Leeds and the Thousand Islands, Township of

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 addressed concerns from council members that the complaint was “frivolous and vexatious.” He reminded council that open meeting requirements are rooted in the public’s right to accountable municipal governance. He noted that his Office undertakes preliminary assessments of every complaint to ensure that there are evidentiary grounds for launching a formal investigation. Finally, he explained that the Ombudsman has the discretion not to proceed with any complaint he deems frivolous, vexatious or not made in good faith.

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 found that the matter was permitted to be discussed in closed session under the exception for plans and instructions for negotiations. However, the Ombudsman reminded the committee that it should have included a description of the general nature of the verbal update in its resolution to move in camera.

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.

The Ombudsman reviewed a complaint that council for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it went in camera on August 11, 2020. Council’s in camera discussion pertained to a study report and a funding application, both related to an internet broadband project. The Ombudsman found that council’s discussion about the study report was permissible under the exception at s. 239(2)(j), information belonging to the municipality. However, council contravened the Act by discussing the funding application in camera and by holding a vote by consensus on this matter. Furthermore, prior to moving in camera, council failed to state in its resolution the general nature of the matter to be considered as required by s. 239(4).

The Ombudsman reviewed a complaint that council for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it went in camera on August 11, 2020. Council’s in camera discussion pertained to a study report and a funding application, both related to an internet broadband project. The Ombudsman found that council’s discussion about the study report was permissible under the exception at s. 239(2)(j), information belonging to the municipality. However, council contravened the Act by discussing the funding application in closed session and by holding a vote by consensus on this matter. Furthermore, prior to moving in camera, council failed to state in its resolution the general nature of the matter to be considered as required by s. 239(4).

The Ombudsman reviewed a complaint that council for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it went in camera on August 11, 2020. Council’s in camera discussion pertained to a study report and a funding application, both related to an internet broadband project. The Ombudsman found that council’s discussion about the study report was permissible under the exception at s. 239(2)(j), information belonging to the municipality. However, the discussion about the study report was separate from the discussion relating to the funding application. Council contravened the Act by discussing the funding application in closed session and by holding a vote by consensus on this matter. Furthermore, prior to moving in camera, council failed to state in its resolution the general nature of the matter to be considered as required by s. 239(4).

The Ombudsman reviewed a complaint that council for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it went in camera on August 11, 2020. Council’s in camera discussion pertained to a study report and a funding application, both related to an internet broadband project. The Ombudsman found that council’s discussion about the study report was permissible under the exception at s. 239(2)(j), information belonging to the municipality. However, council contravened the Act by discussing the funding application in closed session and by holding a vote by consensus on this matter. The discussion about the funding application was not related to negotiations or future negotiations, as required by s. 239(2)(k). Furthermore, prior to moving in camera, council failed to state in its resolution the general nature of the matter to be considered as required by s. 239(4).

The Ombudsman reviewed a complaint that council for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it went in camera on August 11, 2020. Council’s in camera discussion pertained to a study report and a funding application, both related to an internet broadband project.
The Ombudsman found that council’s discussion about the study report was permissible under the exception at s. 239(2)(j), information belonging to the municipality. However, council contravened the Act by discussing the funding application in closed session and by holding a vote by consensus on this matter. The discussion about the funding application had no clear monetary or potential monetary value, as required by s. 239(2)(j). Furthermore, prior to moving in camera, council failed to state in its resolution the general nature of the matter to be considered as required by s. 239(4).

The Ombudsman reviewed a complaint that council for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it went in camera on August 11, 2020. Council’s in camera discussion pertained to a study report and a funding application, both related to an internet broadband project.
The Ombudsman found that the study report was not information belonging to a third party under s. 239(2)(i). The Ombudsman found that council’s discussion about the study report was nonetheless permissible under the exception at s. 239(2)(j), information belonging to the municipality. However, council contravened the Act by discussing the funding application in closed session and by holding a vote by consensus on this matter. Furthermore, prior to moving in camera, council failed to state in its resolution the general nature of the matter to be considered as required by s. 239(4).

The Ombudsman reviewed a closed meeting held by council for the Township of Leeds and the Thousand Islands to discuss the assignment of the Chief Administrative Officer’s (CAO) duties. The meeting was closed under the personal matters exception. The discussion focused on the specific skills and work experience of identified employees who were being considered for the interim CAO role. There was a brief mention of the CAO hiring process which was incidental to the main discussion. The Ombudsman found that the meeting fit within the personal matters exception because council discussed the qualification of identifiable individuals. The Ombudsman found that general consideration of the CAO hiring process would not have fit within this exception, however any such discussions were brief and incidental to the main discussion.

The Ombudsman reviewed a closed meeting held by the Personnel Committee for the Township of Leeds and the Thousand Islands to discuss information and staff opinions on senior staff compensation. The meeting was closed under the exception for labour relations or employee negotiations. The committee’s mandate was to make recommendations to council about this issue and to negotiate a tentative agreement with employees on remuneration and retention. The Ombudsman found that the committee’s discussion fit within the labour relations or employee negotiations exception because the discussion was dealing directly with the terms of employment for senior staff.

The Ombudsman reviewed a meeting held by the Personnel Committee of Council for the Township of Leeds and the Thousand Islands. Public notice of the meeting was not provided. The municipality’s procedure by-law did not apply to committees, however the Ombudsman found that committees must also comply with the open meeting requirements of the Municipal Act, 2001.

The Ombudsman reviewed a closed meeting held by council for the Township of Leeds and the Thousand Islands to discuss council member remuneration. The meeting was closed under the personal matters exception. During the meeting, council members voted on their own remuneration. The Ombudsman found that this vote was neither procedural in nature nor a direction to staff and was therefore improper. The Ombudsman also found that the meeting itself was improperly closed.

The Ombudsman reviewed a closed meeting held by council for the Township of Leeds and the Thousand Islands, which relied on the closed meeting exception to discuss a salary increase for council members. The Ombudsman found that the setting of the remuneration and expense policy for members of council is information about council members in their professional capacity, not personal information. Therefore, council’s discussion did not fit within the personal matters exception.