POLICY - Frivolous and Vexatious Complaints - 20221102
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Frivolous and Vexatious Complaints
Legislative Services
Contact: Legislative Services
Approval Authority: CAO
Effective: November 2, 2022
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Purpose
The purpose of this policy is to address frivolous, vexatious or unreasonably persistent
requests or complaints that consume a disproportionate amount of Town time and
resources and impede staff from attending to other essential issues. This policy
establishes the process to be used by all staff when handling such requests or
complaints. Actions taken pursuant to this policy will ensure that municipal resources
are used effectively and efficiently, while maintaining a high level of service excellence
and responsiveness.
This policy will guide staff to identity situations that meet the criteria of frivolous,
vexatious or unreasonably persistent, and the associated actions that may be taken in
such circumstances. The aim of this policy is to contribute to the Town's commitment
to service excellence and good governance by addressing all requests and complaints
equitably and efficiently, while acknowledging that there may be a need to protect staff
from unreasonable behavior.
For immediate threats to persons or property, 911 should be contacted.
Scope
This policy is not intended to deal with generally difficult requests or complaints. This
policy applies to frivolous, vexatious or unreasonably persistent requests or complaints.
Deciding whether a request or complaint is frivolous, vexatious or unreasonably
persistent, is a flexible balancing exercise, taking into account all the circumstances of
the situation. There is no rigid test or criteria in deciding whether a request or complaint
is frivolous, vexatious or unreasonably persistent. The key question is whether there is a
pattern of conduct likely to cause distress, disruption or irritation, without proper or
justified cause.
The decision to classify a subject person's behaviour as unreasonable, or to classify a
request or complaint as frivolous or vexatious, could have serious consequences for the
subject person, including restricting their access to municipal services.
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The decision may be made as a result of a repeated pattern of conduct when, on
multiple occasions, the subject person engages in one or more behaviours or actions
identified as unreasonable, frivolous or vexatious. This does not preclude a single
significant incident from being considered under this policy.
Definitions
Frivolous: means a Complaint that is reasonably perceived by Town staff to be (a)
without reasonable or probable cause, (b) without merit or substance, or (c) trivial;
Vexatious: means a complaint that is frivolous and which is pursued in a manner that is
reasonably perceived by Town staff to be (a) malicious, (b) intended to embarrass or
harass the recipient, or (c) intended to be a nuisance
Policy
The Corporation of the Town of Aurora (the "Town") is committed to providing
exemplary service to all members of the public. The Town aims to address service
requests and complaints equitably, comprehensively, and in a timely manner.
Examples of Frivolous, Vexatious or Unreasonably Persistent Requests or Complaints
Examples of what might be considered frivolous, vexatious or unreasonably persistent
requests or complaints are provided below. The list is not exhaustive, nor does a
singular action set out below necessitate the application of this policy.
• Complaints concerning an issue which staff have already investigated and
determined to be groundless.
• Complaints concerning an issue which is substantially similar to an issue which
staff have already investigated and determined to be groundless (e.g. with
respect to the same neighbour or same property).
• Unreasonable conduct which is abusive of the complaints process, including, but
not limited to:
o harassing, verbally abusing or otherwise seeking to intimidate staff
dealing with a complaint;
o excessive or multiple lines of enquiry regarding the same issue (e.g.
pursuing a complaint with staff in multiple Town departments and/or an
elected official simultaneously) while a complaint is in the process of
being investigated;
o repeatedly challenging the findings of a complaint investigation,
complaining about the outcome and/or denying t hat an adequate
response has been given;
o refusing to accept that an issue falls outside the scope of the Town's
jurisdiction;
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o making unreasonable demands on staff by, for example, insisting on
responses to complaints and enquiries within an unreasonable time-
frame;
o making statements or providing representations that the subject person
knows or ought to know are incorrect, or persuading others to do so;
o demanding special treatment from staff by, for example, not following the
normal chain of command and immediately demanding to speak to a
manager or supervisor;
o using new complaints to resurrect issues which were investigated and
completed in previous complaints;
o changing the basis of the complaint as the investigation progresses
and/or denying statements made at an earlier stage;
o refusing to co-operate with the investigation process while still wanting
the complaint to be resolved;
o failing to clearly identify the precise issues of the complaint, despite
reasonable efforts of staff to obtain clarification of the concerns; or
o providing false or misleading information.
Application of Restrictions
Actions available under this policy may include, but are not limited to:
• limiting the subject person's correspondence with staff to a particular format
(e.g. email only with a particular email address), time (e.g. telephone calls only at
specific times and days of the week) or duration (e.g. conversations may last no
longer than ten minutes);
• limiting the subject person to a particular point of contact at the Town (where
possible, other staff members should be advised not to respond to the subject
person, but to refer them to the point of contact);
• limiting their interactions through social media with the Town;
• requiring any face-to-face interactions between the subject person and staff to
take place in the presence of an appropriate witness;
• requiring that the subject person produce full disclosure of documentation or
information before staff will further investigate a complaint;
• instructing staff not to respond to further correspondence from the subject
person regarding the complaint or a substantially similar issue;
• instructing staff not to investigate any complaints regarding an issue that has
already been investigated, or which is substantially similar to an issue which has
already been investigated;
• instructing staff to severely reduce or completely cease responding to further
complaints and correspondence from the subject person;
• instructing staff to close the matter;
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• limiting or regulating the subject person's use of municipal services e.g.
community centres, access to technology systems, etc.;
• refusing the subject person access to any municipal buildings except by
appointment;
• informing the subject person that further contact on the matter of the
complaint/request will not be acknowledged or replied to;
• pursuing legal action; and/or
• blocking emails being received by Town staff;
• other actions as deemed appropriate.
Review of Restrictions
When any restrictions are put in place, a review date will be set. This will be based on
the circumstances of the case and could be for a period of 3 months or longer
depending on the severity of the situation. The status of the subject person will be
reviewed by the relevant Manager (or designate) on or before the review date. The
subject person (where possible) will be informed of the outcome of the review.
The Director may extend the restrictions beyond the review date where appropriate. The
subject person shall be notified of the extension and be given another date for review.
Responsibilities
Staff must establish, through documented words and/or actions of the subject person
(e.g. emails, letters, posts on social media, photographs, voicemails, and staff notes
reporting a conversation or incident), that the complaint or request is frivolous,
vexatious or unreasonably persistent, before applying the processes and restrictions
outlined in this policy.
Each case will be considered on an individual basis. The decision to classify the subject
person's behavior as unreasonable or to classify the request as frivolous or vexatious
will be made by the Manager or designate of the relevant service area in consultation
with the relevant Director.
Employees
If an employee believes that a request or complaint is unreasonable, frivolous or
vexatious, the employee should consult with their Manager (or designate), provide any
supporting materials and advise the Manager (or designate) of the steps that have been
taken to resolve the issue, including as appropriate:
• the length of time that staff have been in contact with the subject person, the
history of the interactions (where appropriate), and the amount of
correspondence that has been exchanged with the subject person;
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• the number of requests and complaints made by the subject person and the
status of each; and
• the nature of the subject person's behaviour.
Maintaining Records
Staff are responsible for maintaining detailed records of their interactions in order to
justify any action being taken to restrict the subject person's access to Town staff.
Records must be retained in accordance with the Records Retention By-law, as
amended.
Management
The Manager (or designate) is responsible for reviewing the information provided by
staff in a timely manner. The Manager (or designate) may want to contact other
municipal departments to determine if the subject person is contacting multiple
municip al staff/departments.
The Manager (or designate) will;
• meet with their Director and outline the situation, including proposed restrictions,
how to inform the subject person of the restrictions and determine a review date
for removing, modifying or continui ng restrictions.
Executive Leadership Team (ELT)
Before making a determination to classify the subject person's request or complaint as
frivolous, vexatious or unreasonably persistent, the Executive Leadership Team (ELT)
must be satisfied that;
• the request has been properly investigated;
• communication with the subject person has been adequate; and
• the subject person is not attempting to provide any significant new information
when contacting staff.
Monitoring and Compliance
In accordance with the Town of Aurora policies, collective agreement and applicable
legislation and policies any non-compliance with 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.
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References
Not applicable
Review Timeline
This policy will be reviewed 2 years after the initial approval date.
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Procedure for Frivolous and Vexatious Complaints
Updated November 2, 2022
Notification to the Subject Person
When the decision, in consultation with the relevant Director, has been made to classify
the subject person's request or complaint as frivolous, vexatious or unreasonably
persistent, the subject person (where possible and appropriate) will receive written
notification that:
• detail what action staff have taken and why;
• explain what it means for the subject person's contact with the Town; and,
• advise how long the restrictions will last and when the decision will be reviewed.