André Marin

The Ombudsman investigated complaints regarding several closed meetings held by the Town of Midland between December 2011 and March 2012.

The investigation found that the town council contravened the open meeting requirements of the Municipal Act by improperly using the 'education or training' and 'identifiable individual' exceptions to discuss matters that should have been public.

The Ombudsman also found that council routinely engaged in improper voting during closed sessions and had inadequate record-keeping practices.

The Ombudsman made several recommendations to improve the town's closed meeting practices and ensure compliance with the Act.

The Ombudsman investigated a complaint that the Council for the United Townships of Head, Clara and Maria held improper closed sessions on October 21 and November 4, 2011.

The closed sessions involved discussions of harassment complaints made by the municipal clerk and a code of conduct complaint against a councillor.

The Ombudsman found that the discussions fit within the exceptions for 'personal matters about an identifiable individual' and 'litigation or potential litigation' under the Municipal Act, 2001.

The Ombudsman concluded that the council did not contravene the Act but provided best practice recommendations to improve transparency.

The Ombudsman investigated complaints that the City of London's Committee of the Whole improperly held a closed meeting to discuss the 'Occupy London' protest.

The investigation found that the committee went in camera to receive legal advice and discuss potential litigation regarding the protest encampment.

The Ombudsman concluded that the closed session and the voting that took place during it were permitted under the exceptions in the Municipal Act for solicitor-client privilege and potential litigation.

The Ontario Ombudsman investigated a complaint that members of the City of Hamilton's NHL Proposal Sub-Committee held an improperly closed breakfast meeting with third parties.

The Ombudsman found that while municipal business was generally discussed, the gathering was primarily social and did not involve material sub-committee business or lay the groundwork for future decision-making.

Therefore, it was not a 'meeting' subject to the open meeting requirements of the Municipal Act, 2001.

The Ombudsman investigated complaints that the Town of Amherstburg Council held multiple closed meetings in contravention of the Municipal Act.

The investigation confirmed that the council repeatedly contravened the Act and its own procedure by-law by discussing issues in closed session that were not permitted under the statutory exceptions, including the 'education or training' and 'matter under another Act' exceptions.

The council also routinely engaged in improper voting behind closed doors and failed to provide adequate public notice of the subjects to be considered in camera.

The Ombudsman made several recommendations to improve the town's closed meeting practices.