Council for the Municipality of Arran-Elderslie relied on the exception for personal matters to hold a closed session discussion that could have included information about an identifiable individual who was previously employed by the municipality. However, the Ombudsman found that the “personal matters” exception did not apply because the discussion did not involve any personal information about any identifiable individuals.
Municipality of Arran-Elderslie, March 28, 2023
Read the ReportCouncil for the Municipality of Arran-Elderslie relied on the exception for personal matters to hold a closed session discussion about a vacant staff position. The discussion included information about the salary and general responsibilities of the role. The Ombudsman found that the discussion did not involve an identifiable individual, the position was vacant, and the discussion only pertained to the position itself. Accordingly, the “personal matters” exception did not apply.
Council for the Municipality of Arran-Elderslie held a closed session to discuss a pilot project with an upper-tier municipality. The Ombudsman found that the discussion fit within the exception for information supplied in confidence by a third party. The discussion involved financial and labour relations information supplied in confidence by the upper-tier municipality to the Municipality of Arran-Elderslie. The Ombudsman found that the information had been implicitly supplied in confidence and disclosure of the information could have significantly interfered with ongoing negotiations between the upper-tier municipality and other municipalities.
The Ombudsman found that council for the Municipality of Arran-Elderslie could not have parsed information about a vacant staff position from its closed session discussion. The information was necessary to assess the municipality’s participation in a pilot project in a meaningful way.