The City of Toronto recognizes that City services and programs, including most services and programs delivered through City agencies, are subject to the oversight of the City’s Accountability Officers. As in other jurisdictions, it is the Accountability Officers’ role to be an objective and independent check on the City’s activities and hold the administration and legislative arm of the City government accountable. This policy builds upon this recognition by establishing procedures for the prevention of political interference in the City’s Administrative Penalty System (APS) for parking violations.
This policy is not intended to prevent or limit the ability of Members of Council to request information about the APS program or its implications for the City.
Ontario Regulation 611/06 requires the establishment of a policy for the prevention of political interference in relation to the APS program in order to minimize and restrict opportunities for political interference, intentionally and unintentionally. This policy serves to address these matters with respect to the City’s APS.
This policy applies to all Members of Council, as well as other City officials and employees in relation to their interaction with APS. This policy also applies to Screening Officers, Hearing Officers, and all City officials and employees involved in the administration of APS.
“APS” – means Administrative Penalty System
“City” – means City of Toronto
“Council” – means Toronto City Council
“Penalty Notice” – has the same meaning as set out in Toronto Municipal Code Chapter 610
“Hearing Officer” – has the same meaning as set out in Toronto Municipal Code Chapter 610
“Hearing Review” – has the same meaning as set out in Toronto Municipal Code Chapter 610
“Reprisal” – means any measure taken or threatened as a direct result of disclosing or being suspected of disclosing an allegation of wrongdoing, initiating or co-operating in an investigation into an alleged wrongdoing and includes but is not limited to:
“Screening Review” – has the same meaning as set out in Toronto Municipal Code Chapter 610
“Screening Officer” – has the same meaning as set out in Toronto Municipal Code Chapter 610
No person shall attempt, directly or indirectly, to influence employees or other individuals in the administration of the APS program or a decision in relation to a Penalty Notice.
All Members of Council shall be provided with a copy of this policy.
This policy shall be included in the orientation for all Members of Council at the start of a new term of Council, as well as all current and new municipal officials and employees who are involved in the administration of the APS program.
This policy shall form part of the orientation for all current and new Screening Officers and Hearing Officers and APS administration staff.
Any allegation that a Member of Council may have interfered with the APS program will be reported to a Supervisor/Manager. Upon receipt of that information, the Supervisor/Manager may request that the Integrity Commissioner investigate the matter as a possible contravention of the Code of Conduct for Members of Council.
If a City employee involved in the administration of the APS program is contacted by a Member of Council, and the employee believes that this constitutes any attempt at political influence, the employee shall report the correspondence to his or her Supervisor/Manager.
If a Hearing Officer is contacted by a Member of Council, and the Hearing Officer believes that the communication constitutes an attempt to influence a decision in relation to a Penalty Notice or the administration of the APS program, the Hearing Officer shall refer the communication to the Chair. Upon receipt of that information, the Chair may request that the Integrity Commissioner investigate the matter as a possible contravention of the Code of Conduct for Members of Council. In matters where the Chair is contacted and the Chair believes the communication constitutes an attempt to influence a decision in relation to a Penalty Notice or the administration of the APS program, the Chair may request that the Integrity Commissioner investigate the matter as a possible contravention of the Code of Conduct for Members of Council.
The Integrity Commissioner will take whatever action the Integrity Commissioner considers appropriate, pursuant to the powers and duties assigned to the Integrity Commissioner under Part V of the City of Toronto Act, 2006, including investigating the matter and reporting to City Council with his or her recommendations.
No person shall take a reprisal against a City employee or other individuals performing duties related to the administration of the APS program because the employee or individual:
(1) Has sought information or advice about making a disclosure about wrongdoing contrary to this policy;
(2) Has made a disclosure about wrongdoing contrary to this policy in good faith;
(3) Has initiated or co-operated in an investigation or other process related to a disclosure of wrongdoing contrary to this policy;
(4) Has appeared as a witness, given evidence or participated in any proceeding relating to the wrongdoing contrary to this policy, or is required to do so;
(5) Has alleged or reported a reprisal; or
(6) Is suspected of any of the above actions.
The identity of employees or other individuals performing duties related to the administration of the APS program involved in an investigation, including the identity of an individual alleging political influence contrary to this policy, will be protected to the fullest extent possible.
If an employee believes they have suffered reprisal, this should be reported in accordance with Toronto Municipal Code Chapter 192.