Policy - Frivolous and Vexatious Complaints - 20241030
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Policy
Legislative Services
Contact: Town Clerk
Approval Authority: CAO
Effective: November 2, 2022
Revised: October 30, 2024
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Frivolous and Vexatious Complaints
Purpose
The purpose of this policy is to address frivolous, vexatious or unreasonably persistent
requests or complaints. Requests and complaints of this nature consume a
disproportionate amount of 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 ensure that
municipal resources are used effectively and efficiently, while maintaining a high level
of service excellence and responsiveness.
This policy guides staff to identify 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 of Aurora'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 applies to frivolous, vexatious or unreasonably persistent requests or
complaints. This policy does not apply to generally difficult requests or complaints.
Definitions
Frivolous
A complaint that is reasonably perceived by Town staff to be without reasonable or
probable cause, without merit or substance, or trivial.
Vexatious
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A complaint that is frivolous and which is pursued in a manner that is reasonably
perceived by Town staff to be malicious, intended to embarrass or harass the recipient,
or 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
Deciding whether a request or complaint is frivolous, vexatious or unreasonably
persistent, is a flexible balancing exercise, considering 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.
The decision may be made because 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.
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
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o Repeatedly challenging the findings of a complaint investigation,
complaining about the outcome and / or denying that an adequate
response has been given
o Refusing to accept that an issue falls outside the scope of the Town's
jurisdiction
o Making unreasonable demands on staff (e.g. insisting on responses to
complaints and enquiries within an unreasonable timeframe)
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 (e.g. 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
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
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• 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
• 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
• 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 three 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.
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
• Advise how long the restrictions will last and when the decision will be reviewed
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 Classification Structure and
Retention By-law, as amended.
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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
• The number of requests and complaints made by the subject person and the
status of each
• The nature of the subject person's behaviour
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
municipal 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 continuing restrictions
Executive Leadership Team (ELT)
Before deciding 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
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• The subject person is not attempting to provide any significant new information
when contacting staff
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 operational
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
• By-law – Records Classification Structure and Retention