Ensuring accountability and transparency is a priority in maintaining public trust. It's also one of Council’s roles under section 224 of the Municipal Act, 2001 (the Act). The following policies and procedures are in place to help ensure that the Town of Tillsonburg meets its obligations under the Municipal Act.
The Integrity Commissioner provides an independent and consistent complaint investigation and resolution process respecting the application of the Code of Conduct. It is an impartial position that reports directly to Town Council and whose powers and duties are set out in the Municipal Act, 2001.
Pursuant to Section 223.3 of the Municipal Act, 2001, Council appointed Gregory F. Stewart as the Integrity Commissioner for the Town of Tillsonburg.
- Investigate complaints and alleged breaches of the Code of Conduct for Members of Council.
- Review the Code of Conduct for Members of Council and make recommendations on an annual basis.
- Serve as an advisor to individual Members of Council in relation to the Code of Conduct and any procedures, rules and policies of the municipality governing ethical behaviour, and act as a proactive educator for Council and the Civic Administration.
- Provide reports to Council, summarizing his activities.
- Provide individual investigative reports, as required, which will include background concerning a complaint and recommendations to Municipal Council with respect to a complaint.
View the Code of Conduct which all Members of Council, Local Boards and Advisory Committees must operate.
Any individual, organization, Town or Local Board employee, and Member, who has reasonable grounds to believe that a Member has breached a provision of the Code of Conduct, may file an application to the Integrity Commissioner using the Formal Complaint Form and Affidavit.
An application may only be made within six weeks after the applicant became aware of the alleged contravention. An application may be made more than six weeks after the applicant became aware of the alleged contravention if both of the following are satisfied:
a) The applicant became aware of the alleged contravention within the period of time starting six weeks before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act.
b) The applicant applies to the Commissioner under subsection 2 within six weeks after the day after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996.
Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct are encouraged to address his or her concerns in the following manner:
a) Advise the Member that their behaviour or activity contravenes the Code of Conduct;
b) Encourage the Member to stop the prohibited behaviour or activity;
c) If applicable, confirm to the Member his or her satisfaction or dissatisfaction with the Member’s response to the concern identified;
d) If not satisfied with the response received through the informal process, an individual may proceed with a formal complaint through the Integrity Commissioner as outlined below under Formal Complaints.
Any individual filing a complaint should keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter.
Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct may address his or her concerns through the formal complaint process set out below:
a) all formal complaints must be made using the Formal Complaint Form and Affidavit and shall be dated and signed by the complainant;
b) the complaint must include a concise explanation as to why the issue raised may be a contravention of the Code of Conduct and any and all evidence in support of the allegation must be included with the Complaints Form/Affidavit;
c) any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit;
d) the Complaint Form/Affidavit must include the name of the Member alleged to have breached the Code of Conduct, the section of the Code of Conduct allegedly contravened, the date, time and location of the alleged contravention and any and all other information as required on the Complaint Form/Affidavit;
e) the complaint shall be filed with the Integrity Commissioner who shall confirm that the information is complete;
f) the Integrity Commissioner will determine whether the matter is, on its face, a complaint with respect to compliance with the Code of Conduct and is not covered by any other applicable legislation or policy; and
g) the Integrity Commissioner may, but shall not be obligated, to request additional information from the complainant.
The role of the Meeting Investigator is to investigate in an independent manner any complaint as to whether the Town has complied with the Municipal Act, 2001, or the Town of Tillsonburg Procedural By-Law in respect of a meeting, or part of a meeting, that was closed to the public.
Pursuant to Section 239.2 of the Municipal Act, 2001, Council appointed Gregory F. Stewart as the Meeting Investigator for the Town of Tillsonburg.
About Gregory F. Stewart
Greg Stewart joined Donnelly Murphy in 2000 after almost 20 years of practice in Windsor and Essex County. His practice is primarily in the areas of Municipal, Planning, Employment, Civil Litigation and Corporate Law as well as some work in the area of Estates and Wills.
Greg acts for several municipalities in the area in addition to having been appointed as Closed Meeting Investigator and Integrity Commissioner for the City of London, and a number of municipalities in Middlesex, Oxford and Perth Counties. In addition to representing clients, Greg is also experienced in mediation and arbitration and available to assist parties in that manner.
Greg is a member of the Law Society of Upper Canada, the Ontario Bar Association, the Huron Law Association, and the Bayfield Historical Society. He is currently the Chairman of the local advisory committee for the Clinton Hospital and the Huron-Perth Hospital Alliance.
Greg is a graduate of the University of Windsor in Political Science and a graduate of the University of Windsor Faculty of Law.
All members of Council, local boards and committees have an obligation to act honestly and responsibly when making decisions or giving advice on Council, board or committee matters. This obligation includes the disclosure of pecuniary interest.
A pecuniary interest refers to a situation where a member has a direct or indirect conflict related to a matter under consideration. A full explanation of direct and indirect pecuniary interests can be found in the Municipal Conflict of Interest Act.
The onus is on the member to determine whether they are affected by the pecuniary interest provisions. All members must submit their disclosures of pecuniary interest in writing to the Clerk immediately following the meeting during which they verbally disclose a pecuniary interest using the Disclosure of Pecuniary Interest Form.
A registry of the written disclosures of pecuniary interests is available below.
|Date||Member||Meeting Type||Agenda Item Number||Reason for Disclosure|
|January 25, 2021||Councillor Deb Gilvesy||Regular Council||14.2.1||As a building owner in the BIA zone, an expansion would result in a direct financial gain.|
|Febuary 16, 2021||Councillor Deb Gilvesy||Regular Council||5.3||The applicant is her husband.|
|Febuary 22, 2021||Councillor Deb Gilvesy||Regular Council||19.1||A zoning by-law pertains to property owned by her husband.|
|October 25, 2021||Councillor Chris Rosehart||Regular Council||10.2||Son owns a restaurant that currently operates a patio and has an interest in this item.|
|Date||Member||Meeting Type||Agenda Item Number||Reason for Disclosure|
|February 27, 2020||Councillor Deb Gilvesy||Closed Council||4.1||An immediate family member may receive financial gain from the sale of the property referred to in item 4.1 of the closed session agenda of February 27, 2020.|
|March 9, 2020||Deputy Mayor Dave Beres||Closed Council||1.4.3||A family member is a listing real estate agent for the subject property.|
|March 9, 2020||Deputy Mayor Dave Beres||Regular Council||9||An immediate family member is a listing real estate agent for the property.|
|March 9, 2020||Councillor Deb Gilvesy||Closed Council||1.4.3||An immediate family member may receive financial gain from the sale of property.|
|March 23, 2020||Deputy Mayor Dave Beres||Closed Council||1.4.1||A family member is a Real Estate listing agent.|
|March 23, 2020||Councillor Deb Gilvesy||Closed Council||1.4.1||An immediate family member may receive financial gain from the sale of property.|
|April 14, 2020||Deputy Mayor Dave Beres||Regular Council||20.6||A family member will receive financial gain.|
|April 14, 2020||Councillor Deb Gilvesy||Regular Council||20.6||A family member will receive financial gain.|
|April 14, 2020||Councillor Chris Rosehart||Regular Council||15.7.5||Son submitted a proposal.|
|May 25, 2020||Councillor Deb Gilvesy||Closed Council||1.4.1||An immediate family member may receive financial gain from the sale of property.|
|May 25, 2020||Councillor Deb Gilvesy||Closed Council||1.4.2||An immediate family member may receive financial gain from the sale of property.|
|May 25, 2020||Deputy Mayor Dave Beres||Closed Council||1.4.2||A family member is the Real Estate listing agent.|
|July 27, 2020||Deputy Mayor Dave Beres||Regular Council||5.1||Owns commercial property between the downtown core and the commercial property.|
|July 27, 2020||Councillor Deb Gilvesy||Regular Council||5.1||Owns property in BIA Zone and husband owns property in the area of the subject property.|
|July 27, 2020||Councillor Chris Rosehart||Regular Council||5.1||Son owns property in the downtown area.|
|October 26, 2020||Councillor Chris Rosehart||Regular Council||14.2.1||Son owns a restaurant that currently operates a patio and has interest in this item.|
|November 9, 2020||Councillor Chris Rosehart||Regular Council||14.2.1||Son in the individual being recommended for appointment to the BIA Board of Directors.|
|December 14, 2020||Councillor Deb Gilvesy||Regular Council||10.2||Buildings owned in the downtown core would see a direct financial gain if the proposed expansion comes to fruition.|