bargaining position

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City of Port Colborne

November 19, 201519 November 2015

The Ombudsman reviewed a closed meeting held by council for the City of Port Colborne to discuss disposing of its shares in a shared services provider. The meeting was closed under the security of the property exception. Council cited the exception because the municipality’s bargaining position might have been affected if details of the discussion were made public. The security of the property exception is narrowly construed. The Ombudsman found that the fact that any discussion in open session may have decreased the value of the shares was insufficient to bring the matter within the security of the property exception.

City of London

June 12, 201512 June 2015

The Ombudsman reviewed a closed meeting held by the City of London’s Strategic Priorities and Policy Committee that relied on the acquisition or disposition of land exception to discuss development proposals for a decommissioned hospital site owned by the municipality. The committee considered legal advice and heard from staff about expressions of interest from members of the public interested in purchasing the land. The Ombudsman found that, if made public, the committee’s discussion about the expressions of interest might have affected the municipality’s bargaining position in negotiations related to the land sale. Therefore, the discussion fit within the acquisition or disposition of land exception.

Town of Fort Erie

April 13, 201513 April 2015

The Ombudsman reviewed a closed meeting held by council for the Town of Fort Erie to hear a presentation of the Fort Erie Economic Development and Tourism Corporation. The meeting was closed under the acquisition or disposition of land exception. During the meeting, council may have briefly discussed a purely speculative disposition of land. The Ombudsman found that council’s discussion did not fit within the acquisition or disposition of land exception because the discussion was purely speculative and did not involve an imminent purchase or sale of land. Accordingly, there was no bargaining position to protect.

Township of Russell

August 08, 201408 August 2014

The Ombudsman reviewed a closed meeting held by council for the Township of Russell to discuss financial interests, municipal growth, future planning, and negotiation strategy. The meeting was closed under the security of the property exception. The Ombudsman found that council’s discussions did not come within section 239(2)(a) of the Municipal Act, 2001 as the discussion did not relate to preventing the loss or damage of municipal property or to the protection of public safety relating to municipal property.