The Ombudsman reviewed a closed meeting held by council for the Municipality of Temagami to discuss a harassment complaint. The meeting was closed under the personal matters exception. During the meeting, council was informed that a harassment complaint was received and would be referred to an external investigator. No details about the nature of the complaint or the identity of the complainant was discussed. Some council members knew the identity of the complainant. The Ombudsman found that the information discussed did not include any personal information of identifiable individuals and it was not reasonable to expect that the individuals involved in the complaint would be identifiable if council’s discussion, in the manner it was conducted, had been held in public. Therefore, the discussion did not fit within the personal matters exception.
The Ombudsman reviewed a closed meeting held by council for the Municipality of Temagami to discuss the findings of an integrity commissioner investigation and harassment investigations. The Ombudsman found that the personal matters exception applied to part of the discussion because it included information related to the conduct of members of the public and municipal employees who were the subject of the investigation. This information was personal information. The part of the discussion that related to the conduct of council members in their professional capacity did not reveal anything inherently personal about them and did not fit within the personal matters exception.
The Ombudsman found that a closed meeting held by council for the Municipality of Temagami to discuss a harassment complaint did not fit within the personal matters exception. The Municipality’s Mayor commented that the Municipality’s harassment policies require that details about harassment complaints be kept confidential and that the open meeting rules are incompatible with the Municipality’s obligations under its policies. The Ombudsman noted that the open meeting exceptions are paramount to municipal by-laws and policies. The exceptions do not extend to sensitive information or to information that might lead the public to speculate about otherwise confidential information.
The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg to discuss details of complaints by named municipal staff against other staff members. The meeting relied on the personal matters exception. The complaints included allegations of harassment and health and safety concerns. The Ombudsman found that the information discussed went beyond the staff members’ professional duties and included personal concerns about their work environment. Therefore, the discussion fit within the personal matters exception.
The Ombudsman reviewed a closed meeting held by council for the United Townships of Head, Clara and Maria to discuss a harassment complaint filed by the clerk. The meeting was closed under the litigation or potential litigation exception. The Ombudsman found that the discussion fit within the litigation or potential litigation exception because council discussed whether to initiate legal proceedings related to the harassment complaint.