City of Hamilton

The Ombudsman reviewed a complaint about an interview panel convened by the Mayor of the City of Hamilton to advise her on the selection of a new City Manager. The complaint alleged the panel constituted a committee or local board that failed to comply with the open meeting requirements in the Municipal Act, 2001. The Ombudsman determined that:

• because of her “strong mayor” powers, the Mayor had the statutory authority to appoint a City Manager independently from council;

• the panel was not established by council, did not report to council, and did not exercise delegated authority from council; and

• the panel was not established by an Act and did not exercise any power under any Act.

Accordingly, the Ombudsman concluded that the panel was not a committee of council or a local board and its gatherings were not “meetings” for the purpose of the Act’s open meeting rules. The Ombudsman encouraged the City to provide public information to clarify the nature and role of any similar advisory bodies in the future to further increase the accountability and transparency of mayoral decisions.

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