Elected officials in Niagara Falls will now face a higher cost if a code of conduct complaint is filed against them, as city councillors have agreed to double the fee.
The filing fee for a complaint has been raised to $1,000, up from the previous $500 fee that had been in effect since 2021.
Under the new rule, complainants will receive a full refund if a violation is found, but will lose the fee if no violation is detected, according to the council.
Coun. Vince Kerrio, the proponent of the motion passed by councillors on Feb. 10, expressed concerns that the complaints process was being misused, leading the city to bear the cost of investigations.
“The code of conduct has been misused by certain individuals for personal or political reasons,” Kerrio told CBC News on Monday.
He mentioned that the complaints were often baseless or filed for ulterior motives, with only a small number resulting in guilt. Most of the complaints, he added, ended up being unfounded.
Kerrio highlighted that all complaints are assessed by the municipal integrity commissioner, who determines if the code of conduct was violated, with the city incurring expenses regardless of the outcome.
“The city foots the bill from the integrity commissioner, ranging from $2,000 to $20,000, regardless of the verdict,” Kerrio explained.
“This poses an issue as taxpayers end up bearing the cost, which is where the problem lies.”
Kerrio expressed frustration over the situation, particularly given the financial challenges faced by residents in paying taxes.
He argued that allowing this to persist without attempts to recover funds, especially for cases found innocent, was unacceptable.
Multiple code of conduct complaints in current council term
A report presented to the mayor and councillors revealed that the current council term has seen numerous code of conduct complaints.
The report indicated that six investigations had been completed, costing a total of $79,049.17, with one ongoing investigation. None of the probes found any violations among the councillors, as per the report.
To combat frivolous complaints, the city is considering a by-law to recoup expenses from unjustified or repeated complaints.
Although the Ontario Ombudsman’s office discourages fees for filing complaints, the final decision to impose a fee rests with the council, as stated in the staff report.
Ombudsman’s office advocates against fees
A spokesperson for Ontario Ombudsman Paul Dube refrained from commenting on the recent decision by the Niagara Falls council.
Linda Williamson affirmed the Ombudsman’s stance that there should be no fee for filing complaints to an integrity commissioner.
Williamson pointed out previous correspondence with the Niagara Falls council in February 2023, highlighting concerns about the integrity commissioner’s jurisdiction over complaints involving local board members.
The Ombudsman strongly opposes charging complaint fees, stating that it penalizes complainants for exercising their rights and may deter legitimate complaints, Williamson emphasized.
She stressed that such practices contradict the integrity commissioner scheme’s core goal of enhancing democratic legitimacy and public trust at the local level.
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