OMBUD 2008

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.