2.             CREATION OF AN OFFICE OF THE OMBUDSPERSON

 

CRÉATION D’UN BUREAU DE L’OMBUDSMAN

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve:

 

WHEREAS the Accessibility Advisory Committee has recommended that “Council institute an office of the Ombudsperson” position;

 

AND WHEREAS Bill 130, the Municipal Statute Law Amendment Act, is currently being reviewed by the Standing Committee on General Government;

 

AND WHEREAS it is anticipated that Bill 130 may receive Third Reading sometime later this fall and be implemented early in the next term of Council;

 

THEREFORE BE IT RESOLVED THAT the Accessibility Advisory Committee’s above-noted recommendation be considered by the new City Council in the manner described in the staff report for Bill 130 [p. 37, Staff Recommendation no. 5].

 

 

RECOMMENDATION MODIFIÉE DU COMITÉ

 

Que le Conseil approuve :

 

ATTTENDU QUE le Comité consultatif sur l'accessibilité a recommandé que « le Conseil procède à la création d’un bureau de l’ombudsman »;

 

ATTENDU QUE le projet de loi 130, Loi modifiant des lois concernant les municipalités, est présentement examiné par le comité permanent sur les affaires gouvernementales;

 

ATTENDU QUE le projet de loi 130 est susceptible d’être adopté en troisième lecture plus tard cet automne, puis appliqué dès le début du prochain mandat du Conseil;

 

PAR CONSÉQUENT, IL EST RÉSOLU QUE la recommandation précitée du Comité consultatif sur l’accessibilité soit examinée par le nouveau conseil municipal, telle qu’elle est décrite dans le rapport du personnel portant sur le projet de loi 130 [p. 37, recommandation du personnel no 5].

 

 

DOCUMENTATION

 

1.                  Chair, Accessibility Advisory Committee’s report dated 17 October 2006
(ACS2006-CCV-AAC-0002).

 

2.                  Extract of Draft Minute, 17 October 2006.

Report to/Rapport au:

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

October 17 2006 / le 17 octobre 2006

 

Submitted by/Soumis par: Chair, Accessibility Advisory Committee

Président, Comité consultatif sur l’accessibilité

 

Contact Person/Personne-ressource:  Carole Langford,

Advisory Committee Coordinator/Coordonnatrice de comités consultatifs

Corporate Services Department/Services généraux

(613) 580-2424 x28934, Carole.Langford@ottawa.ca

 

City Wide / À l’échelle de la ville

Ref N°: ACS2006-CCV-AAC-0002

 

SUBJECT:

CREATION OF AN OFFICE OF THE OMBUDSPERSON

 

OBJET:

CRÉATION D’UN BUREAU DE L’OMBUDSMAN

 

 

REPORT RECOMMENDATIONS

 

That the Accessibility Advisory Committee recommend that the Corporate Services and Economic Development Committee recommend that Council institute an office of the Ombudsperson.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité consultatif sur l’accessibilité recommande au Comité des services organisationnels et du développement économique d’enjoindre le Conseil municipal de procéder à la création d’un bureau de l’ombudsman.

 

 

BACKGROUND

 

The mandate of the Accessibility Advisory Committee is to develop an awareness and understanding of issues and concerns of the citizens of the City of Ottawa with disabilities, with a goal to improving the quality of life for those with disabilities.

 

The Accessibility Advisory Committee held a meeting on 21 June 2006 and approved the following motion:

 

WHEREAS the City of Ottawa, in its 20/20 vision document is committed to creating an inclusive and caring society,

 

WHEREAS provincial legislation (AODA) requires the identification, removal and prevention of barriers experienced by persons with disabilities, 

 

AND WHEREAS Ottawa residents and visitors currently experience barriers to their full participation in civic life,

 

AND WHEREAS residents and visitors regularly experience barriers when attempting to access City of Ottawa services and programs,

 

AND WHEREAS Ottawa residents are often referred to advisory committees by councillors and City staff for assistance with individual complaints of municipal exclusion,

 

AND WHEREAS the number of individual complaints of exclusion and non-access are negatively impacting on the Accessibility Advisory Committee’s ability to carry out its primary mandate of advising Council on matters of accessibility, 

 

AND WHEREAS Ottawa residents are expressing frustration at not knowing where to go for assistance or support when experiencing barriers to their civic participation, 

 

AND WHEREAS Ottawa residents concerns regarding exclusion require attention and correction,

 

AND WHEREAS neither the Accessibility Advisory Committee nor the office of the Corporate Accessibility Specialist are mandated or resourced to receive individual complaints or to provide the required investigation, individual advocacy or medial negotiations for a satisfactory conclusion,

 

BE IT RESOLVED THAT the City of Ottawa, City Council institute an office of the Ombudsperson.  The role of the Office would be to provide an avenue to members of the public for complaints of exclusion, as well as a resource for building and implementing solutions to the satisfaction of parties involved.   The office of the Ombudsperson would be a publicly accountable body which has the authority to ensure issues are addressed.

 

 

DISCUSSION

 

The Accessibility Advisory Committee (AAC) hears from individuals at its monthly meetings on complaints with respect to accessibility issues.  The AAC’s mandate does not include dealing with individual complaints, however, Councillors and Departments receive requests and refer these individuals to this Committee for assistance as there is no where else to go.  The Corporate Accessibility Specialist also receives many requests and complaints in her office.

 

 

AAC has in the past, and continues to refer certain individuals to departments that could assist them, however, the time required to deal with these situations reduces the Committee’s ability to effectively work on general issues.  It is also an expectation with the public that the Committee will assist them. For these reasons, the City should have an ombudsperson that the public can go to sort out these issues. 

 

The Equity and Diversity Advisory Committee also has this issue as an initiative in its 2006 workplan. 

CONSULTATION

 

Staff recognizes the public often has difficulty knowing how to access the right person when they want to lodge a complaint, and that this problem can exacerbate when the complaint is about the accessibility of services itself.  The City’s new 3-1-1 service is designed to solve such problems, and 3-1-1 agents are available to take complaints or direct staff to the appropriate resources. This service is also accessible by TTY at 613-580-2401 and e-mail at 311@ottawa.ca.

 

Complaints received through 3-1-1 are forwarded to the appropriate department for action. 

 

To ensure members of the public know that accessibility complaints should be directed through 3-1-1, it might be necessary to widely communicate this point of contact for receiving accessibility complaints. A communication strategy could be developed to encourage the public to use this service when they have a concern related to accessibility.

 

The creation of an office of the Ombudsperson is addressed in Bill 130, the Municipal Statute Law Amendment Act, 2006, which was introduced into the Ontario Legislature on June 15, 2006.  Under Section 223.13 of this omnibus bill, a municipality would have the discretion to appoint an ombudsman who would report to Council and whose function would be “to investigate any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards, or municipally-controlled corporations”. The statutory powers conferred upon the ombudsman shall be exercised to the effect that any decision, recommendation, act or omission is final. Furthermore, the bill notes that the ombudsman may not investigate any decision, recommendation, act, or omission for which a right of appeal or objection has not yet been exercised, or of any person acting as legal advisor to the municipality, its local boards or a municipally-controlled corporation.

 

It is anticipated that City Council will be receiving a staff report on Bill 130 and its amendments to the Municipal Act, 2001 sometime in October at which time Council may wish to address the Accessibility Advisory Committee’s motion regarding the establishment of an ombudsperson position.

 

It is staff’s recommendation that 3-1-1 continue to be the first point of contact for accessibility complaints and the current process of managing the complaints through individual Departments be continued.

 


 

FINANCIAL IMPLICATIONS

 

Financial implications associated with the creation and ongoing operations of an Office of the Ombudsperson are undetermined at this time. Requirements for the Office could be developed, if appropriate, following the report on Bill 130 and following the development of the City of Ottawa Municipal Accessibility Plan (COMAP) 2007 which will be considered by Council in early 2007.

 

DISPOSITION

 

The Office of the Chief Corporate Services Officer will undertake the appropriate action following Committee and Council consideration of the Motion.


Creation of aN OFFICE OF THE OMBUDSPERSON

CRÉATION D’UN BUREAU DE L’OMBUDSMAN

ACS2006-CCV-AAC-0002                                                                       city wide

 

Councillor Cullen noted staff had provided him with a motion that he believed was consistent with the motion from the Accessibility Advisory Committee but marries it with the recommendations for Bill 130 (i.e. Item 6 on the Agenda), which would give the City the authority to establish the position of an ombudsperson.

 

Rick Sinclair, Member, Accessibility Advisory Committee (AAC), (a copy of Mr. Sinclair’s speaking notes are held on file with the City Clerk).  Mr. Sinclair confirmed he had seen the motion referred to by Councillor Cullen and was in favour of it.

 

Referencing the staff comment contained in the AAC report, Mr. Sinclair noted staff were suggesting the 3-1-1 line was an alternative to the ombudsperson.  He stated when the 3-1-1 line works, it is fine but when it and other procedures do not work, that is when an ombudsperson is required.  Further, he felt staff had not looked at this issue from the perspective of persons with disabilities.  For example, for a person with hearing loss, of the 527 City telephone numbers listed, only 9 were TTY numbers and only two of these lines were operational when tested.  He pointed out as a person with hearing loss, he is not able to speak via telephone with his Ward Councillor.  Mr. Sinclair stressed this was not equal access and felt an ombudsperson would help in addressing concerns such as this.

 

            Moved by Councillor A. Cullen

 

WHEREAS the Accessibility Advisory Committee has recommended that “Council institute an office of the Ombudsperson” position;

 

AND WHEREAS Bill 130, the Municipal Statute Law Amendment Act, is currently being reviewed by the Standing Committee on General Government;

 

AND WHEREAS it is anticipated that Bill 130 may receive Third Reading sometime later this fall and be implemented early in the next term of Council;

 

THEREFORE BE IT RESOLVED THAT the Accessibility Advisory Committee’s above-noted recommendation be considered by the new City Council in the manner described in the staff report for Bill 130 [p. 37, Staff Recommendation no. 5].

 

                                                                                                            CARRIED as amended