Closed Meeting Investigation Procedure

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Municipal Closed Meeting Investigator Procedure under Section 239 of the Municipal Act, 2001, as amended.

The Town of Whitby is fully committed to providing an open and transparent government process to the public.  All Committee and Council meetings are open to the public and are only closed for limited and specific reasons that are publicly declared in accordance with the Municipal Act and Town's Closed Meeting Policy.  If you feel the Town has not been transparent in its dealings, you have the right to request an investigation.

The Town of Whitby is committed to ensuring that any request for an investigation under Section 239 of the Municipal Act, 2001, as amended, is dealt with in a fair, open, and expeditious manner.

The Town commits to full co-operation including the provision of all information requested by the Municipal Closed Meeting Investigator, either written or through interviews, to assist the Municipal Investigator in the investigations.

In accordance with Section 239.2(11) of the Municipal Act, 2001, the Town of Whitby shall ensure that any reports received by the municipality from the Closed Meeting Investigator are made available to the public.

Background

Through By-law 6040-08, the Town of Whitby has appointed Local Authority Services Limited (LAS) - Amberley Gavel Ltd. as a Municipal Closed Meeting Investigator and authorized them to conduct investigations upon receipt of a complaint in respect of meetings or part of meetings that are closed to the public to determine compliance with the Municipal Act and to report on the results of such investigations.

Request for Investigation Procedure

Prior to submitting a request for investigation, members of the public, including corporations, are encouraged to discuss their concerns or inquiries with the Town Clerk.

Members of the public, including corporations, may submit requests to the Investigator relating to compliance with the Act for meetings or part of meetings that are closed to the public.

The identity of the requestor will be treated as confidential by the Town and the Investigator, unless authorization is given by the requestor to release his or her identity.

The Request Form for Closed Meeting Investigation (PDF, 231 kB) may be downloaded and is also available from the Office of the Town Clerk.

Completed Request Forms may be submitted by mail, email or in-person to:

Town Clerk
Town of Whitby
575 Rossland Road East
Whitby, ON L1N 2M8
clerk@whitby.ca 

All complaints must contain the following information:

  • Requestor's name, mailing address, telephone number, and email address
  • Date of the closed meeting under consideration
  • Nature and background of the particular occurrence
  • Any activities undertaken to resolve the concern
  • Any other relevant information

Once the request is received by the Town Clerk, the Clerk will enact the following procedures:

  • Assign a file number and record that number on the request
  • Forward the request to the Municipal Closed Meeting Investigator