Podcast
Questions and Answers
What is the reason behind taking a reprisal against a City employee?
What is the reason behind taking a reprisal against a City employee?
Who should a City employee notify immediately if they believe they are the subject of a reprisal?
Who should a City employee notify immediately if they believe they are the subject of a reprisal?
If a reprisal involves a Member of City Council, who should the employee notify?
If a reprisal involves a Member of City Council, who should the employee notify?
What is the duty of a City employee who becomes aware of a reprisal against another employee?
What is the duty of a City employee who becomes aware of a reprisal against another employee?
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Under what circumstances may reprisal protection not be extended to an employee?
Under what circumstances may reprisal protection not be extended to an employee?
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What is the Chapter number of the Toronto Municipal Code that deals with Public Service?
What is the Chapter number of the Toronto Municipal Code that deals with Public Service?
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Who will lead the investigations of alleged reprisals involving Members of City Council or Members of Local Boards?
Who will lead the investigations of alleged reprisals involving Members of City Council or Members of Local Boards?
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What is the consequence of substantiating allegations of reprisals against an employee?
What is the consequence of substantiating allegations of reprisals against an employee?
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Who will receive the findings of an investigation into allegations of wrongdoing by the City Manager, City Clerk, or City Solicitor?
Who will receive the findings of an investigation into allegations of wrongdoing by the City Manager, City Clerk, or City Solicitor?
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What is the role of the City Manager in investigating allegations of reprisals?
What is the role of the City Manager in investigating allegations of reprisals?
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Who is responsible for investigating allegations of wrongdoing by Accountability Officers and their staff?
Who is responsible for investigating allegations of wrongdoing by Accountability Officers and their staff?
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What is the responsibility of Members of City Council and their staff during investigations?
What is the responsibility of Members of City Council and their staff during investigations?
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Study Notes
Reprisal Protection
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No person can take a reprisal against a City employee who:
- Seeks information or advice about making a disclosure about wrongdoing
- Makes a disclosure about wrongdoing in good faith
- Acts in compliance with Article VI or Article VII
- Initiates or cooperates in an investigation or process related to a disclosure of wrongdoing
- Appears as a witness, gives evidence, or participates in any proceeding relating to the wrongdoing
- Alleges or reports a reprisal
- Is suspected of any of the above actions
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Reprisal protection may not be extended to employees whose identity cannot be confirmed
Reporting and Investigating Reprisal
- A City employee who believes they are the subject of a reprisal following a disclosure of wrongdoing must notify the Chief People Officer, City Manager, or the Auditor General immediately
- If the reprisal involves a Member of City Council or a Member of a Local Board, the employee must notify the Integrity Commissioner immediately
- A City employee informed of, or who becomes aware of, a reprisal against an employee has a duty to notify the Chief People Officer, City Manager, the Auditor General, or the Integrity Commissioner
- Allegations of reprisal will be subject to investigation
Results of an Investigation
- If the investigation substantiates the allegations of reprisals, the Auditor General will inform the City Manager and the employee(s) involved will be subject to disciplinary action up to and including dismissal
- The City Manager will consult with the Chief People Officer and the City Solicitor to determine and take appropriate actions to stop, reverse, or remedy a reprisal against an employee
Special Investigations
- The Integrity Commissioner is responsible for receiving, reviewing, investigating, and reporting on allegations of wrongdoing, improper breach of confidentiality, or reprisal against a Member of City Council or their staff
- Members of City Council and their staff will cooperate with the Integrity Commissioner during investigations and provide access to information
- The Auditor General will retain a third-party investigator to investigate allegations of wrongdoing, improper breach of confidentiality, or reprisal against the City Manager, City Clerk, or City Solicitor
- A third-party investigator will be used to investigate allegations of wrongdoing, improper breach of confidentiality, or reprisal against an Accountability Officer or their staff, and their findings will be reported to City Council
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