Ombudsman slams city lawyer's advice (Hamilton Spectator)

Ombudsman slams city lawyer's advice; Andre Marin tweets in response to solicitor's stance on report
Hamilton Spectator
Fri Jan 13 2012
Byline: Emma Reilly

Ontario's top watchdog has taken to Twitter to deliver some salty commentary about Hamilton's top lawyer.
Ontario Ombudsman Andre Marin sent a series of tweets Thursday slamming city solicitor Peter Barkwell over his reaction to a report from Marin's office issued this week.

In that report, the ombudsman's office ruled that councillors were in the wrong when they discussed public business behind closed doors last June.

Barkwell, however, told council the report was flawed.

Marin's tweets didn't mention Barkwell by name, but referred to Hamilton, its lawyers, and the so-called sunshine legislation that governs when councillors can discuss issues behind closed doors.

"Council should, by default, make city business public. In camera only if there are legitimate, tangible concerns that fit in the exceptions," read one of Marin's tweets.

"Any municipality (and esp. their lawyers) wishing to request free training on the Sunshine Law, pls contact us: 1-800-263-1830," read another.

"Bonus: City lawyers who attend our Sunshine Law training can make it count towards their Continuing Pro Development," Marin continued.

At issue are two closed-door meetings at City Hall, held during the June 27 general issues committee meeting. Councillors went in camera twice - once to discuss McMaster University's proposal for a downtown health campus and again to privately debate how to dismantle the board of directors for Hamilton Entertainment and Convention Facilities Inc. (HECFI).

Responding to a complaint filed by Spectator columnist Andrew Dreschel, Michelle Bird of the ombudsman's office said in early November that the councillors broke the rules and should have discussed those items in public.

At another closed-door session held Monday, Barkwell told councillors the ombudsman's review didn't comply with provincial law and contained "serious factual errors."

Barkwell also said council would be within its rights to ignore the recommendations and noted under an "alternatives for consideration" section that the city could drop the ombudsman in favour of a private, closed-door meeting investigator.

Barkwell also advised council to keep that report private.

Councillors ultimately rejected that advice, which prompted another tweet from Marin on Thursday. "Kudos to Hamilton councillors for giving their lawyer's opinion the attention it deserves - ignoring it," it read.

Former mayor Larry Di Ianni also chimed in during the debate on Twitter. "Mr. Marin's response skirts the substance of Barkwell's concerns and comes across as arrogant/condescending."

Marin initially tweeted that his office would release a response to Barkwell's comments Thursday. However, his office later said that statement will be issued today.