Loading...
Policy - A.M.P.S. Public Complaints - 20250220 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Policy Bylaw Services Contact: Manager, Bylaw Services Approval Authority: C.A.O. Effective: April 10, 2023 Revised: February 20, 2025 ______________________________________________________________________________________ Administrative Monetary Penalties System: Public Complaints Purpose This policy addresses any public complaint regarding the administration of the Administrative Monetary Penalty System (A.M.P.S.). The Municipal Act, 2001, S.O. 2001, c. 25 requires a municipality establishing an Administrative Monetary Penalty System (A.M.P.S.) to develop a policy to address public complaints regarding the administration of A.M.P.S. The purpose of this policy is to provide a process for public complaints regarding the administration of A.M.P.S. and to ensure that A.M.P.S. remains an open, transparent, accessible, responsive, accountable, efficient, and effective system for enforcement in the Town of Aurora (the “Town”), 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 A.M.P.S. program and applies to all administrative actions and functions of all Town of Aurora employees and other individuals responsible for the administration of A.M.P.S., and to all public complaints regarding screening officers or hearing officers. All individuals responsible for administering the A.M.P.S. 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 A.M.P.S. 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 • Replace other specific Town programs, policies / procedures, legislative processes, or legal processes available to the public to address public concerns with A.M.P.S. or with the outcome of a screening review or hearing review. Definitions Administrative Fee Any fee specified in the Administrative Penalty By-law 6450-22. Administrative Penalty An administrative penalty established by the Administrative Penalty By-law 6450-22 for a contravention of a Designated By-law as defined therein. Administrative Penalty By-law 6450-22 The by-law passed by the Town to establish administrative penalties for parking, as amended from time to time, or any successor thereof. A.M.P.S. Administrative Monetary Penalty System. Designated Complaints Investigator The Director of 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 6451-22, to perform the functions of a hearing officer in accordance with the Administrative Penalty By-law 6450-22. Hearing Review The process related to review of a screening decision, as set out in Section 6.0 of the Administrative Penalty By-law 6450-22. Integrity Commissioner The Integrity Commissioner as appointed by Aurora Town Council from time to time. Penalty Notice A penalty notice issued pursuant to Section 4.2 of the Administrative Penalty By-law 6450-22. 3 Screening and Hearing Officer By-law 6451-22 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 succe ssor thereof. Screening Officer Any person who is appointed by the Town from time to time pursuant to the Screening and Hearing Officer By-law 6451-22, to perform the functions of a screening officer in accordance with the Administrative Penalty By-law 6450-22. Screening Review The process related to review of a penalty notice, as set out in Section 5.0 of the Administrative Penalty By-law 6450-22. 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 A.M.P.S. 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 A.M.P.S. 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 complaints investigator within 30 days of the date of the event for which the complaint is being made. Incomplete complaint forms or forms submitted after the 30- 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 , R.S.O. 1990. c. M. 56 4 • 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 communicate d 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 The designated complaints investigator will report annually to the Chief Administrative Officer (C.A.O.) on the summary of public complaints filed and addressed in respect of A.M.P.S. 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 • 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 A.M.P.S. • Without limiting the above statement, all current and new employees, with the potential for interaction with the A.M.P.S. program, shall receive training in relation to this policy 5 Responsibilities Not applicable. Monitoring and Maintenance CAO / directors / managers / supervisors and employees should work collaboratively to resolve issues related to this policy. Any employee found to be disrespecting the terms of this policy other than under exceptional circumstances, emergencies or operatio nal requirement is subject to an investigation and discipline deemed appropriate by their immediate supervisor, Human Resources, the Town Clerk and / or CAO. This policy will be reviewed two years from its effective or revision date, in accordance with the Town of Aurora’s policy maintenance schedule . 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 • By-law - Administrative Penalty - 6450-22 • By-law - Screening and Hearing Officer - 6451-22 • By-law - Amend 4574-04. T (A.M.P.S.) - 6452-22 • Policy - A.M.P.S.: Appointment of Screening and Hearing Officers • Policy - A.M.P.S.: Conflict of Interest and Code of Conduct • Policy - A.M.P.S.: Financial Management • Policy - A.M.P.S.: Preventing Political Interference • Policy - A.M.P.S.: Undue Hardship • Policy – Council-Staff Relations • Policy – Employee Code of Conduct • Council Code of Conduct