City of Hamilton statement on recent Superior Court decision

HAMILTON, ON – Earlier this week, an Ontario Superior Court Judge ruled that the Integrity Commissioner for the City of Hamilton acted within its rights as part of an investigation into the chair of Hamilton’s LGBTQ Advisory Committee.

The application for judicial review, served to the City of Hamilton in October 2020 by the chair of Hamilton’s LGBTQ Advisory Committee alleging the Integrity Commissioner had acted without jurisdiction and without procedural fairness, was dismissed by the Court.

In February 2020, City Council were made aware that the LGBTQ Advisory Committee Chair, the applicant, publicly disclosed personal information about identifiable individuals against the advice of the City Clerk and in violation of the Municipal Freedom of Information and Protection of Privacy Act.

In accordance with the Municipal Act, inquiries or complaints regarding member compliance with the Code of Conduct or Conflict of Interest are addressed by the Integrity Commissioner, who provides advice to Council, members of local boards and citizen committee members to prevent potential violations of the Code of Conduct, adhere to City procedures, rules and policies, and conform to a high ethical standard.

An investigation conducted over a seven-month period by the Integrity Commissioner found that the chair of the LGBTQ Advisory Committee had breached the Code of Conduct. Based on the conclusions of the Integrity Commissioner’s investigation, City Council decided to formally reprimand the chair of the LGBTQ Advisory Committee for breaching privacy under the Municipal Freedom of Information and Protection of Privacy Act.

The Court ruling this week further confirmed the Integrity Commissioner “had the authority to conduct the investigation, and the processes followed by the commissioner and the council were procedurally fair”. The applicant was ordered to pay $15,000 in costs to the City.

Public trust and transparency are paramount. All City of Hamilton employees, elected officials, committee members and volunteer advisory committee members are required to adhere to a code of conduct and ensure their conduct, behaviours and actions exhibit a high level of trust and confidence in the residents and community we serve.

The City of Hamilton is committed to high quality public service, operational efficiency and accountability that contribute to a healthy, safe and prosperous community.

Additional Resources

• Learn more about the role of the Integrity Commissioner
• Principles Integrity recommendation report: Code of Conduct Complaint Against Chair, LGBTQ Advisory Committee.