St. Catharines, City of

The Ombudsman reviewed a closed meeting held by council for the City of St. Catharines. The Ombudsman found that while council made an oral resolution to move into closed session, the open session minutes failed to record the resolution and the oral resolution did not include a general description of the matters to be discussed in camera or the exceptions that applied to the in camera discussions.

The Ombudsman reviewed a closed meeting that was held by council for the City of St. Catharines to discuss a proposed staff position, government relations adviser, under the labour relations or employee negotiations exception. Council’s discussion focused on the role and nature of the proposed staff position, including the position’s general responsibilities and duties, salary, and contract length. The Ombudsman found that the discussion did not fit within the labour relations or employee negotiations exception because the discussion did not pertain to the relationship between the municipality and its employees or reference specific individuals who might be hired.

The Ombudsman reviewed a closed meeting held by council for the City of St. Catharines to discuss a proposed staff position, government relations adviser. The meeting was closed under the negotiations exception. During the discussion, there were passing references to municipal projects involving the provincial government that could potentially become part of the new position’s portfolio of responsibilities. The Ombudsman found that the discussion did not fit within the negotiations exception because it focused on determining the role and nature of a new staff position, including employment details, rather than specifically formulating a detailed course of action with respect to current or future negotiations involving municipal-provincial projects. In addition, the discussion did not involve any information that could undermine the city’s bargaining position in future negotiations.

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission that relied on the exception for solicitor-client privilege to discuss ongoing airport fee negotiations and related airport upgrades. The Ombudsman found that the commission did not discuss any legal advice during the meeting. There was no solicitor or related communication. The Ombudsman noted that the fact that airport fees may be incorporated by a lawyer into a future contract does not mean the discussion was subject to solicitor-client privilege. Therefore, the commission’s discussion did not fit within the exception for solicitor-client privilege.

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission to discuss airport fees. The Ombudsman found that the commission failed in its resolution to proceed in camera to cite the exception it was relying upon. The resolution was also not read out loud and members of the commission did not have a draft resolution prior to voting to proceed in camera. Additionally, although the general nature of the matter to be discussed was provided orally at the meeting, the formal written resolution failed to include that information. The Ombudsman recommended reading out the formal resolution prior to proceeding into closed session and that the formal resolution include information about the intended in camera discussion.

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission to discuss airport fee negotiations and related airport upgrades. The Ombudsman found that the commission’s procedure by-law failed to reflect amendments to the open meeting exceptions in the Municipal Act, 2001 and included reasons for meeting in camera that are not consistent with the exceptions found in the Act. The Ombudsman recommended that the commission update its procedure by-law to accurately reflect the closed meeting exceptions found in the Municipal Act, 2001.

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission to discuss comments about the commission made by a local mayor. The meeting relied on the personal matters exception. During the discussion, the commission considered how to respond to the mayor’s official comments. The Ombudsman found that the discussion of the mayor’s professional relationship with the commission does not qualify as personal information. Therefore, the discussion did not fit within the personal matters exception.

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission that relied on the exception for solicitor-client privilege to discuss a request for proposals process. The Ombudsman found that the purpose of the meeting was not to discuss legal advice; rather, the commission discussed the status of draft lease agreements. The commission’s solicitor was not present during the meeting. The Ombudsman found that the discussion did not fit within the exception for solicitor-client privilege.

The Ombudsman reviewed two closed meetings held by the Niagara District Airport Commission. The commission conducted informal voting during both meetings. The Ombudsman found that even straw polls, or “shows of hands” constitute voting and must comply with the procedural requirements.