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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.

The Ombudsman received a complaint regarding five closed meetings held by council for the Township of Tehkummah.

On March 14, 2017 council for the County of Norfolk went in closed session to receive a deputation from representatives of the Port Dover Community Health Centre Board and to receive legal advice pertaining to the deputation, citing the “personal matters” and “advice subject to solicitor-client privilege” exceptions. The Ombudsman received a complaint that this discussion did not fit within the cited exceptions. The Ombudsman found that the Board’s deputation did not qualify as personal information and that portion of the closed session meeting did not fit within the “personal matters” exception. The portions of the closed session discussion before and after the deputation fit within the “advice subject to solicitor-client privilege” exception.

The Ombudsman received a complaint that the General Government Committee for the Municipality of St.-Charles inappropriately met in camera on March 6, 2017, to discuss allegations regarding employee municipal credit card abuse. The Ombudsman determined that the committee’s discuss fit within the “litigation or potential litigation” and the “personal matters about an identifiable individual” closed meeting exceptions. The Ombudsman also recommended that the municipality update its procedure by-law to reflect the closed meeting provisions in the Municipal Act, 2001.

We received two complaints that council for the Town of Grimsby held meetings in its capacity as a shareholder of Niagara Power Inc. without providing notice to the public, contrary to the open meeting rules. The complaints alleged that, on November 11 and December 5, 2016, council failed to provide public notice of meetings and did not make meeting minutes available to the public. The Ombudsman found that Council for the Town of Grimsby contravened the Municipal Act and the municipality’s procedure by-law when it discussed council business in camera on November 11, 2016 without providing notice to the public. The town also violated the Act by failing to pass a resolution to close the meeting. Council for the Town of Grimsby did not contravene the Act when it met informally on December 5, 2016, as this was not a “meeting” for the purposes of the Act.

The Ombudsman received a complaint that council for the City of Timmins held an illegal meeting on March 30, 2015 when it met in closed session to discuss an open procurement project.

The Ombudsman received a complaint that council for the City of Niagara Falls discussed and voted on the sale of property in camera.