negotiation

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Township of Leeds and the Thousand Islands

July 06, 202206 July 2022

The Ombudsman received a complaint alleging that the Committee of the Whole for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it received an update about negotiations with a commercial partner during a closed session. The Ombudsman was satisfied that the negotiations were ongoing at the time of the meeting and found that the matter was permitted to be discussed in closed session under the exception for plans and instructions for negotiations.

Saugeen Municipal Airport Commission

June 09, 202209 June 2022

The Ombudsman reviewed a complaint that the Saugeen Municipal Airport Commission contravened the Municipal Act, 2001 when it went in camera during a meeting on September 27, 2021. The Ombudsman found that a discussion about negotiations with a client could be parsed from discussions about an agreement with municipalities and financial information.

Township of McKellar

August 24, 202124 August 2021

The Ombudsman received a complaint alleging that council for the Township of McKellar improperly met in closed session on June 24, 2021, to discuss the West Parry Sound Pool and Wellness Centre contrary to the Municipal Act, 2001. The Ombudsman found that council discussed its position regarding ongoing negotiations with six municipalities and two first nation communities relating to a joint pool and wellness centre. Accordingly, this discussion was permissible under section 239(2)(k) of the Municipal Act.

City of Hamilton

November 05, 202005 November 2020
The City of Hamilton’s General Issues Committee met in closed session to discuss events that may take place in the city in 2022 or 2023. The committee cited the negotiations exception when it moved in camera. During the discussion the committee reviewed a confidential staff report and staff confirmed that negotiations between the city and other parties were ongoing. The committee also provided staff with direction on how to proceed in negotiations. The Ombudsman found that the four-part test for the exception for negotiations was satisfied because while in camera, the committee formulated a plan and directed staff with respect to the municipality’s ongoing negotiations regarding potential events that may take place in 2022 or 2023.  

Town of Saugeen Shores

August 10, 202010 August 2020

The Ombudsman received a complaint that council for the Town of Saugeen Shores contravened the Municipal Act’s open meeting requirements on July 22, November 11 and November 25, 2019. He also received a complaint that council held an informal private gathering that amounted to an illegal closed meeting on February 24, 2020. The Ombudsman’s investigation found no contraventions of the Municipal Act’s open meeting requirements.
 

Town of Saugeen Shores

August 10, 202010 August 2020

The Ombudsman reviewed several closed meetings held by council for the Town of Saugeen Shores where council discuss ongoing lease negotiations for municipal property. The Ombudsman found that these discussions fit within the closed meeting exception for the acquisition or disposition of land. 

Town of Saugeen Shores

August 10, 202010 August 2020

The Ombudsman reviewed several closed meetings held by council for the Town of Saugeen Shores where council discuss ongoing lease negotiations for municipal property. In each case, council provided staff with direction on how to proceed with the ongoing lease negotiations. The Ombudsman found that these discussions fit within the closed meeting exception for plans and instructions for negotiations. 

Town of Saugeen Shores

August 10, 202010 August 2020

The Ombudsman reviewed a closed meeting held by council for the Town of Saugeen Shores where council discuss ongoing lease negotiations for municipal property. At this meeting, a lawyer was present to provide council with legal advice related to a draft lease agreement. In each case, council provided staff with direction on how to proceed with the ongoing lease negotiations. The Ombudsman found that this discussions fit within the closed meeting exception for advice subject to solicitor-client privilege. 

Norfolk County

October 29, 201929 October 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 found that council’s receipt of legal advice from the county solicitor regarding ongoing contractual negotiations with a candidate for the interim CAO position, fit within the exception for advice subject to solicitor-client privilege.

City of Hamilton

June 21, 201921 June 2019

The City of Hamilton’s General Issues Committee met in closed session to discussion the municipality’s contribution to the local Canadian Football League (CFL) team’s bid for the Grey Cup championship game. The committee cited the negotiations exception when it moved in camera. During the discussion the committee reviewed staff’s negotiations with the CFL team up to that point, and discussed whether or not to approve a recommended financial contribution. The committee also provided staff with specific steps on how to proceed in negotiations. The Ombudsman found that the four-part test for the exception for negotiations was satisfied because while in camera, the committee formulated a plan and directed staff with respect to the municipality’s ongoing negotiations with the CFL team.

Town of Orangeville

January 24, 201424 January 2014

The Ombudsman reviewed a closed meeting held by council for the Town of Orangeville that relied on the litigation or potential litigation exception to discuss the terms of a lease agreement. The owner of the property was present during the meeting. There was a very real likelihood of litigation if the lease negotiations failed. However, the Ombudsman found that the presence of the owner of the property that the municipality was seeking to acquire disqualified the discussion from fitting within the litigation or potential litigation exception.