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Lakeshore Advance, 2013-01-16, Page 8Wednesday, January 16, 2013 • Lakeshore Advance 7 Office of Ombudsman finds the Oversight Committee was a breach of the Municipal Act Lynda A.o� Lakeshore Advance In 2012 The Office of the Ontario Ombudsman investigated complaints from 1ambton Shores residents regard- ing eight different circumstances. 'They continue to investigate the November lath meeting that resulted in the dis- missal ()ICAO John Byrne. In a report to V council Monday, Carol McKenzie, municipal clerk mapped out the details of the Ombudsman findings. Municipalities are required to pass by-laws setting out the procedure for holding meetings, and the "Municipal Act" requires that all meetings he open to the public unless they meet the lim- ited exceptions. The exceptions are stated in Section 239(2) of the Munici- pal Act. Any person may request an investiga- tion into whether a municipality or local board has complied with the open meeting requirements or the procedural by-law relating to any meeting or part of a meeting that was closed to the public. All municipalities were required to appoint a "Closed Meeting Investigator" who would review inquiries pertaining to violations of the open meeting provi- sions, and the Municipality of l.ambton Shores appointed the Ontario Ombuds- nlan for this role. If a complaint is received by the Ombudsman, typically an "Early Resolution Officer" is appointed, who will contact the Clerk for the background information, which when provided, is reviewed to deter- mine if a full investigation is necessary. If a formal investigation is undertaken, the Clerk provides all the requested information, and once a decision is ren- dered by the Ombudsman's office, the municipality is required to report the decision in open Council. These requests take a significant amount of time to respond to, and in the past year, the Clerk has dealt with H issues that have been referred to the Ombudsman for investigation, which were: 1. 'I he July 6, 2011 preliminary discus- sion that was held with staff, consult- ants and several members of Council to ensure that the consultants were pre- pared to respond to the issues raised by residents regarding the GBS'I'P at the next Grand Bend Sewage Board Meet-- ing. The Ombudsman's office con- cluded that the open meeting require- ments of the Municipal Act were not violated. 2. Grand Bend Sewage Board Meet- ing November 8, 2011 and Lambton Shores' Council meeting November 21, 2011. The issue with the November 21, 2011 meeting was that there was no detailed notice in advance regarding the "in camera" portion of the November 21 meeting. The response from the 11n1buds- 5. Oversight Committee mail stated that 1t I5 not it A complaint was received statutory requirement for the that the Oversight Commit - details the "in camera" dis- tee may have held closed ('us5ion to he provided in meetings. information was advance to the public, requested on the mandate of although it is encouraged. the Committee, and details Also, it was suggested that on the meetings. The ruling Section 239(2)(f ) of the from the Closed Meeting Municipal Act (advice that is investigation, dated Decent - subject to solicitor client ber 21, 2012, is attached to privilege) be used as the this report, and notes that rationale for closing meet- the Oversight Committee ings when possible litigious failed to follow the open !natters art' discussed, as meeting re'quireme'nts of the opposed to 239(2)e) - litiga- Municipal Act and the con - tion or potential litigation. sultaut preparing the min - 3. Notice for the January utes from the July 6, 2012 30th meeting, and February meeting was a breach of sec - 2, 2012 meetings of Council. tion 14 of the Procedural by - The information on the law and the Municipal Act. municipal procedures and (NOTE: As a result of the those used to notify the pub- comments in the letter from lic of these meetings were the Closed Melting lnvesti- provided to the early resolu- gator, staff will be preparing tion officer. 'the decision was a report 00 recommended that these were not closed changes to the Committee meetings; therefore, it was procedures to ensure coin - not within the Ombudsman's pliancy with the Municipal jurisdiction to investigate Act and the Procedural 4. PVI3 Settlement discus- By-law) Mon-- the rationale for dos- 6. Community Information ing the meeting was 239(2) Meeting - October 4, 2012 - (e) of the Municipal Act -1iti- Information was requested gation or potential litigation. on the pre - consultation The Ombudsman's office's meeting held the 4th of Oc'to- analysis was that this section her with the area community accurately reflected the sub- groups to review the material stance of the (discussion on that would be presented at the matter, the (('toper I 1 Pi(: sleeting. North 1 ambton Secondary School (:rade 7 & 8 Parent Night Thursday, January 24, 201; at 6:00 p.m. For parents of students considering enrollment at N.l..S.S. for the school years 2013-2014 Oit 2014-2015. Learn about school programs, graduation requirements and tour the facility. Parents and students are welcome. Registration materials will he available for students who are not currently registered in a 1 ambton Kent District School Board elementary school. Any questions', please call 786-2166 The report from the closed sleeting notice and that no sleeting minutes investigator (Ombudsman) 00 this mat- were publicly available. Sin' also said ter is also Dart of the December 21, 21)12 there was 00 terms of reference for this letter, and concludes that the October 4 committee. In reviewing the bac k - meeting was not a "meeting of council" ground of this committee, the ( )mhuds- and therefore was not subject to the Iran found that there was no general open meeting requirements. 1)nblie' notice Of the meetings, meaning 7. Fire Hoard Meetings Information that not all the members of the public was requested on the lire Hoard's neem- could know they were taking place. A hership and mandate, and the by-law meeting without public notice is not establishing the Board. The Olnbuds- considered "open to the public" and man's office has advised there will not contravenes the Act. As these meetings be a review of this issue, as the meeting were not open to the public, the Com - dates are posted on the annual calendar mittee also breached the Act by failing on the website, and there was no e'vi- to pass a public resolution to proceed in deuce of a closed meeting of the lire c'amera.'Ihe Office of the Ombudstllan Board. also said the meetings did not qualify 8. November 13, 2012 - CA() matter for closed meeting consideration under discussed i11 Closed Session. Copies of any of the exceptions to the open meet - all ing requirements. "Finally," said l leggie minutes from c'lose'd and open sett- the record of the July 6, 2012 meeting skins dealing with this matter were was prepared by a consultant (rather requested. 'the office is still working on than a municipal employee) and no this file and a response has not yet been record of the August 28th 2012 sleeting received. was kept, contrary to the Procedural By - In their letter to council regarding the law and the Act. Oversight Committee, Yvonne Veggie, "We understand that, although ilot Early Resolution officer of the Open formally disbanded, the Oversight Com - Meeting Law Enforcement team said mince is no longer active. However the there was a complaint alleged that the municipality should be cautious in Municipality's Oversight Committee future to ensure that meetings of any was established to oversee and consider body that falls within the Municipal cost effective alternatives to the pro- Act's definition of a committee respects posed waste water treatment facility the requirements of the Act and the was holding meetings without public municipal Procedural By -Law. v,t, NEW OFFICE HOURS The New Office flours for The Lakeshore Advance will he as follows... Mondays - 8am - 4pm Tuesdays - CLOSED Wednesdays - 9am - 4pm Thursdays - 9 am - 4pm Fridays - 8am - 4pm 58 Ontario St. N., Grand Bend P11: 519-238-5383 FAX: 23H-5131 EMAIL: Iakcshore.advance(wsuninedia.ca