Amherstburg Discloses Further Records Following IPC Ordered Search

The Town of Amherstburg has disclosed further records following the Information and Privacy Commissioner Ontario ORDER MO-3934-I regarding the Municipal Freedom of Information and Protection of Privacy Act request to the town for correspondence regarding the police costing from the town’s CAO and his staff to the OPP.

The IPC Adjudicator’s Analysis and Finding were:

(27)  I find that the town’s search was not reasonable, and I will order it to conduct a new search.

(28). I am persuaded by the appellant’s argument that the electronic search was too narrow and that it ought to have included the EA’s email address. The town does not dispute that the scope of the request included the CAO’s staff and it has explained that the CAO has only one staff member. While I acknowledge that the town stands by the reasonableness of the search, it has not provided a sufficient explanation for why no electronic search was undertaken of the EA’s email.

(29). I further acknowledge that the town takes the position that the electronic search was only complementary to the paper-based search. However, the town has also emphasized that both components of the search are important. To that end, in this case, I have concluded that it is in fact because the town itself relies on the electronic component of the search that the omission of the EA’s email from the search renders the search incomplete.

(30)  I am also persuaded that there is a reasonable basis to conclude that there ought to be additional records. Using the content of the records that were disclosed to her in this appeal, the appellant has established a reasonable basis that additional records ought to exist. Further, the appellant has possession of responsive records that have not been disclosed by the town in this appeal. Although it had the opportunity to do so, the town has not provided an explanation for this fact.

The town requested an extension of the August 10, 2020 deadline as it had commenced the additional searches, which yielded a large volume of records that required review; and there had been some delays in completing the additional searches due to demands on staff time because of emergency declarations for COVID-19 and flooding.

Nicholas Renaud’s affidavit states, in part, he conducted the search and provided 24,223 records for review. Kevin Fox’s affidavit states, in part, the IT Division provided 24,223 emails for review that he manually reviewed.

Paula Parker, the town’s FOI Coordinator, states three further records were disclosed: M-2018-16 Decision copy.  note: format originated from the town.

An Order will be issued.

Related posts:

Town of Amherstburg Ordered to Conduct Further Records Search