by-election

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Town of Plympton-Wyoming

February 10, 202110 February 2021

The Ombudsman investigated a closed session held by council for the Town of Plympton-Wyoming. The meeting was closed under the personal matters exception. Council discussed the employment history and qualifications of two individuals interested in filling a council vacancy. Accordingly, this part of the discussion fit within the personal matters exception. Council also discussed the method to be used to fill the vacancy either a by-election or appointment. The Ombudsman found that this part of the discussion did not concern personal matters of identifiable individuals. According, this part of the discussion was not permitted to be closed to the public.

Town of Plympton-Wyoming

February 10, 202110 February 2021

The Ombudsman investigated a closed session held by council for the Town of Plympton-Wyoming. The meeting was closed under the personal matters exception. The Ombudsman found that council’s discussion about the employment history and qualifications of two individuals interested in filling a council vacancy fit within the “personal matters” exception to the open meeting rules. However, council’s discussions about whether to fill the vacancy by holding a by-election or by appointment did not fit within the “personal matters” exception. The Ombudsman found that it would have been possible for council to parse the two discussions. Council could have discussed the method to fill the council vacancy in open session then proceed to closed session to discuss personal matters relating to the individuals interested in filling the council vacancy.

Township of The North Shore

June 29, 201829 June 2018

The Ombudsman reviewed a closed meeting held by council for the Township of The North Shore relying on the personal matters exception to discuss a vacant council seat. During the closed session, council discussed whether to fill the vacancy by appointment or by by-election, and at least one identifiable individual who could fill the vacancy. The discussion about the identifiable individual involved personal information regarding qualifications and experience. The Ombudsman found that this portion of the discussion fit within the personal matters exception. However, the Ombudsman found that council’s discussion about how to fill the council vacancy (whether by appointment or by-election) did not include any personal information about an identifiable individual. Accordingly, this portion of the discussion did not fit within the personal matters exception.