Ombudsman Oversight and Municipalities Public Sector and MPP Accountability and Transparency Act Ontario West Municipal Conference November 20, 2015 Laura Pettigrew Senior Counsel, Office of the Ontario Ombudsman Ombudsman Ontario 2015
What is the Ombudsman Who is the Ombudsman Mandate & Powers New jurisdiction Complaint handling Ombudsman oversight and municipalities Questions
OMBUDSMÄN? Since 1809
What is the Ombudsman? Ontario s Watchdog Independent officer of the Legislature since 1975 Appointed by an all-party committee Renewable five-year term
The Ombudsman s mandate Ombudsman Act of Ontario Investigates complaints about more than 500 Ontario ministries, government corporations, agencies, boards and commissions, and can investigate without a complaint
Mandate Does not include: MPPs, Cabinet decisions Judges, courts Private businesses, professions, individuals Federal government
The Municipal Act! The Ombudsman Ontario is the open meetings investigator for about 190 205 municipalities.!!
Outside Ombudsman s mandate: MUSH sector Municipalities Universities School boards Hospitals Long-term care homes Police Children s aid societies
Bill 8 Municipalities, Universities, School boards
Bill 8 Public Sector and MPP Accountability and Transparency Act Ombudsman oversight of MUS Patient Ombudsman for hospitals, long-term care, CCACs (OO would oversee) Increased powers for Child Advocate to investigate CASs Other measures re open data, MPP expenses, lobbying, privacy, etc.
The Ombudsman s Office 86 employees, $11-million budget 23,153 complaints in 2014-2015
The Ombudsman s powers Robust investigative powers Non co-operation is an offence Discretion not to investigate Last resort
Greatest power: Moral suasion
RESOLUTION
Administrative conduct
Complaint Handling SPECIAL OMLET EARLY INVESTIGATIONS OMBUDSMAN LEGAL RESOLUTIONS RESPONSE TEAM SERVICES Individual complaints Quickly resolved Individual complaints More difficult issues Systemic Investigations Closed meeting investigations
Early Resolutions All intake: Phone, web, email, mail, walk-ins
Early Resolutions Director, Early Resolutions Information Assistant Assistant Assistant Officer Manager Manager Manager Early Early Early Resolution Resolution Resolution Officers Officers Officers
Early Resolutions Contact the individual Assess personal impact Conduct detailed intake Focused questioning Intake calls recorded Issue-based reviews
Early Resolutions Discretion not to investigate Contact organizations Research, review and analysis Team-based approach
Early Resolutions Case assessments Transfers to Investigations or Special Ombudsman Response Team (SORT)
Early Resolution More than 56% of cases resolved within two weeks
INVESTIGATIONS TEAM
Investigations Director 14 general investigators Structured approach: Case assessments and investigation plans Evidence-based review
Investigations Escalate up the hierarchy Few cases move to formal investigation Quarterly meetings held with ADMs and Directors
Formal Investigation Notice of Intent to Investigate Investigation plan Wish List Letter Must comply Summons under oath
Investigations Investigations are private Office of the Ombudsman not covered by Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act Most cases resolved without need for a formal investigation
Providing information to the Ombudsman The Ombudsman s office relies on the co-operation and support of officials in public sector bodies to conduct timely, effective, thorough investigations.
Expectations To ensure integrity of our process, Ombudsman staff must maintain control of the investigation. Ombudsman staff determine whom to contact and/or interview within a government organization to obtain information or documents. Government officials are to ensure staff are aware of their obligations to provide information directly to Ombudsman staff.
Expectations Ombudsman staff set target dates by which information is expected to be provided, without delay Government staff are to notify Ombudsman staff of any delays in advance, with explanation and a new target date. Lawyers
Case example: Good medicine Funding criteria for breast cancer drug revised after investigation, high-level meeting Reported in Annual Report 2014-2015
2014 / 2015
193km
Open Meeting Law Enforcement Team 1,000+ complaints and inquiries since 2008 about closed meetings Sunshine Law Handbook and tip card sent to all council members in 444 municipalities Stay tuned for the fourth OMLET annual report, coming soon
S O R T pecial mbudsman esponse eam Serious, high-profile, systemic issues affecting large numbers of people
How to identify SORT issues: Monitor complaint trends or patterns Be aware of public debate and discussion, in the legislature or media Look beyond individual complaints to the underlying causes
)NVESTIGATION INTO THE TREATMENT OF VICTIMS BY THE #RIMINAL )NJURIES #OMPENSATION "OARD OMBUDSMAN R EPORT A NDRÉ M ARIN O MBUDSMAN O F O NTARIO F EBRUARY 2 007 35 investigations Investigation into the Special Investigations Unit s operational effectiveness and credibility 500 $00- '03 4$)00-500 Investigation into Cambrian College s administration of its Health Information Management Program and the oversight provided by the Ministry of Training, Colleges and Universities. Ombudsman Report André Marin, Ombudsman of Ontario September 2008 0.#6%4."/ 3&1035 "OES¹.BSJO 0NCVETNBO PG 0OUBSJP "VHVTU 500 $0 0 - '03 4$)00Investigation into the Ministry of Training, Colleges and Universities Oversight of Bestech Academy Inc. and Enforcement of the Private Career Colleges Act 0.#6%4."/ 3&1035 "OES¹.BSJO 0NCVETNBO PG 0OUBSJP +VMZ
Stronger lottery security
Extended cancer drug funding Investigation into the Ministry of Health and Long-Term Care s decision-making concerning the funding of Avastin for colorectal cancer patients
Bill 8 Accountability and transparency 40 years in the making Same oversight, process as for provincial bodies Will include municipal services and elected officials Office of last resort
Regulations Under the Act
The M in MUSH: Complaints about municipalities 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 0 750 1500 2250 3000
Municipal issues Municipal services: Snow removal, parks, garbage collection Programs: Housing, recreation, Ontario Works Administration of taxes and fees Local Boards Conduct of council
The Ontario Ombudsman and Local Accountability Officers Integrity commissioners Auditors general Lobbyist registrars
Good to know: Not a replacement for local officers Local issues best resolved locally We will focus on systemic issues
Ombudsman reports
How will Ombudsman oversight work? No charge Experienced Efficient Confidential Last resort, work with existing complaint mechanisms Focus on systemic issues Non-binding recommendations
FIND US, FOLLOW US, WATCH US Search for Ontario Ombudsman twitter.com/ont_ombudsman youtube.com/ontarioombudsman thewatchdog@ombudsman.on.ca http://www.ombudsman.on.ca/
Questions? Ombudsman Ontario 2015