminars on a variety of legal topics, particularly related to municipal law, police and public authority liability and risk management. He also acts as integrity commissioner and closed meeting investigator for a number of Ontario municipalities.

Role of the Integrity Commissioner

The Integrity Commissioner is an independent and impartial officer that reports directly to Municipal Council and whose powers and duties are set out in the Municipal Act, 2001.  The IC is responsible advice and investigation services related to the Code of Conduct for Members of Council, Committees and Local Boards (“Code of Conduct”) as well as the Municipal Conflict of Interest Act.

Responsibilities of the Integrity Commissioner:

Investigate complaints and alleged breaches of the Code of Conduct;

  • Investigation applications of alleged contraventions of sections 5. 5.1. and 5.2 of the Municipal Conflict of Interest Act;

  • Review the Code of Conduct and Complaint Protocol and make recommendations;

  • Provide written advice to individual members of Council, Committees and Local Boards in relation to the Code of Conduct and any procedures, rules and policies of the municipality governing ethical behaviour as well as the Municipal Conflict of Interest Act;

  • Provide training and education services for Council, Committees, Local Boards, staff and the public;

  • Provide reports to Council, summarizing activities; and

  • Such other duties or functions as may be assigned by Council

Code of Conduct / Municipal Conflict of Interest Complaint Procedure

Any person who has reasonable grounds to believe that a member of  Council, Committee or Local Board has breached the Code of Conduct may file a complaint or that a member of Council or a Local Board has contravened section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act may file an application and request that the Integrity Commissioner conduct an investigation. 

Complaints and inquiries can be directed to the Municipal Clerk’s Office by email   , who will forward to the Integrity Commissioner.  The Integrity Commissioner will process it in accordance with the IC Inquiry Protocol (Schedule B to By-law 04/19).

Closed Meeting Investigator

The Municipal Act, 2001 permits a municipality to appoint a closed meeting investigator to investigate a complaint as to whether a municipality or local board has complied with section 239 of the statute or its procedure by-law in respect of a meeting or part of a meeting that was closed to the public. 

Any person may request such an investigation under section 239.1 of the Municipal Act, 2001.

The Town of Fort Frances has appointed an independent person to investigate any complaints made to them by the public about closed meetings. The investigator is independent and arms-length from the Town and Town Council and will report on their findings directly to Town Council.

Anyone wishing to question the appropriateness of a meeting that was closed in full or in part to the public must submit their request in writing through e-mail or a letter to the Municipal Clerk outlining your name, contact information, date of the closed session, item number that was discussed in closed session.  All requests will be forwarded to the Closed Meeting Investigator and will be treated as confidential.  The Investigator will decide whether an investigation is warranted and if so, conduct his investigation and submit his findings and recommendation to an open meeting of Town Council.

Conflict of Interest Registry