The chair of Hamilton's LGBTQ advisory committee is taking the city's integrity commissioner to court, saying the commissioner acted outside of his jurisdiction by investigating him.

Kroetsch and his lawyer, Nick Papageorge of Ross & McBride LLP, filed an application for a judicial review last Friday.

The application, obtained by CBC News, states Kroetsch was denied procedural fairness, and argues city bylaws don't allow the commissioner to investigate members of local boards. The application also asserts the process was unfair because Kroetsch's submissions weren't considered.

The commissioner's report stated Kroetsch went against city clerk advice and tweeted a motion with employee names — presumably of a new Hamilton Police Services board appointee, and a former city employee with ties to a neo-Nazi organization.

The report from Principles Integrity recommended council reprimand or unseat Kroetsch, who councillors appointed to the council advisory committee in 2018.

Kroestch previously expressed confusion about the ordeal, saying his tweet didn't contain the names. He also pointed to a link to the unredacted motion on the city's website.

Nrinder Nann, Ward 3 councillor, moved a motion during a city council meeting Wednesday to reconsider the reprimand.

"I no longer feel like a reprimand was required," she said. "It's been stated two wrongs don't make a right, but it's quite mind-boggling to me that the city's website had a fully unredacted version of the document with names included of individuals online and publicly available during the investigation of a citizen volunteer, which was the basis of the reprimand."

Councillors instead voted 11-3 to defer until after the review is complete.

Nicole Auty, city solicitor, said the city isn't named in the application, but is responsible for paying for and mounting the defence.

Brad Clark, Ward 9 councillor, said the application effectively hobbles council from acting on it further.

"I wanted to clear this up today," he said, but "I can't raise those [concerns] today without interfering in the judicial process."

"What an interesting box we find ourselves in."

Kroetsch said in an interview Wednesday he will file another another application for judicial review against city council for their reprimand.

"I was hoping that today city council would do the right thing and rescind the reprimand," he said.

"We could have filed against the city last week, but we were hoping they would have done the right thing."

Mayor Fred Eisenberger, Jason Farr (Ward 2), Sam Merulla (4), Chad Collins (5), Tom Jackson (6), Brad Clark (9), Maria Pearson (10), Brenda Johnson (11), Arlene VanderBeek (13), Terry Whitehead (14), Judi Partridge (15).

Maureen Wilson (1), Nrinder Nann (3), John-Paul Danko (8).

Abstained: Esther Pauls (7). Absent: Lloyd Ferguson (12).