McMurrich/Monteith, Township of

The Ombudsman investigated closed meetings held by council for the Township of McMurrich/Monteith on September 5 and September 14, 2023. Council relied on the exception for advice subject to solicitor-client privilege to discuss a disposal of property at its closed meeting on September 5. The Ombudsman found that the first portion of the discussion fit within the exception, as council read and discussed written advice from its solicitor, but that the second portion did not fit because council was no longer discussing legal advice.

The Ombudsman investigated closed meetings held by council for the Township of McMurrich/Monteith on September 5 and September 14, 2023 to discuss a potential disposal of municipally owned property. The Ombudsman found that although the second portion of the closed meeting discussion on September 5 did not fit within the cited exception for advice subject to solicitor-client privilege, it did fit within the exception for acquisition or disposition of land, because council had a bargaining position to protect with respect to disposal of the property. The Ombudsman also found that the September 14 closed meeting discussion fit within the exception for acquisition or disposal of land as council was protecting its bargaining position with respect to a discussion of how to dispose of the property.

The Ombudsman investigated two closed meetings held by council for the Township of McMurrich/Monteith on June 8 and July 6, 2021. The Ombudsman found that council did not contravene the Municipal Act, 2001 when it held a closed meeting on June 8, 2021 since part of the discussion fit under the exception for solicitor-client privilege and the rest of the discussion fit under the exception for plans or instructions for negotiations. The Ombudsman found that the delegation to council during the closed meeting on July 6, 2021 did not fit under any closed meeting exceptions while council’s subsequent discussion fit under the exception for litigation or potential litigation. Accordingly, the Ombudsman found that council contravened the Municipal Act, 2001 because it would have been possible for council to parse the delegation portion of the meeting from its subsequent discussion.

The Ombudsman reviewed three closed meetings held by council for the Township of McMurrich-Monteith. The Ombudsman found that during one meeting, the resolution to proceed in camera did not indicate that the exception applied to the subject matters to be discussed in camera. The Ombudsman found that at another meeting, the resolution to move into closed session failed to provide information about the general nature of the subject matter to be discussed.

The Ombudsman reviewed several closed meetings held by council for the Township of McMurrich/Monteith. The Ombudsman found that the municipality violated its procedure by-law by extending a closed meeting past its 11 p.m. curfew. The Ombudsman recommended that the municipality update its procedure by-law to provide for public notice of all meetings, including special meetings.