Editor's note: After the publication of this story, communications staff with the City of Greater Sudbury confirmed to Sudbury.com that the city will, in fact, waive fees for filing an affidavit as part of Code of Conduct complaints against an elected official. You can read that story here.
There might soon be a cost to filing complaints against city council members.
As approved by a unanimous city council in October, a bylaw amendment has been tabled for Tuesday’s meeting which would make it more difficult for members of the public to file complaints against the city’s elected officials through the city integrity commissioner.
If passed, the bylaw amendment would require complainants to provide proof of identification and file “a supporting affidavit setting out any evidence in support of the allegation” against a city council member when they submit a complaint.
One of these new requirements might carry a financial cost.
The city currently charges $46 per copy of each document for affidavits, according to the city’s user fee bylaw.
Sudbury.com sent a request to city communications staff on Monday morning seeking a few points of clarification, including whether this fee would apply to complainants, but did not receive a response by the end of the day.
The bylaw amendment tabled for Tuesday’s meeting makes no mention of waiving costs, which appears to indicate the $46 fee would apply.
Fabio Cinel Notary and Legal Services Professional Corp. charges $50 for affidavits in cases where the applicant provides him with a written statement to swear to and for him to verify.
In cases where Cinel drafts the contents of the affidavit itself, the cost starts at $100 and goes up from there depending on how involved it is and the amount of time it takes.
Affidavits include the signatory’s name and require proof of identification at the time of signing, which means the proposed bylaw amendment doubles up on this requirement.
Regardless of whether an affidavit is signed, the integrity commissioner’s job is to determine the validity of complaints they receive which allege city council members have violated the city’s Code of Conduct, and recommend sanctions when they determine it necessary.
The bylaw amendment tabled for Tuesday’s meeting also specifies that complainants should remain anonymous “only in extenuating circumstances,” which city integrity commissioner David Boghosian recently told Sudbury.com is already what he does.
The amendment would also require the integrity commissioner to complete investigations within 90 days, and to explain delays when this timeline is not met. Boghosian has faced criticism for delays in reporting, including a report outlining alleged Code of Conduct violations against Ward 7 Coun. Natalie Labbée and Ward 5 Coun. Mike Parent which was tabled for the Nov. 12 city council meeting. The investigation stemmed from a social media post Parent made on June 3, plus Labbée’s posts around that time in support of it.
The bylaw amendment tabled for Tuesday’s meeting would require the integrity commissioner to provide a full copy of the original complaint in cases where a contravention is found.
The bylaw amendment city council members will vote on during Tuesday’s meeting is a watered-down version of the original motion tabled by Parent, Labbée, Ward 1 Coun. Mark Signoretti and Ward 4 Coun. Pauline Fortin, which would have prohibited anonymous complaints altogether.
Boghosian interpreted the Municipal Act as giving him the power to grant anonymity at his discretion, rendering this part of their original bylaw amendment moot since provincial legislation supersedes anything city council decides.
On Nov. 12, a 7-6 vote of city council fired Boghosian with 180 days’ notice of termination. He was criticized by some members of council for stepping outside his role to add additional opinions in his reports beyond the scope of whether the Code of Conduct was violated.
It’s a legislative requirement of the province for the city to maintain an integrity commissioner, meaning they’ll need to find a replacement willing to step in when Boghosian’s time is up on May 11, 2025. The integrity commissioner charges the city for services rendered, meaning his termination does not come with a severance package.
The public portion of Tuesday’s city council meeting is scheduled to begin at 6 p.m. The meeting can be viewed in-person in council chambers at Tom Davies Square, or livestreamed by clicking here.
Tyler Clarke covers city hall and political affairs for Sudbury.com.
