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Policy - AMPS Public Complaints - 20230410 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Administrative Monetary Penalties System - Public Complaints Bylaw Services Contact: Manager of Bylaw Services, Corporate Services Approval Authority: Chief Administrative Officer Effective: April 10, 2023 Revised: April 10, 2023 ______________________________________________________________________________________ Purpose This Policy is to address any public complaint regarding the administration of the Administrative Monetary Penalty System (AMPS). The Municipal Act, 2001 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to develop a policy to address public complaints regarding the administration of AMPS. The purpose of this Policy is to provide a process for public complaints regarding the administration of AMPS and to ensure that AMPS remains an open, transparent, accessible, responsive, accountable, efficient, and effective system for enforcement in the Town of Aurora, and that any public complaints are addressed in a timely and responsible manner. Scope This Policy applies to all public complaints, informal or formal, regarding the administration of the AMPS program and applies to all administrative actions and functions of all Town of Aurora employees and other individuals responsible for the administration of AMPS, and to all public complaints regarding Screening Officers or Hearing Officers. All individuals responsible for administering the AMPS program shall be responsible for adherence to this Policy. Any public complaint filed pursuant to this Policy regarding the administrative actions of a Town employee, Screening Officer or Hearing Officer under AMPS shall be referred to the Designated Complaints Investigator. Screening Officers and Hearing Officers do not have jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability 2 or operability of a statute, regulation or by-law. Any such complaints will not be processed under this Policy. This Policy is not intended to: • Operate as an appeal mechanism to reverse or alter any decision of a Screening Officer or Hearing Officer; or • Replace other specific Town programs, policies/procedures, legislative processes, or legal processes available to the public to address public concerns with AMPS or with the outcome of a Screening Review or Hearing Review. Definitions Administrative Fee Any fee specified in the Administrative Penalty by-law; Administrative Penalty An administrative penalty established by the Administrative Penalty By-law for a contravention of a Designated By-law as defined therein; Administrative Penalty By-law The by-law passed by the Town to establish administrative penalties for parking, as amended from time to time, or any successor thereof; AMPS Administrative Monetary Penalty System; Council The Council of the Town of Aurora; Designated Complaints Investigator The Director Corporate Services or their designate or successor, or the Town Solicitor or their designate; Hearing Officer Any person who is appointed by the Town from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Hearing Officer in accordance with the Administrative Penalty By-law; Hearing Review The process related to review of a screening decision, as set out in Section 6.0 of the Administrative Penalty By-law; Integrity Commissioner The Integrity Commissioner as appointed by Town Council from time to time; 3 Municipal Freedom of Information and Protection of Privacy Act The Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990. c. M. 56, as amended from time to time, or any successor thereof; Penalty Notice A penalty notice issued pursuant to Section 4.2 of the Administrative Penalty By-law; Screening and Hearing Officer By-law The by-law passed by the Town to establish the positions of screening and hearing officers and to provide for the appointment of screening and hearing officers, in relation to administrative penalties for parking, as amended from time to time, or any successor thereof; Screening Officer Any person who is appointed by the Town from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Screening Officer in accordance with the Administrative Penalty By-law; Screening Review The process related to review of a Penalty Notice, as set out in Section 5.0 of the Administrative Penalty By-law. Town The Corporation of the Town of Aurora; Policy General Provisions A public complaint shall be processed using the following framework: • Unless otherwise set out in this Policy, all public complaints regarding the administration of AMPS shall be submitted to the Designated Complaints Investigator, who may investigate and, if applicable, determine appropriate corrective action; • Any complaint regarding a member of Council in respect of the administration of AMPS shall be submitted and processed in accordance with the Council Code of Conduct or Council -Staff Relations Policy and sent to the Town’s Integrity Commissioner • Any complaint regarding a Hearing Officer shall be referred to the Designated Complaints Investigator; • A public complaint submitted pursuant to this Policy must be in writing, using the form(s) as may be prescribed by the Designated Complaints Investigator from time to time, complete with all required information, including the full name and full contact information of the complainant, and be sent to the Designated 4 Complaints Investigator within 30 calendar days of the date of the event for which the complaint is being made. Incomplete complaint forms or forms submitted after the 30-calendar day period may not be processed, at the discretion of the Designated Complaints Investigator; • All complaints shall be treated as confidential by the Town and shared only as required to investigate the complaint, respecting personal information privacy and confidentiality in accordance with the Municipal Freedom of Information and Protection of Privacy Act; • The Designated Complaints Investigator may refuse to address or process any public complaint that is deemed by the Designated Complaints Investigator to be frivolous, vexatious, trivial or made in bad faith, or not within the scope of this Policy. The Designated Complaints Investigator shall notify the complainant in writing and provide the complainant with a reasonable opportunity to make written submissions, prior to determining a complaint to be frivolous, vexatious, trivial or made in bad faith. Any such decision shall be communicated to the complainant in writing with reasons; • Where possible, at the discretion of the Designated Complaints Investigator, attempts will be made to address public complaints through an informal resolution process before proceeding to a formal resolution process; • Any resolution, formal or informal, of a public complaint will be addressed by a written response from the Designated Complaints Investigator to the person filing the complaint; • A public complaint sustained through a review cannot be used as the basis to change or void a decision of a Screening Officer or Hearing Officer, including any Administrative Penalties and Administrative Fees due or paid; and • The Designated Complaints Investigator will report annually to the Chief Administrative Officer on the summary of public complaints filed and addressed in respect of AMPS. Anonymous Complaints Complaints that are anonymous will not be accepted. Withdrawing a Complaint A complainant may withdraw their complaint by so requesting in writing to the Designated Complaints Investigator at any time. Policy Communication • This Policy will be posted on the Town’s website and intranet. • Employees will be advised of the new Policy via distribution to the Executive Leadership Team and Corporate Management Team; • All members of Council shall be provided with a copy of this Policy; 5 • This Policy shall form part of the orientation for all members of Council at the start of a new term of Council; • This Policy shall form part of the orientation for all Screening Officers, Hearing Officers and Town employees involved in the enforcement and administration of AMPS; and • Without limiting (e), all current and new employees, with the potential for interaction with the AMPS program, shall receive training in relation to this Policy. Responsibilities Not applicable. Monitoring and Compliance In accordance with the Town of Aurora policies, collective agreement and applicable legislation and policies any employee found to be demonstrating actions / behaviours that are not consistent with the terms of this policy will result in an investigation. Any employee found to be disrespecting the terms of this policy other than under exceptional circumstances, emergencies or operational requirement is subject to possible discipline up to and including termination. CAO / Director / Managers / supervisors and employees should work collaboratively to resolve issues related to this policy. Employees can escalate issues to Human Resources where difficulties continue. References • Municipal Act, 2001, S.O. 2001, c. 25 • Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 • O. Reg. 333/07: Administrative Penalties • 6450-22 Administrative Penalty Bylaw • 6451-22 Screening and Hearing Officer Bylaw • 6452-22 Amend 4574-04. T (AMPS) • AMPS Policy - Appointment of Screening and Hearing Officers • AMPS Policy - Conflict of Interest and Code of Conduct • AMPS Policy - Financial Management Policy • AMPS Policy - Preventing Political Interference • AMPS Policy - Undue Hardship • Employee Code of Conduct • Council and Staff Relations Policy • Council Code of Conduct Review Timeline This policy will be reviewed two years after the initial approval date.