The Ombudsman investigated a closed session held by the committee of the whole for the Township of Johnson. The committee used the personal matters exception to go into closed session. The Ombudsman found that the discussion was about individual candidates’ employment history and qualifications to fill a council vacancy. The Ombudsman found that the discussion fit within the personal matters exception.
Township of Johnson, January 13, 2021
Read the ReportThe Ombudsman received a complaint that the Township of Johnson failed to provide public notice of its October 29, 2019, special council meeting. The Township’s procedure by-law requires at least 24 hours’ notice of special council meetings. The Ombudsman determined that the Township posted the special meeting agenda on its website four days prior to the special council meeting. The Ombudsman found that the Township complied with the notice requirements in its procedure by-law.
The Ombudsman investigated a closed session held by the committee of the whole for the Township of Johnson. The committee discussed appointing an individual to fill a council vacancy. During the closed session, the committee discussed the employment history and qualifications of the individuals interested in filling the vacancy. The Ombudsman found that this discussion fit within the personal matters exception. However, the committee voted in closed session to recommend a candidate to fill the council vacancy, contrary to the open meeting rules set out in the Municipal Act, 2001.
The Ombudsman investigated a special council meeting wherein the committee of the whole for the Township of Johnson met in closed session to discuss appointing an individual to a vacant council position. The Ombudsman found that the committee came to a consensus by show of hands to recommend a candidate for the council vacancy. Accordingly, the Ombudsman found that the committee voted in closed session. The Ombudsman found that the vote did not concern a procedural matter or direction to staff and was therefore contrary to the Municipal Act, 2001.
The Ombudsman investigated a special council meeting wherein the committee of the whole for the Township of Johnson met in closed session. The Ombudsman found that the meeting minutes did not include a full description of the subjects discussed in open or closed session. The Ombudsman recommended that the Township improve its record keeping practices by ensuring that the minutes reflect all substantive and procedural items discussed.