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The Corporation of the Township of North Kawartha
By-law 2024-0046
Being a by-law of the Corporation of the Township of North Kawartha to
adopt a Customer Conduct Policy.
Whereas under Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality has the capacity, rights, powers and privileges of a natural person;
And Whereas the Council of the Corporation of the Township of North Kawartha
deems it necessary to adopt a Customer Conduct Policy to define situations that
meet the criteria of Frivolous, Vexatious or Unreasonable, and the associated
actions that may be taken in such circumstances.
Now Therefore the Council of the Corporation of the Township of North Kawartha
enacts as follows:
1. That the Customer Conduct Policy attached hereto as 'Schedule A' be
adopted.
This by-law shall come into effect on the 15th day of October, 2024.
Read and Adopted in open Council on the 15th day of October, 2024.
________________________________
Carolyn Amyotte, Mayor
________________________________
Connie Parent, Clerk
Page 1 of 5
The Corporation of the Township of North Kawartha
Corporate Policies and Procedures
Subject:
Customer Conduct Policy
Policy Number:
Approving Authority:
Alana Solman, CAO
Date Approved:
Revised:
Associated Documents / Legislation:
1.
Purpose
This policy is to guide and identify situations that meet the criteria of Frivolous,
Vexatious or Unreasonable, and the associated actions that may be taken in
such circumstances. Actions taken pursuant to this policy will ensure that
municipal resources are used effectively and efficiently, while maintaining a high
level of service excellence and responsiveness to all members of the public.
Also, this policy includes guidelines on Customer Conduct
The Township of North Kawartha's Strategic Plan identifies providing "effective,
clear and transparent Township communication" as a strategic priority. The
Corporation of the Township of North Kawartha strives to provide efficient service
to all customers.
2.
Scope
This policy applies to all employees (full-time, part-time, permanent, or
temporary), Members of Council, Boards and Committees, interns, students,
contractors, and volunteers while responding to North Kawartha customer
service inquiries via telephone, email, written correspondence, in person, in
meetings (virtual or live), online requests or responding to social media channels.
This policy applies to unreasonable customer behaviour and unreasonably
persistent customers. Deciding whether a request is unreasonable, vexatious, or
frivolous is a flexible balancing exercise, considering all the circumstances of the
case. There is no rigid test or criteria in deciding whether a request is vexatious
or frivolous. The key question is whether the request is likely to cause distress,
disruption, or irritation, without proper or justified cause.
The decision to classify someone's behaviour as unreasonable, or to classify a
request as vexatious or frivolous, could have consequences for the individual,
including restricting their access to Township services. The decision may be
because of a repeated pattern of conduct when, on several occasions, a
complainant engages in one or more of the identified behaviours or actions
identified as unreasonable, frivolous, or vexatious. This does not preclude a
single significant incident being used to move a request to be dealt with under
this policy.
This policy does not apply where legal action against the Township or a
Township official has been threatened or commenced. Additionally, this policy
Schedule A 2024-0046
Page 2 of 5
does not apply to typical complaints, which are addressed through the Township
Complaint Process, which provides the public with an avenue
for submitting complaints and provides a consistent practice for handling
complaints. Internal staff complaints conducted by Managers, or the CAO are not
included in this policy.
3.
Definitions
C.A.O. means Chief Administrative Officer of the Township of North Kawartha
Committee Member means an individual appointed by Council to a specific
Committee of Council.
Concern is any expression of dissatisfaction about the action taken by the
Township or by a person or body acting on behalf of the Township.
Council means The Township of North Kawartha Council as a whole.
Council Member means an individual member of Council, including the Mayor.
Customer means residents, ratepayers, businesses, visitors, and service
providers.
Employee means all full-time, part-time, temporary, seasonal and staff hired on
a contract basis for a defined period, as well as students.
Frivolous means a Complaint /Request that has no serious purpose or value or
may have little merit and be trivial and is part of a pattern of conduct that
amounts to an abuse of the right of access, interferes with the operations of the
institution, or is made in bad faith or for a purpose other than to obtain access.
Ombudsman means the Ombudsman of Ontario.
Request means the act of asking for something to be given, provided, or done,
such as request made to the Township by a customer for a service or for
information.
Township means the Township of North Kawartha
Unreasonable means a Complaint /Request that is likely to cause distress or
disruption to the Township, its Employees, or other members of the public,
without any proper or justified cause and can include behaviour that, is
aggressive, inappropriate or of a frequent nature.
Vexatious means a Complaint /Request without merit, which is pursued in a
manner that is malicious, intended to inconvenience, embarrass, or harass the
recipient or is a pattern of conduct by the customer that amounts to the misuse of
the processes and procedures.
4.
Procedures
Customer Conduct Procedure
The decision to classify someone's behaviour as Unreasonable, or to classify a
Request or Complaint as Frivolous and Vexatious, could have consequences for
the customer, including restricting their access to Township services, facilities,
and staff. The decision may be because of a repeated pattern of conduct when,
on several occasions, a person engages in one or more behaviours or actions
identified as Unreasonable, Frivolous, and/or Vexatious, or it may be a single
Page 3 of 5
significant incident that requires the invocation of this policy. If an incident
presents an immediate threat, contact 9-1-1. Harassment and violence toward
any employee will not be tolerated.
Although each case must be determined considering its own circumstances,
below are examples meant to help staff identify Frivolous, Vexatious or
Unreasonable conduct. It is understood that these examples are not
determinative; the list is not exhaustive, nor does any action set out in the list
necessitate application of this policy.
Examples of Unreasonable Behaviour
Examples of what might be considered unreasonable behaviour are shown
below. The list is not exhaustive, nor does one single feature on its own
necessarily imply that the customer will be considered as being in this category:
-
Refusing to specify the grounds of a complaint, despite offers of
assistance.
-
Changing the basis of the complaint/request as the matter proceeds.
-
Denying or changing statements made at an earlier stage.
-
Covertly recording meetings and conversations.
-
Making untrue statements.
-
Making excessive demands on the time and resources of staff with lengthy
phone calls, emails to numerous staff, on the same issue, or detailed
letters every few days,
and expecting immediate responses.
-
Refusing to accept the decision; repeatedly arguing points with no new
evidence.
-
Persistently approaching the Township through different routes about the
same issue.
-
Causing distress to staff. This could include use of hostile, abusive or
offensive language or statements, or an unreasonable fixation on an
individual member of staff. Any discrimination related to the Ontario
Human Rights Code
-
Asking staff personal questions unrelated to municipal business.
-
Making unjustified complaints about staff who are trying to deal with the
issues and seeking to have them replaced.
-
Refusing to deal with the appropriate staff member.
Examples of Vexatious or Frivolous Requests
Examples of what might be vexatious requests are shown below. The list is not
exhaustive, and for a request to be considered as vexatious it is likely that more
than one of the examples is relevant:
-
Submission of obsessive requests with high volume and frequency of
correspondence.
-
Comments designed to defame the reputation of the Township.
-
Requests for information the requester has already seen, or clear intention
to reopen issues that have already been considered.
-
Where complying with the request would impose significant burden on the
Corporation in terms of expense, and negatively impact our ability to
provide service to others.
-
Where the customer states that the request is meant to cause
maximum inconvenience, disruption, or annoyance.
-
Where the request lacks any serious purpose or value. An apparent lack
of value would not usually be enough on its own to make a request
vexatious but may when considered with other examples.
-
Harassing the Corporation. This could include high volume and
frequency of correspondence, or mingling requests with accusations and
complaints.
Page 4 of 5
Application of Restrictions
Restrictions will be tailored to deal with the individual circumstances and may
include one or more of the following (the list is not exhaustive):
- Placing limits on the number and duration of contacts with staff per week
or month.
- Offering a restricted time slot for necessary calls.
- Limiting the customer to one method of contact (telephone, letter, email,
etc.).
- Requiring the customer to communicate only with one named member of
staff.
- Requiring any personal contacts to take place in the presence of a witness
and in a suitable location.
- Requiring the customer to make contact by telephone only through a third
party e.g. solicitor/ counsellor/ friend acting on their behalf.
- Informing the customer that further contact on the matter of the
complaint/request will not be acknowledged or replied to.
- Pursuing Legal actions e.g. issuance of Notice of Trespass.
- Where efforts to resolve matters with the customer have not been
successful the case or request may be closed.
- Other actions as deemed appropriate.
Review of Restrictions
When any restrictions are put in place, a review date will be set. This will be
based on the circumstances of the case and could be for a period of 3 months or
longer depending on the severity of the situation. The status of a customer will be
reviewed by the relevant Department Manager on or before the review date. The
customer (where possible) will be informed of the outcome of the review. Where
the Department Manager, in consultation with the CAO feels the
restrictions should continue, the customer will be notified of the reasons and
given another date for review.
Dispute
Customers shall have the ability to appeal directly to the Township, regarding the
decision to impose restrictions, by addressing their concerns in writing to the
Clerk. The Clerk will review the relevant information and provide a summary to
the CAO who shall review the appeal and may confirm, rescind, or amend the
restrictions. In the event complaints cannot be resolved through the Township's
complaint process and/or this policy, they may be submitted to the Provincial
Ombudsman's office in accordance with the provisions of Bill 8.
5.
Responsibilities
Clerk:
The Clerk is responsible to consult with the C.A.O. in the application of the policy.
Customers:
Customers / Members of the Public are asked to recognize that the Township
must consider the needs of the whole community. They are to provide honest
and respectful communication.
Page 5 of 5
Employees:
Employees are to be aware of this policy and any accompanying guidelines and
protocols.
Managers:
Mangers are responsible for ensuring that Employees are aware of and trained
on this policy and any accompanying guidelines and protocols.
Members of Council and Committees:
Members of Council and Committees will consult with the C.A.O. and the
Integrity Commissioner, if necessary, regarding cases of Unreasonable
behaviour and/or Frivolous and Vexatious action that the Member wishes to
address, as described in this policy. Upon being consulted by a Member of
Council or Committees, the Integrity Commissioner shall provide advice to the
Member respecting any proposed action under this policy as it relates to the
Member's obligations under the Code of Conduct for Members of Council.
6.
Legislative and Policy Overview
a) Municipal Freedom of Information and Protection of Privacy Act, R.S.O.1990,
c.M. 56
The Municipal Freedom of Information and Protection of Privacy Act, R.S.O.
1990, c.M. 56, provides that a Request for information may be denied if, on
reasonable grounds, it is found to be Frivolous or Vexatious.
b) Occupiers' Liability Act and Occupational Health and Safety Act
The Township has a general legislated duty under the Occupiers' Liability Act,
R.S.O. 1990, c 0.2, to take such care, as in all the circumstances is
reasonable, for any persons entering on its premises, and the property
brought on the premises are reasonably safe. The Township has further
duties under the Occupational Health and Safety Act, R.S.O. 1990, c 0.1, to
address workplace violence and harassment and to:
- make reasonable efforts to provide a safe, healthy working
environment for its Employees.
- ensure that all persons on the property are reasonably safe while on
the premises; and,
- make reasonable efforts to provide for the safety of all Council,
Employees, and the public in Township operations and in public use of
Township facilities.
c) Related Policies
The Township is committed to ensuring a climate of understanding and mutual
respect and to making reasonable efforts to provide a safe workplace, free
from any form of discrimination, harassment, bullying or actual, attempted or
threatened violence. The Corporate Workplace Violence and Harassment
Policy, details the steps available to the Township to ensure that a respectful
and safe workplace is maintained.
The Townships Customer Complaints Policy and Procedures, provides the
public with an avenue for submitting complaints and provides Township
Employees with consistent practices for handling complaints about Township
programs and services.
Review Cycle:
This policy will be reviewed once a term of Council or when deemed necessary.