Frivolous and Vexatious Complaints - Frequently Asked Questions
Who can apply the policy?
City of Greater Sudbury staff and contractors acting on behalf of the city may initiate the policy.
Staff and contractors initiating the policy are responsible for maintaining detailed records of their interactions, actions and decisions in order to justify restrictions.
How many complaints or requests must there be to be considered frequent?
Frequency of complaints or requests alone is not a definition of unreasonable.
Complaints or requests that are justified and can be resolved through existing city services, programs, policies, or bylaws are valid for customer service, no matter how many a single resident may submit.
Frequency comes into play when the resident repeats a request or complaint after receiving a response or outcome. How often can help determine whether the complainant is a candidate for restrictions.
A single point of contact, stating that the complainant feels the response or outcome is unsatisfactory, is fair and reasonable. More than that and employees may begin documenting, particularly if the request or complaint is unreasonable, disruptive or aggressive.
What potential restrictions can be applied to a complainant?
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.);
• limiting the customer to a single person of contact designated by the City;
• 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 (eg. solicitor, counsellor, friend acting on their behalf);
• limiting or regulating the customer’s use of the City’s services;
• refusing customer access to any City building except by appointment;
• banning a customer from City facilities or properties for a specific period of time which may include pursuing Legal actions, such as the issuance of a Notice of Trespass;
• closing the case or service request;
• informing the customer that further contact on the matter of the complaint/request will not be acknowledged or replied to;
• ending all contact with the customer for a specified period of time; or
• other actions as deemed appropriate.
How long will restrictions remain in place?
A review date will be set for all restrictions. The date is based on the circumstances of the case and could extend to three months or more.
The complainant will be informed of the outcome of the review.
Directors may extend restrictions beyond the review date. The complainant will be notified and provided with a second date for review.
Are complainants able to dispute restrictions?
Complainants have the right to make one appeal regarding a decision to impose restrictions.
Appeals must be submitted in writing to the Office of the Chief Administrative Officer (CAO).
The CAO will review the appeal with appropriate members of staff.
The CAO’s Office will communicate the decision to confirm, rescind or amend restrictions to the complainant in writing within 15 business days.
In the event that a request for appeal cannot be resolved, the City may recommend that the request for appeal be referred to the Provincial Ombudsman’s Office and the City file will be deemed closed.