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  5. Markstay-Warren, Municipality of

Markstay-Warren, Municipality of

Municipality of Markstay-Warren, December 10, 2024

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Resolution
resolution (general description)
resolution (none)

The Ombudsman investigated closed meetings held by council for the Municipality of Markstay-Warren on November 20 and December 11, 2023. At both meetings, council failed to state by resolution the general nature of the matters to be discussed, contrary to section 239(4)(a) of the Municipal Act, 2001.

239(2)(b) Personal matters
personal information

The Ombudsman investigated closed meetings held by council for the Municipality of Markstay-Warren on November 20 and December 11, 2023. At its meeting on November 20, 2023, council discussed a recent banquet for volunteer firefighters. At its meeting on December 11, 2023, council discussed a proposal to sell two fire trucks, a proposal to consolidate the Municipality’s fire and public works departments, and a recently completed integrity commissioner report. The Ombudsman determined that the discussions fit within the exception for personal matters about an identifiable individual because each was anchored either by personal information or scrutiny of identifiable individuals.

Parse discussion

The Ombudsman investigated a closed meeting held by council for the Municipality of Markstay-Warren on December 11, 2023. The Ombudsman determined it was unreasonable for council to parse its examination of a proposal to sell two fire trucks and a proposal to consolidate the Municipality’s fire and public works departments from the rest of the closed session discussion, which fit within the exception for personal matters about an identifiable individual.

239(2)(j) Information belonging to the municipality
information already public prior to meeting
monetary value/potential monetary value

The Ombudsman investigated a closed meeting held by council for the Municipality of Markstay-Warren on December 11, 2023. Council cited the exception for information belonging to the municipality to discuss a plan to consolidate the Municipality’s fire and public works departments. The Ombudsman determined that this discussion did not fit within the exception as the information discussed was already publicly available, and therefore did not have monetary or potential monetary value that needed to be protected.

239(3)(b) Ongoing investigations by an ombudsman or appointed investigator
integrity commissioner

The Ombudsman investigated a closed meeting held by council for the Municipality of Markstay-Warren on December 11, 2023. Council cited the exception for ongoing investigations by an ombudsman or appointed investigator to discuss a report by the Municipality’s integrity commissioner. The Ombudsman determined the discussion did not fit within this exception because this exception refers to investigations conducted by the Ontario Ombudsman, a municipal ombudsman, or an appointed closed meeting investigator, and because the exception applies to ongoing, rather than completed, investigations.

Municipality of Markstay-Warren, December 19, 2013

Read the Letter
239(2)(c) Acquisition or disposition of land
land transaction (speculative)

The Ombudsman reviewed a closed meeting held by council for the Municipality of Markstay-Warren to discuss a proposed land acquisition for a new municipal garage. The meeting was closed using the acquisition or disposition of land exception. Council’s discussion focused on identifying an acceptable purchase price. The Ombudsman found that council’s discussion fit within the acquisition or disposition of land exception.

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The Ontario Ombudsman’s work takes place on traditional Indigenous territories across the province we now call Ontario, and we are thankful to be able to work and live on this land. 

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