01-009 Complaints Policy_20211-009
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ADMINISTRATIVE
Policy 1 -009 : Complaints Policy
Approval Date: September 26, 2016
Approval Authority: Council, By-Law 4041
Effective Date: September 26, 2016
Next Scheduled Review Year: 2025
Department:
Last reviewed: 2021
Revision Date/s:
Schedules: Complaint Procedure, Complaint Form
POLICY STATEMENT
The Town of Tillsonburg is committed to a consistent and uniform process to respond to
complaints received from members of the public regarding programs, facilities, Town
services, staff and/or operational procedures. This policy outlines the process to be
followed for the handling of public complaints.
The Town of Tillsonburg recognizes the importance of public input and welcomes
complaints as a valuable form of feedback. Such information helps to improve the
quality and level of the services provided by the Town, as well as interaction between
Town staff and the public.
PURPOSE
SCOPE
Complaints are expressions of dissatisfaction in regards to a particular action or lack of
action taken by a municipal employee or member of Council, the operation of a
municipal facility or the quality of service provided by the Town of Tillsonburg or by a
person or body acting on behalf of the Town.
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Written complaints filed with the Town of Tillsonburg necessitate a timely and
appropriate response and shall be processed in a courteous, impartial and professional
manner. All complainants will be treated with respect and will not receive adverse
treatment or any form of reprisal.
Anyone who uses or is affected by Town services can make a complaint. This includes:
• Local & Area Residents
• People who work in or visit the Town
• Local businesses
• Community groups & Organizations
• Volunteers for the Town of Tillsonburg
• Individuals/Businesses/Corporations hired by or are working in partnership with
the Town
DEFINITIONS
Complaint: Means a submission by a member of the public regarding their
dissatisfaction about a municipal program, facility, Town service, staff member or
operational procedure.
Vexatious: Means a comment(s) or complaint(s) which are made without sufficient
grounds for the intended purpose to cause an annoyance or frustration.
IMPLEMENTATION PROCEDURE
1. Responsibilities of Municipal Employees
Employees: All employees are to have knowledge and awareness of the Town's
requirement to receive complaints, the process through which a complaint can be
made and the service standards that apply to complaints.
Managers: Managers are responsible for facilitating prompt response to all
complaints to ensure that service standards are achieved.
Directors: Directors are responsible to ensure that the proper complaint forms are
available for the receipt and response of all complaints according to the service
standards set out. Directors hold responsibility for compliance to the Complaints
Policy.
2. What guides the Town in its complaint handling?
• Accessibility: Information on how to submit a complaint is made readily
available in a number of formats and complaints can be submitted in-
person, online, by e-mail, phone, fax and by regular mail.
• Accountability: Complaints are handled in a fair, respectful and
transparent manner, in a timely fashion.
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• Confidentiality: Complaints will be processed in a confidential manner and
information shall be collected, used and disclosed in accordance with the
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
• Customer-focus: The Town of Tillsonburg is committed to continuous
improvement in service quality and delivery.
• Responsiveness: Complaints received in writing are tracked and the
Complainant is kept informed throughout the formal complaint process.
• Simplicity: The Complaints Policy has been designed to be simple to
understand and easy to use and includes information on how to submit a
complaint and what should be included within the complaint.
3. What is not included in the Complaint Process?
The formal complaint process does not include:
• Requests for service;
• Feedback and compliments;
• Inquiries;
• Anonymous complaints.
In these cases, the Complainant will be referred to the appropriate municipal
department or government authority. These communications and requests shall
be handled through other mechanisms and processes.
4. Types of Complaints
A complaint may be submitted in regards to a municipal employee, a member of
Council, a municipal by-law or policy infraction by an employee of the Town, and
municipal services and facilities.
4.1. Municipal Employees (i.e. A negligent act by an employee causes damage
to Town or private property.) Complaints regarding the conduct of
municipal employees shall be processed in accordance with the provisions
of the Complaints Procedure and/or the Employee Code of Conduct, as
deemed applicable.
4.2. Individuals/Businesses/Corporations (i.e. Discourteous behavior
expressed by an individual hired by the municipality towards a resident.)
Complaints regarding the conduct of individuals, businesses or
corporations hired by the municipality to provide a particular municipal
program or service, shall be directed to the Town Clerk.
4.3. Council (i.e. Inappropriate use of one's position by a Council member.)
Complaints regarding the conduct of members of Council are processed in
accordance with the provisions of the Council Code of Conduct. Please
refer to the Town website to submit a Code of Conduct Complaint on-line
or contact the Town Clerk for more information.
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Complaints regarding the conduct of Closed Meetings are to be submitted
to the Ontario Ombudsman's Office. The forms and process are outlined
on the Ombudsman's website at: https://ombudsman.on.ca/Make-
aComplaint.aspx.
Additional information regarding this type of complaint can be obtained
from the Town Clerk.
4.4. By-Law or Policy Violations (i.e. A Health & Safety Infraction by an
employee.)
Complaints regarding By-law and/or policy violations by municipal staff or
individuals hired by the municipality shall be processed in accordance with
the provisions of the Complaints Procedure and any disciplinary action
taken shall be undertaken as per the Town's Personnel Policy.
4.5. Municipal Services or Facilities (i.e. Failure to maintain a public space
within a municipal building in a safe and/or accessible manner.)
Complaints received regarding the provision and/or quality of municipal
services, programs and facilities shall be entered into the Town's Active
Citizen Response (ACR) program and will be forwarded to the appropriate
department for resolution and/or action.
5. Submitting a Verbal Complaint
A verbal complaint may be submitted in-person at the Town of Tillsonburg
Customer Service Centre, 10 Lisgar Avenue or by phone at (519) 688-3009.
Customer Service Representatives will ask callers a series of questions in order
to best direct a complaint and/or resolve a complaint in an informal manner at
first contact.
6. Submitting a Written Complaint
Written complaints shall be submitted to the attention of the Town Clerk who
shall direct each complaint to the appropriate Director and/or Manager for review
and appropriate action.
Written complaints can be submitted in the following manner:
• In-person at the Town of Tillsonburg Customer Service Centre- 10 Lisgar
Avenue;
• On-line at www.tillsonburg.ca;
• By E-mail to clerks@tillsonburg.ca;
• By Fax to (519) 842-9431;
• By Mail to the Town Clerk, 200 Broadway, 2nd Floor, Tillsonburg, ON N4G
5A7.
7. What should be included within a complaint?
Written and verbal complaints submitted should include the following information:
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• Details of what happened.
• Where did this happen? Is it within the Town's areas of responsibility?
• When?
• Who was involved?
• What was said or done?
• Is this an ongoing issue?
• What kind of resolution is being sought?
• Contact details of the Complainant.
Anonymous complaints or complaints lacking sufficient information may not be
investigated.
Frivolous and vexatious complaints, as determined by the Town Clerk or CAO in
consultation with the appropriate Department may not be investigated.
8. Logging of Complaints
All written and verbal complaints received by the Town of Tillsonburg shall be
logged into the Town's ACR program for tracking purposes and to direct the
complaint to the appropriate Department Head for review and appropriate action.
9. Responding to a Complaint
The following Service Standards will be adhered to by all staff responsible for
receiving and/or responding to complaints submitted to the Town:
9.1. Complainants shall receive an acknowledgement of receipt of their
complaint within five (5) business days of the department receiving the
completed complaint form. Service complaints requiring immediate
attention shall be responded to in accordance with the issue as set out in
ACR. This acknowledgement must identify who will be following up on the
complaint as well as their contact information. If a complaint was received
by a department in error and it should be handled by another department,
the complaint will be forwarded to the appropriate department and the
complainant will be advised that their complaint has been forwarded, and
be provided with the contact name of the responsive department;
9.2. A Final Response must be sent to the complainant within thirty (30)
business days, barring exceptional circumstances;
9.3. Complaints may be prioritized, depending on the circumstances. Staff
shall notify the Complainant of the proposed response timelines;
9.4. The following information shall be provided in the Final Response to the
Complainant:
• A brief summary of the nature of the complaint and pertinent facts;
• Details about how the investigation was conducted;
• An outline of the findings of the investigation;
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• The decision of staff and suggested appropriate resolution along
with the rationale supporting the proposed resolution.
Resolutions may include an explanation, apology, reconsideration,
reimbursement, restitution and/or change in policy, which are all possible
remedies. The Apology Act provides that apologies are not admissible as
evidence of fault or liability.
10. Communication of the Final Response
10.1. Staff shall keep a written/electronic copy of the Final Response to the
Complainant on file as per the Town's Records & Information
Management Policy and provide a copy of the Final Response to the
Complainant in accordance with subsection 9.2. of this policy;
10.2. Staff shall identify and implement any action(s) or form of resolution as
provided for within the Final Response.
If the Complainant is satisfied with the proposed resolution, the complaint file
shall be closed.
11. Appealing a Decision
Should a Complainant be dissatisfied with the recommended form of resolution
included within the Final Response provided to them, they may submit an appeal
to the Town Clerk who will review the matter in consultation with the CAO to
determine if additional or an alternative resolution can be achieved.
In the event that a Complainant remains unsatisfied with an alternative
resolution(s) proposed by staff in the case of an appeal to the Town of
Tillsonburg, the complaint may be submitted to the Ontario Ombudsman's office
in accordance with the provisions of Bill 8, Public Sector & MPP Accountability
and Transparency Act, 2014.
The forms and process are outlined on the Ombudsman's website:
https://ombudsman.on.ca/Make-a-Complaint.aspx
12. Monitoring & Tracking Complaints
Complaints submitted to the Town of Tillsonburg shall be tracked from their initial
receipt to their resolution.
12.1. All written complaint records will be kept securely and in accordance with
the corporate Records & Information Management Policy requirements
and legislative responsibilities.
12.2. Each staff person responsible for receiving complaints shall log each
complaint in the Active Citizen Response (ACR) program to ensure
adequate tracking of complaints and resolutions undertaken. The
complaints records will be needed for ongoing review and analysis so as
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to capture recurring and/or systemic issues and improve upon customer
service and satisfaction.
12.3. When entering a complaint into the (ACR) program, staff shall ensure that
the appropriate documentation has been attached, including any photos,
drawings, letters, emails, or faxes submitted by the complainant, details of
direction given to staff and how the complaint was resolved and when,
along with a copy of the Final Response provided by staff to the
complainant.
12.4. If action is taken on a complaint, staff shall ensure that a record of this
action is logged in the ACR program and shall provide sufficient details in
the event of escalation to the Senior Leadership Team, the CAO or to the
provincial Ombudsman.
13. Municipal Freedom of Information and Protection of Privacy Act
13.1. All complaints will be processed in accordance with the Municipal
Freedom of Information and Protection of Privacy Act and other applicable
legislation. The identity of the complainant will be made known only to
those who need to know in order to consider the complaint. All participants
in the complaints process shall keep the details of the complaint
confidential except as may be required by law. If the matter should go to
arbitration, it may be necessary to release the inquirer's name and contact
information during the resolution process.
13.2. Complaints received by one department are to be limited to that specific
department unless the complaint involves more than one department.
13.3. Nothing contained in this Policy is intended to neither conflict with nor
deviate from the provisions of the Municipal Freedom of Information and
Protection of Privacy Act (MFIPPA).
14. Delegation
Complaints received by the Town of Tillsonburg shall be delegated to the
appropriate Department Head through the (ACR) program for assignment to staff
for follow-up.
The Town Clerk is delegated the responsibilities related to the receipt and
processing of written complaints received by the Town of Tillsonburg and shall
direct complaints to the appropriate Department Head in accordance with the
nature of the complaint.
15. Policy Administration & Review
This policy shall be administered by the Town Clerk or his/her designate. This
policy will be reviewed every four (4) years to coincide with the term of Council or
as required based on revisions to Corporate practices or Provincial legislation.
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COMPLAINT PROCEDURE
The Town of Tillsonburg is committed to a consistent and uniform process to respond to
complaints received from members of the public regarding programs, facilities, Town
services, staff and/or operational procedures.
The Town of Tillsonburg recognises the importance of public input and welcomes
complaints as a valuable form of feedback. Such information helps to improve the
quality and level of the services provided by the Town, as well as interaction between
Town staff and the public.
DEFINITIONS
Accessibility: The ability for a customer feedback system to be easily understood by
people with a range of abilities.
Complainant: The person/member of the public who makes the complaint.
Complaint: Means a submission by a member of the public regarding their
dissatisfaction about a municipal program, facility, Town service, staff member or
operational procedure.
Complaint records: Records of a complaint will be maintained and filed by relevant staff
in accordance with the Town’s Retention Policy. Information will remain confidential.
Compliment: An expression of approval or gratitude for a Town service, staff member,
program, product or process.
Confidentiality: Refers to information provided by a person on a confidential basis which
is not to be disclosed e.g. the identity of the complainant and/or the details of the
information are not to be disclosed except as agreed to by the complainant.
Complaints: Expressions of dissatisfaction in regards to a particular action or lack of
action taken by a municipal employee or member of Council, the operation of a
municipal facility or the quality of service provided by the Town of Tillsonburg or by a
person or body acting on behalf of the Town.
Customer: Member of the public, an individual or group that uses or is affected by town
services.
Investigation: Process by which a situation is examined in detail, facts are established
and the truth or falsity of any allegations is established. Investigations obtain direct
evidence such as witness statements and documentary evidence.
Responsiveness: The quality of readily reacting to a request (in particular, a customer
complaint).
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Resolution: Where parties agree on a future course of action, the complaint is
withdrawn, or a compromise is agreed on.
Suggestion: An idea submitted to the Town by a customer with the aim of improving
services, programs or processes.
The purpose of the process is not to receive requests for service, general inquiries or
anonymous complaints. These types of issues received, with the exception of
anonymous, shall be directed to the appropriate department head.
For the purpose of this policy, a complaint can be about one or more of the following
categories, but not limited to:
• Policy, process, procedure
• Municipal Employee
• An Elected Official
• Access to service
• Timeliness of service
• Quality of service
• Standard of service
• Outcome
• Facility Maintenance & Accessibility
Employee complaints regarding the service received from an internal service
department shall be dealt with in accordance with the Town Personnel Policy.
PART 1: Complaint Process
Step 1: Informal resolution
Complaints should be resolved informally whenever possible.
All complaints will be processed in accordance with the Municipal Freedom of
Information and Protection of Privacy Act and other applicable legislation. The identity of
the complainant will be made known only to those who need to know in order to
consider the complaint. All participants in the complaints process shall keep the details
of the complaint confidential except as may be required by law.
Step 2: Assess and log the complaint in ACR
If a complaint cannot be resolved informally, the person will be directed to the electronic
community feedback form, if not already provided, on the Town website or provided a
hard copy form (Appendix A) for completion.
Information about all complaints is recorded and tracked from initial receipt through the
entire process until the complaint is resolved in ACR.
The complaint recipient (Supervisor & Manager copied) will conduct an initial
assessment of the complaint and determine if the contact applies to the recipient's
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program area or another area within the Town. The complaint will be transferred to the
appropriate area as necessary. In cases where more than one department is involved in
the complaint, the department which interfaces with the complainant (i.e., the
department that serves the complainant directly) will maintain ownership of the
complaint. If more than one department is involved then all communication shall be
copied to each department.
Once it has been determined that the complaint is with the correct department,
complaint owners are responsible for receiving, recording, and ensuring the resolution
of complaints. Resolution is to be completed as quickly as possible up to a maximum of
30 days.
Following assessment, the complaint owner will provide the customer with:
• ACR Tracking number – no later than 1 day from receipt of complaint
• Complaint owner (staff) contact information
• Steps that will be taken to settle the matter
• Estimated investigation duration – not to exceed 30 days.
Recording complaint details ensures that if the complaint has to be escalated or referred
to other departments, staff will have all relevant information at hand to resolve the
complaint. Additionally, staff can extract informative data for service planning,
monitoring, controlling and decision making. All complaints will be logged in ACR.
Step 3: Investigate the complaint
The complaint owner will consult with all relevant staff and their manager to determine
what has happened and identify appropriate action to resolve the complaint (if possible),
and summarize their findings.
Step 4: Provide response to the complainant
The complaint owner will provide the final response to the complainant within the
timeframe specified in the initial acknowledgement (no later than 30 days). Written
complaints will receive a written notice of decision unless otherwise requested by the
complainant. Verbal complaints will receive written or verbal notice at the supervisor’s
discretion or as requested by the complainant. A copy of all written notifications to the
complainant and documentation of all verbal interactions will be stored and linked to the
complaint log Active Citizen Response (ACR) for ease of access.
If the complainant is not satisfied with the outcome, the complainant may ask to
escalate the complaint. Staff will then escalate to their Director, who will acknowledge
receipt to the complainant within three business days and provide an approximate
timeframe in which the complainant should expect a response. The complaint can be
further escalated to the CAO, with acknowledgement of receipt provided to the
complainant within three business days, as well as an approximate timeframe in which
the complainant should expect a response.
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As the complaint escalates, the complaint owner becomes the person to whom the
complaint was escalated. The complaint owner will be responsible for tracking progress
and keeping complainants informed.
Complainants will be kept informed of any excessive delays.
Step 5: Resolution
If the proposed resolution is accepted by the complainant, the complaint is closed and
the resolved complaint is marked closed in ACR. No case is to be closed until it has
been completely resolved. Any other relevant documentation is filed appropriately.
PART 2: Reporting on Customer Feedback
Each department will be responsible for the safekeeping and management of all
feedback records (e.g., complaints log, investigation reports, written interview notes,
copies of policy documents, etc.).
Directors will provide quarterly reports to the Senior Leadership Team, which will
include:
Compliments:
• Number and type of compliments (total, by division/department)
Suggestions:
• Number and type of suggestions (total, by division/department)
• Number and type of suggestions that were able to be implemented
Complaints:
• Number and type of complaints received (total, by division/department)
• Size of current complaint backlog
• Percentage of complaints handled within agreed response times
• Evidence of systemic (recurring) issues
• Number and type of escalated complaints
• Number and type of complaints escalated to the CAO
Provincial Ombudsman
If the Complainant is not satisfied with the resolution, as a last resort, he or she may
consider filing a formal complaint or filing a complaint with the Ontario Ombudsman’s
office as outlined on the Ombudsman’s website at https://ombudsman.on.ca/Make-a-
Complaint.aspx