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We received complaints that the Town of Petrolia held meetings that did not comply with the open meeting rules when it discussed a proposal by the YMCA in camera on September 11 and October 25, 2017, and when it discussed an individual in closed session on November 14, 2017. The Ombudsman found that a presentation given by the YMCA to council on September 11, 2017 did not fit in any of the exceptions to the Act. He found that a discussion that followed the presentation fit in the exception for labour relations or employee negotiations. The Ombudsman found that the discussion on October 25, 2017 also fit within the exception for labour relations, and that the discussion on November 14, 2017 fit within the exception for personal matters about an identifiable individual.

The City of Hamilton’s Waste Management Advisory Committee is a committee of council subject to the Municipal Act’s open meeting requirements. The Ombudsman found that the committee contravened the Municipal Act on September 27, 2017 and January 31, 2018, when it held meetings without providing notice to the public.

The Ombudsman received a complaint that council for the Town of Deep River inappropriately met in closed session on March 21, 2018, to discuss a development proposal and various fire service issues.

The Ombudsman received a complaint that council for the Township of Tehkummah did not provide proper notice to the public for a special closed council meeting held on December 22, 2017. The Ombudsman found that the township’s discussion fit within the cited “personal matters” exception, as well as the “labor relations” exception.  However, the Ombudsman found that the township contravened the Act and the township’s procedure by-law by failing to provide proper public notice. The Ombudsman also found a number of issues with council’s procedures, and identified best practices and procedural steps to improve the township's meeting practices. 

We received complaints that a closed meeting held by council for the Town of Pelham on September 5, 2017 about town finances did not comply with the open meeting rules in the Municipal Act, 2001. We also received a complaint alleging that following the September 5, 2017 council meeting, members of council held a gathering at a local establishment that constituted an illegal meeting. The Ombudsman found that the matters discussed in camera on September 5 fit within the exceptions for labour relations and solicitor-client privilege. He also found that the informal gathering was not a meeting subject to the open meeting rules, as council members did not discuss council business.

The Ombudsman received a complaint that council for the Town of Fort Erie inappropriately met in camera on December 4, and December 6, 2017 under the “acquisition or disposition of land” exception to the Municipal Act’s open meeting rules. The December 4 and December 6 special closed meetings were to discuss a potential partnership with a post-secondary institution. The Ombudsman found that council’s discussions did not fit within the Act’s “acquisition or disposition of land” exception because council was in the early stages of deciding whether to proceed with the partnership, had not turned its mind to a specific property to purchase or lease, and was not acting with a view to protecting its bargaining position in property negotiations.

The Ombudsman received a complaint that council for the Township of North Huron inappropriately met in closed session on December 11, 2017, to discuss fire personnel issues.  

We received a complaint that council for the Township of Lanark Highlands inappropriately met in camera on July 17, 2017 under the “advice subject to solicitor client privilege” and “personal matters” exceptions to the open meeting rules. The Ombudsman found that council discussed a number of items while in camera that were not included in the closed meeting agenda. Two of the topics of discussion, financial software and council’s interaction and communication structure with staff, did not fit within the closed meeting exceptions.

The Ombudsman received a complaint that the City of Cornwall inappropriately met with council for the Township of South Glengarry in closed session on September 19, 2017, to discuss the Cornwall Regional Airport. The complainant alleged that council for the City of Cornwall discussed matters and provided directions to staff that did not fit within the cited “personal matters” closed meeting exception in the Municipal Act, 2001. The Ombudsman found that council’s discussion fit within the cited exception to the Municipal Act’s open meeting requirements, although the resolution to proceed in camera did not state the general nature of the matter to be considered.

We received a complaint that council for the Township of Russell held a meeting that did not comply with the open meeting rules when the public entrance to Town Hall was locked during a portion of a council meeting on July 31, 2017. Although the meeting was intended to be open to the public, a locked exterior public door prevented members of the public from accessing council chambers for the first half of the meeting. As a result, the meeting was closed to the public and the public’s right to observe municipal government in process was frustrated, contrary to the open meeting rules.

We received a complaint that the City of Welland held an improper vote during a closed session on September 19, 2017, to appoint a new member of council. The Ombudsman found that council for the City of Welland had contravened the Municipal Act, 2001, and the city’s procedure by-law when it discussed voting procedure in closed session under the “personal matters exception”. In addition, the Ombudsman found that council for the City of Welland contravened the Municipal Act and the City’s procedure by-law when it voted in closed session by secret ballot to select a candidate to appoint to the vacant council seat.

The Ombudsman received a complaint that council for the Town of Georgina inappropriately met in camera to discuss an organizational review of certain departments within the town administration as part of a larger service delivery review.

The Ombudsman received a complaint regarding the general meeting practices of the Town of Kirkland Lake’s Recreation Committee. The complaint alleged that the Recreation Committee held closed meetings by not providing proper notice to the public in contravention of the Municipal Act. The Ombudsman determined that the Recreation Committee was a committee of council, and therefore subject to the Act’s open meeting requirements.  The Ombudsman found that the Recreation Committee’s meeting practices contravened these requirements.

On March 14, 2017 the Policy Review Committee for the Town of Carleton place met in closed session to discuss a public statement made by the Mayor, citing the “litigation or potential litigation” exception. The Ombudsman received a complaint that this discussion did not fit within the cited exception. The Ombudsman found that there was not a reasonable prospect of litigation at the time of the closed meeting and the discussion did not fit within the “litigation or potential litigation” exception.

The Ombudsman received a complaint alleging that council for the Town of Deep River inappropriately met in camera on May 17 and 18, 2017 to discuss a police service consultation plan. The complainant also alleged that a police service consultation “working group” formed during the May 18 closed meeting should have been classified as a committee of council subject to the Municipal Act’s open meeting requirements. The Ombudsman found that council for the Town of Deep River contravened the Municipal Act when it went in camera to discuss and vote on matters related to the police service consultation plan. The Ombudsman also found that the police service consultation “working group” was not a committee of council and therefore not subject to the open meeting requirements of the Municipal Act.

We received a complaint that the City of Hamilton’s General Issues Committee discussed funding for certain transit routes known as “school bus extras” during a closed session on either March 23 or 24, 2017, contrary to the open meeting rules. The Ombudsman found that the committee technically contravened the open meeting rules when the bus routes issue was raised briefly during a closed meeting on March 24, 2017. Once the committee determined that the issue did not fit within any of the exceptions to the open meeting rules, it ended the discussion. The Ombudsman commended city staff and council members for being mindful of the open meeting rules during the meeting, but recommend the city exercise greater caution when adding items to a closed session agenda in the future, and that the city begin audio or video recording all closed meetings.

The Ombudsman received a complaint that council for the Township of Leeds and the Thousand Islands discussed reassignment of the Chief Administrative Officer’s duties during a closed meeting held on April 18, 2016.

Investigation into a complaint about the Elliot Lake Residential Development Commission.

The Ombudsman received a complaint that members of council for the Municipality of Brighton discussed council business by phone in advance of a special meeting of council on March 15, 2017. The Ombudsman determined that the Mayor called four councillors in a series of phone calls to discuss an opportunity to sell land in the municipality’s industrial park. During the phone calls, members of council discussed specific terms of a proposal that was ultimately sent to a party interested in purchasing the property. The Ombudsman found that the phone calls contravened the Municipal Act.

The Ombudsman received two complaints that council for the City of Elliot Lake inappropriately met in camera to discuss a motion to rescind a previous resolution regarding the recruitment of a CAO.