The Ombudsman found that the in camera discussion held by council-in-committee for Norfolk County on January 16, 2024 did not fall under the cited open meeting exception for personal matters, as the salary grids reviewed during the session were not personal information that identified any individuals. However, the discussion was permitted under the exception for labour relations, as it related to a staff reorganization plan.
Council for the City of Elliot Lake relied on the “personal matters” exception to discuss the municipality’s organizational structure in closed session. The discussion took place in two parts. During the first part, council reviewed an organizational chart which included the names and roles of employees. During the second part, council discussed potential reorganization and received information about identifiable employees, including about leaves of absence, performance, and working relationships. The Ombudsman found that the first part of the discussion did not fit within the “personal matters” exception because it did not include personal information about identifiable individuals. The Ombudsman found that the second part of the discussion fit within the exception.
Council for the City of Elliot Lake held a closed session discussion about the municipality’s organizational structure and potential reorganization. The closed session discussion took place in two parts. The Ombudsman found that the first part of the discussion, involving the municipality’s organizational chart, could have been parsed from the second part of the discussion about reorganization, and should have been held in open session.
Council for the Town of Deep River relied on the exception for personal matters about an identifiable individual to hold a closed session discussion about the Town’s organizational structure. The discussion included information about a change in position for two identifiable employees. Council discussed changes in the employees’ salaries and general responsibilities, as well as the impact of the changes on the Town’s organizational structure. The Ombudsman found that this information qualified as personal information. Accordingly, the discussion fit within the exception for personal matters about an identifiable individual.
The Ombudsman found that council for the Township of Nipissing did not contravene the Municipal Act, 2001 during in camera meetings on February 17, March 9, April 6, and May 18, 2021. The Ombudsman found that these in camera discussions were permissible under the Act’s closed meeting exception for personal matters about an identifiable individual.
The Ombudsman reviewed a closed meeting held by council for the Norfolk County to discuss reducing service levels in the municipality by eliminating staff positions and consolidating municipal facilities under the “labour relations” exception. The Ombudsman found generally discussions about organizational reviews do not fit within this exception. However, in this case, the committee’s discussions referenced identifiable employees and their roles. The discussion fit within the “labour relations” exception.
The Ombudsman reviewed closed meetings held by council for the Town of Petrolia under the labour relations or employee negotiations exception. The Ombudsman found that the municipality was permitted to discuss a proposal respecting its community centre in camera because all employees of the centre were to be terminated as part of the proposal. Generally, the labour relations exception does not apply to discussions relating to an organizational review or restructuring by a municipality. However, the exception may apply to a discussion relating to reorganization as it affects individuals and their roles. While no individual employees were identified during the meeting by name or position, the portion of discussion about employees applied to every employee of the community centre.
The Ombudsman reviewed a closed meeting held by council for the Town of Georgina to discuss an organizational review of certain departments within the municipality’s administration as part of a larger service delivery review. The meeting was closed using the personal matters exception. While in camera, council discussed the performance of particular employees in relation to the restructuring options contained in a staff report. The Ombudsman found that the discussion fit within the personal matters exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Georgina to discuss an organizational review of certain departments within the municipality’s administration as part of a larger service delivery review. While in camera, council discussed the performance of particular employees in relation to the restructuring options contained in a staff report. While not cited by the municipality, the Ombudsman found that the discussion fit within the labour relations exception.
The Ombudsman reviewed a closed meeting held by council for the City of Sault Ste. Marie to discuss a proposed plan to realign fire services and EMS. The meeting was closed under the labour relations and employee negotiations exception. During the closed session, the fire chief gave a presentation to council that covered the effects of the realignment on the local union, and a number of other repercussions. The Ombudsman found that the portion of council’s discussion about the local firefighters’ union fit within the labour relations or employee negotiations exception. The Ombudsman found that other topics covered in the presentation, such as risk management, effects on service levels, and financial savings generally do not fit within the labour relations or employee negotiations exception. However, the Ombudsman found that those topics were not discrete and were included to inform council’s discussion about labour relations, and were not required to be parsed from the discussion. Therefore, council’s discussion fit within the labour relations or employee negotiations exception.
The Ombudsman reviewed a closed meeting held by council for the City of Sault Ste. Marie to discuss a proposed plan to realign fire services and EMS. The meeting was closed under the labour relations or employee negotiations exception. During the closed session, the fire chief gave a presentation to council that covered the effect of the realignment on the local union, as well as a number of other repercussions. The Ombudsman found that the portion of council’s discussion about the local firefighters’ union fit within the labour relations or employee negotiations exception. The Ombudsman found that other topics covered in the presentation, such as risk management, effect on service levels, and financial savings generally do not fit within the labour relations or employee negotiations exception. However, the Ombudsman found that those topics were not discrete and were included to inform council’s discussion about labour relations and were not required to be parsed from the discussion. Therefore, council’s discussion fit within the labour relations or employee negotiations exception.
The Ombudsman reviewed a closed meeting held by council for the Village of Casselman to discuss a municipal organizational chart, individual staff positions, and staff restructuring. The meeting was closed under the personal matters exception. The Ombudsman found that the discussion about salary ranges for management positions on its own did not fit within the exception; however, in this case the discussion of salary ranges was related to the broader discussion of individual staff positions. Therefore, the discussion fit within the personal matters exception.
The Ombudsman reviewed a joint closed meeting held by council for the Village of Burk’s Falls and council for Armour Township to discuss possible amalgamation of the two municipalities. While not cited by either municipality, the Ombudsman found that a portion of the discussion fit within the labour relations or employee negotiation exception because the councils were discussing position changes for identified employees.
The Ombudsman reviewed a joint closed meeting held by council for the Village of Burk’s Falls and council for Armour Township to discuss possible amalgamation of the two municipalities. While not cited by either municipality, the Ombudsman found that a portion of the discussion fit within the labour relations or employee negotiation exception because the councils were discussing position changes for identified employees.
The Ombudsman reviewed a closed meeting held by council for the Municipality of South Huron that relied on the personal matters exception to discuss a number of staffing issues. The discussion included issues of staff performance reviews, reorganization, staff conduct, discipline, and the salaries of specific employees. The Ombudsman found that these matters are considered personal information for the purposes of the Municipal Act, 2001 and therefore they fit within the personal matters exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Whitestone to discuss an organizational review. The closed meeting relied on the personal matters exception. Council’s discussion included specific information about the performance of identifiable individual employees and the retirement of two employees. The Ombudsman found that council’s discussion fit within the personal matters exception because it related to the performance of identifiable individual employees.
The Ombudsman reviewed a closed meeting held by council for the City of Welland that relied on the labour relations or employee negotiations exception to discuss a shared services proposal with the public library. Council discussed staffing changes, workload, and the roles of particular employees. The labour relations or employee negotiations exception refers to the collective relationship between an employer and its employees. The Ombudsman found that council’s discussion fit within the labour relations or employee negotiations exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Whitestone to discuss an organizational review. Council’s discussion included specific information about the performance of identified staff members and the retirement of two staff members. While not relied upon by the municipality, the Ombudsman found that council’s discussion about the performance of identified employees fit within the labour relations or employee negotiations exception.
The Ombudsman reviewed a closed meeting held in an emergency session by council for the Town of Amherstburg to discuss staff retention and reorganization. The meeting was closed under the labour relations or employee negotiations exception. Council’s discussion included the effect of staff retention and reorganization on individual staff members and their roles. The Ombudsman found that council’s discussion fit within the labour relations or employee negotiations exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg to discuss an organizational review of the municipality’s staff. The meeting was closed under the labour relations and employee negotiations exception. During the closed session meeting, a consultant presented a report to council on the roles and responsibilities of staff members and information on how the findings would affect both unionized and non-unionized staff. The Ombudsman found that council’s discussion fit within the cited exception. General discussions regarding a municipal organization chart and various staff positions would not fit within the labour relations and employee negotiations exception. However, the Ombudsman found in this case that the information was for background and context for the labour relations discussions.