137.24. The Government may dismiss a commissioner if the Conseil de la justice administrative so recommends, after an inquiry following a complaint for breach of the code of ethics or of the prescriptions governing conflicts of interest or incompatible functions or for a dereliction of duty under this Code. It may also impose a suspension or issue a reprimand.
A complaint must be in writing and must briefly state the grounds on which it is based. The complaint is sent to the seat of the council.
The council shall, when examining a complaint brought against a commissioner, act in conformity with the provisions of sections 184 to 192 of the Act respecting administrative justice (chapter J-3), with the necessary modifications.
However, where the council, for the purposes of section 186 of the said Act, forms an inquiry committee, two members of the committee shall be chosen from among the members of the council referred to in paragraphs 1 to 4 and 7 to 9 of section 167 of that Act, at least one of whom shall neither practise a legal profession nor be a member of a body of the Administration whose president or chairman is a member of the council. The third member of the inquiry committee shall be the member of the council referred to in paragraph 6 of that section or shall be chosen from a list drawn up by the president of the Commission, after consulting all the commissioners of the Commission. In the latter case and if the inquiry committee finds the complaint to be justified, the third member shall take part in the deliberations of the council for the purpose of determining a penalty.
2001, c. 26, s. 63; 2002, c. 22, s. 33.