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official duties

Municipality of West Nipissing - October 3, 2019

239(2)(b) Personal matters|identifiable individual|professional capacity|official duties|conduct|employee|performance

The Ombudsman reviewed an in camera session of a meeting of council for the Municipality of West Nipissing during which council was to discuss the relationship between staff and council. The discussion instead involved shouting, pointing and arguments between council members. The Ombudsman found discussions about relationships between staff and council, even if they had taken place, would not have fit within the personal matters exception. Information pertaining to the professional capacity of an individual is not personal in nature even if discussions of relationships involve sensitive information the municipality would prefer to not discuss publicly.

Read the Report

Municipality of West Nipissing - October 3, 2019

conduct|discipline|employee|official duties|performance

The Ombudsman reviewed an in camera session of a meeting of council for the Municipality of West Nipissing during which council was to discuss the relationship between staff and council. The discussion instead involved shouting, pointing and arguments between council members. The Ombudsman found an overall “clearing the air” tone of a meeting, the involvement of shouting, pointing and accusations, and the fact that council did not want to discuss the information publicly, was not sufficient to close the discussion under the personal matters exception.

Read the Report

Municipality of West Nipissing - October 3, 2019

239(3.1) Education or training|official duties|conduct|performance

The Ombudsman reviewed an in camera session of a meeting of council for the Municipality of West Nipissing, in which council intended to discuss the relationship between staff and council. The discussion, although intended to educate and train council members on their roles and responsibilities, did not actually involve any education or training. The discussion instead involved opinions regarding council’s divisions, members’ behaviour and interpersonal disputes. This discussion did not fit within the narrowly construed exception for education and training.

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Town of Fort Erie - May 9, 2013

239(2)(b) Personal matters|official duties|conduct|code of conduct|professional capacity

The Ombudsman reviewed a closed meeting held by council for the Town of Fort Erie that relied on the personal matters exception to discuss an alleged breach of the municipality’s code of conduct by the mayor. Council’s discussion related to public comments made by the mayor. The Ombudsman found that the mayor’s comments were made in the course of his official duties and in relation to municipal business. Council’s discussions did not pertain to the mayor in his personal capacity, but rather involved the mayor’s professional capacity. Therefore, the discussion did not fit within the personal matters exception. 

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The Ontario Ombudsman’s work takes place on traditional Indigenous territories across the province we now call Ontario, and we are thankful to be able to work and live on this land. 

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