André Marin

The Ombudsman investigated complaints that the City of Greater Sudbury improperly held closed meetings to discuss a peer review of the Auditor General's office.

The Ombudsman found that the discussions involved the Auditor General's personal performance and conduct, thus falling within the 'personal matters about an identifiable individual' exception under the Municipal Act.

However, the Ombudsman strongly criticized council members for their lack of co-operation with the investigation, noting that only four of fourteen individuals agreed to be interviewed without the presence of the city solicitor.

The Ombudsman of Ontario investigated complaints alleging that six members of the City of London council held an improper closed meeting during a lunch gathering at a local restaurant prior to a budget vote.

The Ombudsman determined that while the gathering raised public perception concerns, it did not constitute a 'meeting' under the Municipal Act because the councillors did not exercise collective legal authority or lay the groundwork for future decision-making.

The Ombudsman concluded that the open meeting requirements were not contravened but urged council members to adopt practices that instill public confidence.

The Ombudsman investigated complaints that the Town of Amherstburg held improper closed meetings on January 9 and February 13, 2012.

The Ombudsman found that both in camera sessions were permitted under the Municipal Act's exception for advice subject to solicitor-client privilege.

The January 9 meeting involved legal advice regarding a previous Ombudsman report, while the February 13 meeting involved urgent legal advice concerning a park maintenance agreement.

The Ombudsman concluded the town did not contravene open meeting requirements and commended the town for implementing procedural improvements.

The Ombudsman investigated complaints regarding three closed meetings held by the Council for the Township of Adelaide Metcalfe in July and August 2012.

The investigation found that the Township violated the open meeting requirements of the Municipal Act during all three meetings.

Specifically, the July 25 meeting improperly included third parties during a discussion of legal advice, waiving solicitor-client privilege.

The August 1 meeting was held without public notice.

The August 13 meeting included an unplanned closed session that went beyond the permitted exception for personal matters.

The Ombudsman made several recommendations to improve the Township's closed meeting practices, including audio/video recording of in camera meetings.

The Ombudsman of Ontario investigated complaints that the Town of Mattawa's Ad Hoc Heritage Committee and Council held improperly closed meetings regarding the potential heritage designation of an old hospital and other matters.

The Ombudsman found that the Ad Hoc Heritage Committee held a series of improperly closed meetings in contravention of the Municipal Act, 2001, failing to provide public notice or keep records.

The Ombudsman also found that Council held an improper closed meeting at a local museum.

While closed sessions held by Council on January 25 and February 8, 2010, to discuss personal matters about identifiable individuals were permitted under the Act, the Ombudsman noted procedural deficiencies, including inadequate resolutions and record-keeping.

The Ombudsman made several recommendations to improve the Town's meeting practices and update its procedure by-law.

The Ombudsman investigated complaints that the Town of South Bruce Peninsula Council improperly held closed meetings.

The investigation found no evidence of improper meetings prior to the June 23, 2009 council meeting or at informal gatherings at a local coffee shop.

However, the Ombudsman determined that council improperly added items to closed meeting agendas without prior notice or urgency, failed to properly identify topics in resolutions authorizing closed sessions, and improperly voted in closed session to remove the mayor from a negotiating team, in violation of the Municipal Act, 2001.

The Ombudsman made several recommendations to improve the town's meeting procedures and compliance with open meeting laws.

The Ombudsman of Ontario investigated a complaint regarding a closed meeting held by the Township of Baldwin council on July 14, 2008.

The investigation revealed that the council contravened the open meeting requirements of the Municipal Act, 2001 by failing to provide advance public notice of the issues to be discussed, passing an inadequate resolution to go in camera, and improperly discussing and voting on a gravel tender during the closed session.

The Ombudsman recommended several amendments to the township's procedure by-law and meeting practices to ensure compliance with the Act, which the township promptly agreed to implement.

The Ombudsman investigated a complaint regarding a closed session held by a municipal council to discuss a 'property matter' related to a residential development proposal.

The Ombudsman found that while discussing a potential land purchase in closed session is permitted under the Municipal Act, 2001, the council's resolution authorizing the session was overly vague.

Furthermore, the council improperly discussed other matters, including conditions for the development proposal, which do not fall under any statutory exception for closed meetings.

The Ombudsman made several recommendations to improve the municipality's compliance with open meeting requirements.

The Ombudsman investigated a complaint regarding a special meeting held by the council of the Township of Nipissing on April 25, 2008.

The meeting was conducted via sequential telephone calls to approve an invoice for a new fire truck.

The Ombudsman found that the telephone calls constituted a meeting under the Municipal Act, 2001, and that the council failed to provide public notice or open the meeting to the public.

The Ombudsman concluded that the meeting was improperly closed and recommended that the council cease conducting telephone meetings that exclude the public.

The Ombudsman of Ontario investigated a complaint regarding a closed-door gathering of 10 Greater Sudbury city councillors.

The councillors met informally in a lounge to discuss the logistics of returning priority Elton John concert tickets following public backlash.

The Ombudsman determined that while the gathering involved a quorum of councillors, it did not constitute a 'meeting' under section 239 of the Municipal Act, 2001, because the councillors were engaged in administrative logistics rather than exercising the policy-making power or authority of the council.

However, the Ombudsman cautioned that such closed-door discussions regarding matters of public controversy are highly dangerous to public trust.

The Ombudsman of Ontario investigated a complaint regarding a closed meeting held by the council of the Township of Emo on April 8, 2008.

The investigation found that the council violated the Municipal Act, 2001 by discussing the potential purchase of land and the preparation of meeting minutes in closed session without a proper authorizing resolution.

The council also failed to accurately record the proceedings in its minutes and improperly attempted to retroactively amend the minutes in a subsequent closed meeting.

The Ombudsman recommended that the council cease its practice of discussing unauthorized subjects in closed session and amend its procedure by-law to ensure compliance with open meeting requirements.

The Ombudsman also strongly urged the council to revoke a retaliatory resolution imposing a $500 fee for complaints to the Ombudsman.

The Ombudsman investigated complaints regarding a closed meeting held by the Fort Erie Town Council for the purpose of education and training.

The complainants alleged that the meeting lacked sufficient public detail and may have involved the discussion of town business.

The Ombudsman found that the council did not violate the open meeting requirements of the Municipal Act, 2001, as the session focused on team-building and communication skills, falling within the education and training exception.

However, the Ombudsman recommended that the council provide more detailed public notice for future closed sessions to enhance transparency.