There are four steps within the complaints investigation process:
Step 1 – Initiating a Formal Complaint
A complaint must be submitted within 90 days of the alleged incident and must include the following information:
- the complainant’s full name, residential address, and email address, if any; and
- the nature of the alleged complaint, including:
- the name of the Councillor who allegedly contravened the bylaw;
- the facts surrounding the Councillor’s conduct and any supporting documents and records; and
- the name and contact information of any witnesses to the incident, if any.
Step 2 – Initial Review of Formal Complaints
- The Complaints Adjudicator acknowledges receipt of your complaint.
- The Complaints Adjudicator may ask you or the Council member for more information.
- The initial assessment is performed. You will be notified:
- that the complaint will be formally investigated, and the Council member is served with a notice of investigation, your complaint, and any supporting material; or
- that the complaint is dismissed, with a written decision explaining the reasons for the outcome.
- The decision to dismiss or investigate is final.
Step 3 – Formal Complaint Investigation Process
If the complaint is not dismissed at the initial review of formal complaints stage:
- A formal investigation is started.
- Within 10 business days of receiving the notice of a formal investigation, the Council member must reply to the complaint.
- You will receive a copy of the Council member’s reply.
- Once you receive the reply, you must provide any further information or evidence to the Complaints Adjudicator within 10 business days.
- The Complaints Adjudicator may ask you, the Council member, Rocky View County, or others for additional information at any time during the investigation.
Step 4 – Concluding the Formal Complaint Investigation Process
- Timeline: If possible, the Complaints Adjudicator makes a decision within 90 days of receiving a complaint. Some investigations are more complex and may require more time.
- Decision of no contravention: If it is determined that the Council member did not contravene the Council Code of Conduct Bylaw, the investigation is dismissed. The decision is made in writing to you and the Council member, with the reasons for the outcome.
- Decision of contravention: If it is determined that the Council member contravened the Council Code of Conduct Bylaw, a report is submitted to Council with a recommendation for sanctions if any.
- Report to Council: The report is verbally presented to Council in a closed session at a Council meeting.
- Sanctions: Council decides to adopt the recommended sanction(s) or impose different sanction(s).
- Publication: The report is published on the Rocky View County website and in the minutes of Council meetings.
- Decisions are final: All decisions by the Complaints Adjudicator are final under the Council Code of Conduct Bylaw. No appeals or reconsiderations are allowed.
- Retaliation: Retaliation, or a threat of retaliation, by Council members is prohibited under the Council Code of Conduct.