Bonfield, Township of

The Ombudsman found that the Township failed to include information about topics discussed in the meeting minutes, including resolutions that were voted on but failed to pass. Minutes were limited to a list of resolutions passed by council. He recommended that, as a best practice, the Township improve its minute-taking practices. 
While minutes are not intended to be a verbatim transcript, they should record the substantive and procedural subjects discussed and include all resolutions considered, including those that do not pass. Minutes that do not reflect the entirety of issues and matters discussed, as well as the decisions made, during a meeting of council do not provide the accurate record required to protect the municipality, should the meeting be subject to an investigation or litigation. Incomplete minutes also leave municipal officials without a record to consult in future in order to understand how an issue was considered or a decision was reached.

The Ombudsman found that the Township of Bonfield violated the open meeting rules when it held meetings in May and June 2020 over Zoom, without broadcasting or otherwise making the meetings accessible to the public. The Ombudsman recognized that these were the first meetings held by the Township during the COVID-19 pandemic, but noted that the pandemic did not alter the open meeting requirements.

The Ombudsman reviewed two closed meetings held by the Public Works Committee of the Township of Bonfield. The committee did not report back following its closed sessions and told our Office that it generally did not observe the practice of reporting back. The Ombudsman noted that the committee’s current practice of not reporting back failed to provide the public with a general idea of the in camera discussion or any information about directions to staff made in closed session.

The Ombudsman reviewed two closed meetings held by the Public Works Committee of the Township of Bonfield. The Ombudsman found that the resolutions to enter closed session only included the exceptions that the committee relied upon to go in camera -- a practice which did not comply with the Act or the town’s procedure by-law. The Ombudsman recommended that the committee’s resolutions to move in camera provide greater information to the public on the general nature of the matter to be discussed.

The Ombudsman reviewed two closed meetings held by the Public Works Committee for the Township of Bonfield. The Ombudsman noted that the committee’s open session minutes only recorded the resolutions passed by the committee. The Ombudsman also found that the committee excluded the clerk during the closed session minutes and did not take any formal minutes for that portion of the meeting. The Ombudsman found that the municipality’s practices led to little substantive content of the committee’s discussion being recorded. The Ombudsman recommended that the municipality ensure that both open and closed session minutes are kept of all meetings of council, local boards, and committees. The Ombudsman also recommended that meeting records be complete and accurately reflect all of the substantive and procedural items that were discussed, and that meetings be audio and/or video recorded. Finally, the Ombudsman recommended that if the committee’s clerk delegates minute-taking responsibilities, and if the clerk is not attending the meeting, the delegation should be made formally in writing.

The Ombudsman reviewed a closed meeting held by the Public Works Committee for the Township of Bonfield. The meeting was closed under the personal matters and labour relations exceptions. During the meeting, the committee provided directions to staff. The committee did not hold a formal vote but rather came to an agreement by verbal consensus. The Ombudsman recommended that directions to staff be made using formal resolutions passed by a vote of the committee.

The Ombudsman reviewed a closed meeting held by the Public Works Committee for the Township of Bonfield that relied on the labour relations or employee negotiations exception to discuss employee performance matters in the municipality. During the discussion, the committee raised the issue of the performance of two identified employees. The Ombudsman found that the discussion fit within the cited exception.

The Ombudsman reviewed a closed meeting held by the Public Works Committee for the Township of Bonfield that relied on on the litigation or potential litigation exception to discuss the tender process for small equipment. During the discussion the committee considered various courses of action related to the municipality’s tender process in order to mitigate the potential for litigation from an identified source. The Ombudsman found that although there was no litigation ongoing at the time of the meeting, it was a reasonable prospect under consideration and not mere speculation. Therefore, the discussion fit within the litigation or potential litigation exception.

The Ombudsman reviewed a closed meeting held by the Public Works Committee for the Township of Bonfield to discuss the tender process for small equipment. The meeting was closed under the exception for matters permissible to be closed under another act. The municipality believed that the Municipal Conflict of Interest Act permitted the discussion to take place in closed session. The Ombudsman found that the Municipal Conflict of Interest Act does not contain provisions which permit tender discussions to occur in closed session. Therefore, the discussion did not fit within the exception for matters permissible to be closed under another act.

The Ombudsman reviewed a closed meeting held by the Personnel Committee for the Township of Bonfield that relied on the labour relations or employee negotiations exception to discuss specific municipal employees, their jobs and pay status. The Ombudsman found that the committee’s discussion fit within the cited exception.

The Ombudsman reviewed a closed meeting held by the Personnel Committee for the Township of Bonfield to discuss an ongoing hearing before the Ontario Labour Relations Board. The meeting was closed under the litigation or potential litigation exception. The committee received legal advice from the municipality’s solicitor regarding the hearing. The Ombudsman found that the discussion fit within the litigation or potential litigation exception because the committee was discussing ongoing litigation before a tribunal.