The North Shore, Township of

The Ombudsman reviewed a closed meeting held by council for the Township of the North Shore. The municipality’s solicitor was present during the meeting and provided legal advice to council. The Ombudsman found that this advice fit within the solicitor-client privilege exception.

The Ombudsman reviewed a closed meeting held by council for the Township of the North Shore. The municipality’s solicitor was not present during the meeting. However, council received and discussed written legal advice from the solicitor. The Ombudsman found that this advice fit within the solicitor-client privilege exception.

The Ombudsman reviewed a closed meeting held by council for the Township of the North Shore relying on the exception for advice subject to solicitor-client privilege. A third-party consultant, who also served as the township’s Integrity Commissioner, attended the meeting. The Ombudsman found that council was entitled to rely on the exception for advice subject to solicitor-client privilege despite the presence of the consultant, but noted that a lack of consensus as to the consultant’s role at the meeting contributed to the impression that the meeting was improperly closed. The Ombudsman suggested, as a best practice, that meeting documents more clearly identify the capacity in which attendees participate in meetings if those attendees hold multiple positions within the township.

The Ombudsman reviewed a closed meeting held by council for the Township of the North Shore relying on the exception for advice subject to solicitor-client privilege to discuss a draft by-law prepared by the township’s external solicitor. A third-party consultant, who also served as the township’s Integrity Commissioner, attended the meeting and provided comments on the draft by-law. The Ombudsman found that the presence of the consultant did not constitute a waiver of privilege and that the discussion fit within the exception for solicitor-client privilege.

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 decided by consensus to fill the vacancy by way of appointment and to direct the mayor to approach a specific individual to determine their interest in the position. Council did not formally vote on these matters. The Ombudsman found that the discussion about whether to proceed by way of appointment should not have been held in closed session, and consequently, this vote should have been in open session. The Ombudsman found that council’s decision to direct the mayor to approach a specific individual, was permissible under s.239(6) of the Municipal Act, 2001.

The Ombudsman reviewed a closed meeting held by council for the Township of the North Shore. The resolution to proceed into closed session listed “fighter’s honourarium” as the sole topic. Once in closed session, council also discussed a communications protocol between the fire department and staff. The Ombudsman noted that the municipality’s procedure by-law requires that only business dealing directly with the agenda be transacted at a closed meeting. The Ombudsman found that the resolution to proceed in camera should have included more information about the subject matter to be discussed during the closed session.

The Ombudsman reviewed a special meeting held by council for the Township of the North Shore. Notice of the meeting was posted on bulletin boards located within the municipality but not on the municipality’s website. The Ombudsman noted that the municipality’s procedure by-law was silent on public notice for special meetings. The Ombudsman found that the posted notice on the bulletin board was sufficient. However, the Ombudsman recommended that the township amend its procedure by-law to formalize its general practice of posting notice on the bulletin boards and online.

The Ombudsman reviewed a closed meeting held by council for the Township of The North Shore to discuss a communication protocol between municipal staff and the fire department. During the discussion, council considered the appointment of an individual firefighter as communications officer without council approval. The Ombudsman found that the information related to the employment duties of a firefighter and the reporting relationship amongst municipal staff. Accordingly, although not cited by the municipality, the discussion fit within labour relations exception.

The Ombudsman reviewed a closed meeting held by council for the Township of The North Shore to discuss payment of remuneration for volunteer firefighters and conditions of employment for firefighters. The discussion related to the relationship between the municipality and its firefighters. Although not cited by the municipality, the Ombudsman found that the discussion fit within the labour relations or employee negotiations exception.

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.

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 communications protocol between municipal staff and the fire department. The Ombudsman found that the discussion did not include any personal information. Accordingly, the discussion did not fit into the personal matters exception.

The Ombudsman reviewed a closed meeting held by council for the Township of The North Shore relying on the personal matters exception to discuss payment of remuneration for volunteer firefighters. During the closed session, council identified specific firefighters by name and discussed whether they had satisfied their employment conditions. The Ombudsman found that the discussion fit within the personal matters exception.

The Ombudsman reviewed a closed meeting held by council for the Township of The North Shore to discuss payment of remuneration for volunteer firefighters. During the closed session, council discussed legal advice previously obtained from the municipality’s solicitor. Accordingly, although not cited by the municipality, the Ombudsman found that the discussion fit within the solicitor-client advice exception.