2019

The Ombudsman determined that council for Norfolk County did not contravene the Municipal Act, 2001, when it went in camera on March 26 and April 2, to discuss the hiring of an interim Chief Administrative Officer (CAO).

The Ombudsman received 77 complaints that closed meetings held by the City Manager Recruitment Steering Committee for the City of Hamilton were held in violation of the Municipal Act and the city’s procedure by-law. The complainants alleged that the public was denied access to these meetings, which were held outside city limits at a private venue. They also alleged that meeting times had been changed without notice and that the committee had denied public delegations. The Ombudsman determined that the public had been improperly prevented from attending the open portions of one meeting, contrary to the Municipal Act, and that the city failed to update the meeting time on its website. However, he determined that the location of the meetings was permissible. Exercising his general jurisdiction under the Ombudsman Act to review administrative concerns about municipalities, the Ombudsman determined that the city did not violate its delegation policy by refusing to permit members of the public to delegate during one of the meetings.

The Ombudsman received a complaint about three meetings of council for the Township of Carling, held on July 27, October 10, and November 13, 2018.

The Ombudsman received a complaint that the Committee of the Whole for the Municipality of St.-Charles inappropriately met in closed session on April 3, 2019, to discuss documents and recommendations about the municipality’s finances. The Ombudsman determined that the committee contravened the Municipal Act, 2001, when it went in camera to discuss the steps necessary to rectify errors and discrepancies in its accounting software. This discussion did not fit within the exception for personal matters, or any exception, to the open meeting requirements.

The Ombudsman determined that the council for the Municipality of West Nipissing inappropriately met in closed session on March 19, 2019, under the exception for personal matters in the Municipal Act, 2001 to discuss “Municipal Act/Roles & Responsibilities”. The Ombudsman’s investigation found that council’s in camera discussion was unrestricted and covered a wide range of topics, but did not involve any personal information that would have brought the discussion within the personal matters exception. The Ombudsman also found that the tone of the discussion – which was described as toxic, chaotic and disrespectful – was not a basis for closing the discussion under the personal matters exception. In addition, the Ombudsman determined the discussion, although intended to educate and train council members on their roles, did not actually involve any education or training. The discussion therefore did not fit within the narrowly construed exception for education and training.

The Ombudsman received a complaint alleging that resolutions to proceed in camera passed by council for the Municipality of The Nation at three separate meetings were not sufficiently detailed.

The Ombudsman received a complaint about a gathering that two council members attended on April 14, 2019, and a special meeting of council held on April 15, 2019, without prior public notice.

The Ombudsman received a complaint regarding a closed special meeting held on April 29, 2019. Council closed the meeting to the public to discuss a legal letter.

The Ombudsman received a complaint that the doors to Hamilton city hall were locked during part of a meeting of council on February 14, 2019, and that the doors to city hall were barricaded during part of a meeting of the city’s Audit, Finance and Administration Committee on April 18, 2019.

The Ombudsman received a complaint that a vote by the City of Hamilton’s Selection Committee during a March 1, 2019 closed meeting was not permitted by the open meeting rules.

The Ombudsman received a complaint regarding the attendance of three councillors at an April 30, 2019 public proceeding of the Local Planning Appeal Tribunal.

We received a complaint about a meeting held by the General Issues Committee for the City of Hamilton. The complainant alleged that committee’s two in camera discussions about the city’s contribution to the Hamilton Tiger-Cats’ bid for the 2020 or 2021 Canadian Football League Grey Cup Championship game did not fit within the open meeting exceptions for “advice subject to solicitor-client privilege”, “information belonging to the municipality”, or “negotiations”. The Ombudsman found that the first in camera discussion fit within the “advice subject to solicitor-client privilege” exception and the second in camera discussion fit wtihin the “negotiations” exception.

We received a complaint that council for Wollaston Township did not provide enough information to the public before closing meetings on December 3, 2018 and January 7, 2019, and that council should have used the exception for labour relations instead of the exception for personal matters.

The Ombudsman received a complaint regarding the January 10 and March 28, 2019 closed meetings of council for the Municipality of Temagami.

We received a complaint that members of council for the City of Hamilton contravened the open meeting provisions by exchanging emails relating to a vacant council seat in June 2018. The complaint also alleged that the city’s General Issues Committee contravened the rules by discussing and voting on matters related to the vacant seat in camera on July 9, 2018. The Ombudsman found that the city did not contravene the open meeting rules in the Municipal Act, 2001 when they exchanged emails regarding a vacant council seat in June 2018. The new definition of “meeting” in the Act requires that a quorum be present, such that an exchange of emails cannot be considered a meeting subject to the open meeting rules. In the interest of openness and transparency, municipal councils should continue to avoid conducting business outside of a formal meeting. The city’s General Issues Committee also did not contravene the open meeting rules when it discussed advice subject to solicitor-client privilege in camera on July 9, 2018. The committee did not vote regarding the vacant seat in camera on July 9; it did not contravene the voting provisions in the Act.

The Ombudsman received a complaint about a meeting held by council for the City of St. Catharines in June 2018.