Commentary by Linda Saxon
In an October 31 post, Pettiness Prevails At Amherstburg Town Hall, I mentioned that Tammy Fowkes, Amherstburg Deputy Clerk, returned my FOI request, stating, “Unfortunately we cannot process your request until we have received the appropriate documentation. I have included the official form in your return package. I have also enclosed your $5.00 cheque to be returned with the official form.”
I also quoted sections from the MFIPPA (Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56) that set out what a requester shall do when making a request.
The only stipulation is that a request be made in writing; nowhere does it specify that the town’s request form is the only ‘appropriate’ document.
Accordingly, I appealed the decision on the grounds of ‘deemed refusal’ and the town is now required to issue a decision in response to my request.
Is council aware of how FOI requests are handled? Is stifling requests for information a goal this council wanted to achieve? Are FOI requests even mandatory?
The town has posted an Info Sheet – Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) on its website which includes, “Does a requester always have to submit a written FOI request to obtain information? No. Municipalities decide on their procedures locally. In practice, in many cases, municipalities choose to provide information in the absence of a formal FOI request.”
Since the town’s website is difficult to navigate, as I’ve pointed out since 2002, I could not locate the by-law designating anyone as the town’s Freedom of Information Coordinator; CAO Miceli emailed it to me when he finally responded to questions I submitted six weeks ago.
Maybe this council needs to review the Town’s By-law 2011-84 wherein council delegates its powers and authorities to the Town Clerk to act as head of the municipality for the purposes of administering the Municipal Freedom of Information and Protection of Privacy Act and for decisions made there under.
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