The Ombudsman found that the City Manager Recruitment Steering Committee for the City of Hamilton did not violate the Municipal Act, 2001 on February 9 and 23, 2019, when it met in camera under the personal matters exception to conduct interviews for the city manager position and to discuss the suitability of individual candidates for the position.
The Ombudsman reviewed a closed meeting held by the Economic Development Committee for the Township of McKellar to discuss the appointment of a member of the public to the committee. The meeting was closed citing the personal matters exception. The committee discussed the conduct of the member of the public. The committee also discussed the implications, both negative and positive, of accepting the application. The Ombudsman found that by discussing the individual’s conduct, the committee revealed inherently personal information about the individual.
The Ombudsman reviewed a closed meeting held by council for the Township of Russell to discuss a staff member who was a candidate for the position of deputy clerk. The meeting relied on the personal matters exception. When council resumed the open session, it appointed the individual to the position of deputy clerk. The Ombudsman found that the discussion fit within the personal matters exception since it identified the candidate by name and covered the individual’s employment history, job performance, and salary information.
The Ombudsman reviewed a closed meeting held by council for the Village of Burk’s falls to discuss an appointment to a shared social services board. Council decided to appoint a councillor from Armour Township to the position. The municipality discussed the appointment under the personal matters exception and considered the candidate’s résumé. In many instances, where a council is considering appointments, personal information about individual applicants is discussed. The discussion did not include personal information about the councillor since his qualifications were public knowledge. Therefore, the discussion did not fit within the personal matters exception.
The Ombudsman reviewed a closed meeting held by council for the Village of Burk’s falls to discuss an appointment to a shared social services board. Council decided to appoint a councillor from Armour Township to the position. The municipality discussed the appointment under the personal matters exception and considered the candidate’s résumé. In many instances, where a council is considering appointments, personal information about individual applicants is discussed. The discussion did not include personal information about the councillor since his qualifications were public knowledge. Therefore, the discussion did not fit within the personal matters exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg that relied on the personal matters exception to discuss the appointment of an individual as treasurer. The discussion involved a review of a résumé, employment history, and qualifications of an identifiable individual who was a candidate for the position. Councillors also expressed opinions about the individual’s suitability for the position. The Ombudsman found that the discussions were personal in nature and fit within the personal matters exception.
The Ombudsman reviewed a closed meeting held by the General Committee for the Town of Bracebridge that relied on the personal matters exception to discuss committee appointments. The committee reviewed applications, including resumes, for the committee positions. While information about an individual in their professional capacity will usually not be considered personal information, the Ombudsman noted that in this case the applications included personal information, beyond just the candidate’s work history and education. The General Committee members also provided their opinions on each applicant’s suitability for the positions while in camera. Accordingly, the discussion fit within the personal matters exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg that relied on the labour relations or employee negotiations exception to discuss the selection process for a new Chief Administrative Officer (CAO).Council discussed the résumé and qualifications of an identifiable individual who applied for the position, expressed opinions about the individual, and considered sending the candidate an offer of employment. The Ombudsman found that the labour relations or employee negotiations exception could apply to council’s discussion.
The Ombudsman reviewed a closed meeting held by council for the Township of Baldwin to discuss candidates for the job of municipal works foreman. Council discussed the applications, résumés, work histories, and the possibility of extending an offer to one of the candidates. Individual councillors expressed opinions on which candidate would be best suited for the job and on the candidates’ qualifications. Although the municipality did not rely upon it, the Ombudsman found that council’s discussion fit within the personal matters exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Hearst. The meeting relied on the personal matters exception to discuss applications for a vacant council seat. The discussion involved reviewing multiple candidates’ résumés, and their work and education history. The Ombudsman found that an individual’s employment and educational history is considered personal information. Therefore, the discussion fit within the personal matters exception.