The Ombudsman found that council for the Township of McGarry formally passed resolutions in open session on September 1, 2023 relating to filling council vacancies, and the Township therefore did not contravene the Municipal Act, 2001.
Township of McGarry, November 12, 2024
Read the ReportThe Ombudsman found that the Township of McGarry provided adequate notice for an emergency meeting of council on September 1, 2023 regarding the resignation of the former mayor, in accordance with its procedure by-law.
The Ombudsman found that council for the Township of McGarry’s closed session discussion of the former mayor’s resignation, and discussions about specific potential appointees to fill the resulting vacancies on September 1, 2023, fit within the exception for personal matters. While the Ombudsman determined that the interspersed discussions about whether to fill the vacancies by appointment or through a by-election did not fit within any open meeting exceptions, parsing those parts of the meeting would have detracted from free, open, and uninterrupted discussion. Accordingly, council’s entire closed session discussion was permitted under the Municipal Act, 2001. The Ombudsman also noted that council may wish to consider how to structure similar conversations in the future to increase the openness and transparency of its decision-making.
The Ombudsman found that council for the Township of McGarry’s closed session discussion about the former mayor’s resignation on September 1, 2023, fit within the exceptions for personal matters and advice subject to solicitor-client privilege.