The Ombudsman reviewed closed meetings held by council for the Town of Petrolia under the solicitor-client privilege exception. The municipality had received legal advice about a third party proposal respecting operation of the municipality’s community recreation centre. However, during the meeting, the legal advice was not discussed. The discussion did not fit in the exception.
Town of Petrolia, May 22, 2018
Read the ReportThe Ombudsman reviewed closed meetings held by council for the Town of Petrolia. The Ombudsman found that the municipality was permitted to discuss unproven allegations regarding the conduct of a member of council in camera pursuant to the exception for personal matters about an identifiable individual.
The Ombudsman reviewed closed meetings held by council for the Town of Petrolia under the labour relations or employee negotiations exception. The Ombudsman found that the municipality was not permitted to receive a presentation about a proposal respecting its community centre in camera simply because the topic might lead to speculation about the impact of the proposal on existing employees. Neither labour-related information nor employees were discussed during the presentation. The exceptions do not extend to discussions about sensitive information, or to information that might lead the public to speculate about otherwise confidential information.
The Ombudsman reviewed closed meetings held by council for the Town of Petrolia under the labour relations or employee negotiations exception. The Ombudsman found that the municipality was permitted to discuss a proposal respecting its community centre in camera because all employees of the centre were to be terminated as part of the proposal. Generally, the labour relations exception does not apply to discussions relating to an organizational review or restructuring by a municipality. However, the exception may apply to a discussion relating to reorganization as it affects individuals and their roles. While no individual employees were identified during the meeting by name or position, the portion of discussion about employees applied to every employee of the community centre.
In anticipation of council considering appointing a closed meeting investigator, the Town of Petrolia added a $250 complaint fee to its fees by-law. The open meeting law enforcement scheme is premised on a willing public coming forward to assist in ensuring that transparency is maintained at the municipal level. Charging a fee for complaining is entirely inconsistent with the primary intent of the open meeting provisions to foster democratic legitimacy at the local level. The Ombudsman encouraged the municipality to continue to permit members of the public to complain about alleged improperly closed meetings without charging a complaint fee.
The Ombudsman reviewed closed meetings held by council for the Town of Petrolia. The municipality passed resolutions to close three meetings, each one referring only to the exception relied on and an internal file number. The municipality’s resolutions failed to provide meaningful information to the public about the matters to be discussed in camera.