4268 Schedule A - Municipal Meeting Investigator Agreement-1 -
Municipal Meeting Investigator Agreement
This Agreement dated this11th day of February, 2019
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(hereinafter referred t o as the "Town")
-and -
GREGORY F. STEWART
(hereinafter referred to as the "Independent Investigator")
WHEREAS section 239.2 of the Municipal Act, S.O. 2001 , c.25 (the "Act") authorizes a
Town to appoint an investigator to investigate in an independent manner any
complaint as to whether the Town has complied with the Act or a Municipal
procedural by-law in respect of a meeting (or part of a meeting) that was closed to the
public;
AND WHEREAS the investigation of the relevant Town or local board must be
undertaken by an Investigator appointed by the Town pursuant to Sections 9, 10, 11
and 239.2 of the Act or by an Ombudsman appointed pursuant to the Ombudsman
Act if the Town has not appointed an Investigator under the Act;
AND WHEREAS the Town deems it desirable to appoint Gregory F. Stewart as the
Investigator to investigate all requests received by the Town after January 1, 2019
pursuant to the Act respecting any meeting of the Council of the Town, a local board or
a committee of Council;
AND WHEREAS the Independent Investigator has the skills and ability and is
interested in acting as the Investigator for the Town on the terms and conditions set out
in this Agreement;
NOW THEREFORE, the parties agree as follows:
1.0 Appointment
1.1 Pursuant to the Act, the Town hereby appoints Gregory F. Stewart to
provide the Investigator services, in accordance with the Act, for all
requests for an investigation of the Council and Committees of the Town
and the Local Boards and/or their Committees. For the purposes of this
Agreement, "committee" and "local board" shall have the meaning as defined
Section 238 of the Act.
-2-
1.2 The Town hereby grants to the Independent Investigator those powers and
duties outlined in Section 239.2 of the Act.
1.3 The Town, when subject of an investigation shall provide to the
Independent Investigator the following documents for the Town and for
the Local Boards where applicable:
1.3.1 A certified copy of the municipal procedure by-law;
1.3.2 A certified copy of the municipal notice by-law, and;
1.3.3 A listing of the applicable Boards and Committees subject
to this Agreement.
2.0 Services and Process
2.1 Every request for an investigation by a person shall include all of the
following:
2.1.1 Be directed to the Clerk of the Town;
2.1.2 Be in writing;
2.1.3 Include the reasons for the request;
2.1.4 Be signed; and
2.1.5 Include an address and telephone number of the person
making the request.
2.2 Upon receipt of a request for an investigation regarding a Meeting, it is
agreed that the Clerk of the Town shall forthwith forward the
following documents to the Independent Investigator as appropriate.
2.2.1 The original request for an investigation;
2.2.2 A certified copy of the agenda with all relevant attachments
relating to the Meeting;
2.2.3 A certified copy of the minutes of the Meeting;
2.2.4 A contact list for all members of the Council/Board/Committee for
which the request is made and for all persons present at the
Meeting;
2.2.5 Such other information or documentation that the Clerk of the
Town deems relevant; and
2.2.6 Such other information or documentation that the Independent
Investigator may from time to time deem relevant to the
investigation.
2.3 Duties of the Independent Investigator shall be:
2.3.1 To conduct investigations from time to time as requested by the
Town upon receipt of a complaint in respect of meetings or part of
meetings that are closed to the public to determine compliance with
the Act;
2.3.2 To report in writing on such investigations to the Council of the
Town;
2.3.3 To proceed without undue delay and with due diligence to
investigate a complaint and to consider time to be of the
essence with any and all investigations;
2.3.4 To proceed to investigate a complaint independently of the
Town and impartially;
3.0 Fees
-3 -
2.3.5 To hear or obtain information from such persons as the
Independent Investigator sees fit;
2.3.6 To preserve the confidentiality of all matters of the investigation
that require secrecy save and except disclosure of such matters as
in the Independent Investigator's opinion ought to be disclosed in
order to establish grounds for report conclusions and/or
recommendations;
2.3.7 If at any time during the course of an investigation it appears
to the Investigator that there may be sufficient grounds for a
report or recommendation that may adversely affect the Town, a
local board or any other individual person, the Investigator shall
give him or her an opportunity to make representations
respecting the adverse report or recommendation, either
personally or by counsel;
2.3.8 To include in the written report whether the meeting (or portion
thereof) in question was closed to the public contrary to the Act or
Municipal Procedure by-law and to make appropriate
recommendations to the Town
in this regard and;
2.3.9 To dismiss a complaint deemed to be vexatious and prepare a
report to this effect; and
2.3.10 Upon receipt by the Municipal Council/Committee/Local Board,
the report of the Independent Investigator shall be a public record.
3.1 The Town agrees to pay fees and expenses of the Independent
Investigator at a rate of $250.00 per hour plus applicable taxes during such
time as the Independent Investigator is performing the duties as described in
this Agreement.
3.2 The Independent Investigator agrees such rate shall be charged only for
such time that the Investigator is actively investigating a complaint and
preparing and presenting the report with respect hereto.
3.3 The Independent Investigator shall be entitled to be reimbursed for mileage
and other reasonable receipted expenses related to these duties. The
Independent Investigator shall submit his invoice to the Town.
4.0 Term of the Agreement
4.1 The term of this Agreement is for a fixed five (5) year term
commencing the January 1, 2019, and may be renewed by agreement of
the parties.
4.2 The Independent Investigator shall provide the Town with a minimum of
thirty (30) days' notice prior to the end of the Agreement if the
Investigator does not agree to renew the Agreement if such renewal were
to be available.
-4-
5.0 Termination
5.1 This Agreement may be ten:ninated by either Party on sixty (60) days
written notice to the other Party, provided that any investigations
commenced prior to the termination date shall be completed pursuant to
this Agreement and the appointing by-law and all related fees shall be paid
as set out in the Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement.
THE CORPORA N OF THE TOWN
OF TILLSOn11"1Ll'l"l:G
Pe~
Donna Wilson, Town Clerk
We have authority to bind the
Corporation.
GREGORY F. STEWART