Category Archives: Accountability

Information And Privacy Commissioner Ontario Issues Interim Order – Town of Amherstburg To Conduct Another Search For Responsive Records That Predate March 2012

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The October 30 Interim Order is the result of a Freedom of Information request submitted to the Town of Amherstburg in May 2014 and subsequent appeal, mediation, and adjudication.

Summary:

The appellant sought access to all correspondence between the town and its insurer relating to the town’s transition to the insurer and benefits for employees over the age of 60. The town located a number of responsive records and issued a decision disclosing them in part. The appellant appealed the town’s decision on the basis that the town did not conduct a reasonable search for responsive records. The town located additional records during the course of the appeal and disclosed them to the appellant, who maintained that more responsive records ought to exist. The adjudicator finds that the town did not conduct a reasonable search and orders it to conduct another search for responsive records that predate March 2012.

Parts of the town’s reply representations are found at paragraphs 17 and 18 below:

[17] The town continues that the appellant, as a member of the Amherstburg Police Association, was entitled to receive information from the Association. It also notes that the appellant has not provided any representations from the Association that additional records exist; he just asserts without any proof that the Association and the Chief of Police have stated that other records exist.

[18] The town asserts that its Manager of Human Resources is an experienced employee who expended reasonable efforts in conducting her searches. It states that it is entitled to reply to the request made; it need not conduct searches for records not contemplated by the request. The town concludes by stating that the appellant’s assertion about the grievance statement in the records is unfounded and is indicative of his ulterior motive for making his request.

the burg watch is 4 years old

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Commentary by Linda Saxon

Four years ago today, the burg watch started a permanent record of the performance of council members and staff; it was intended to be a reference for voters heading to the polls just in case some issues were not mentioned along with all the campaign promises.

In November 2011, some of the burg watch’s posts were about town council’s contravention of the Municipal Act following the Ombudsman Review Of Closed Meeting, council’s flip flops and a lack of commitment to accessibility, for example, the town’s website; I have raised awareness about it since September 2002 when a mandatory municipal annual accessibility plan had to be created.

In 2014, the burg watch provided an opportunity for residents to ask the candidates questions during the campaign period. Despite being threatened with legal action by a candidate, I continued and feel it was a worthwhile endeavour.

It has often been suggested that the naysayers should stop criticizing and offer constructive solutions, but I have repeatedly submitted solutions to no avail.

I have been subjected to insults and name calling and I continue to receive harsh criticism for raising certain issues, but I will continue in the spirit of freedom of expression.

Thank you to those who support the burg watch’s intentions.

Information And Privacy Commissioner Calls for Greater Transparency In Government Procurement Records

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Ontario’s Information and Privacy Commissioner, Brian Beamish, is calling on all levels of the public sector to proactively publish contracting information so that the public may scrutinize the spending of government funds.

By openly disclosing information about the allocation of resources, public bodies have an opportunity to foster greater public trust, improve accountability and engage with Ontarians.

New Guidance for Open Contracting

A key principle of Open Government is proactive disclosure – the release of information in anticipation of the public’s needs. To embrace this principle and make procurement processes transparent, public bodies should disclose how contracts are awarded, what has been contracted for, how they chose the successful bidders, the various costs of the contract and who is responsible for the decisions related to the contract. Making this information available clarifies government decision-making around procurement and empowers individuals to engage with the process. To assist organizations in becoming more transparent, the IPC has published a new guidance document, Opening Contracting: Proactive Disclosure of Procurement Records. It offers tips on designing and implementing a transparent procurement process, while still protecting confidentiality when appropriate.

Pettiness Prevails At Amherstburg Town Hall

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Commentary by Linda Saxon

Recalling last year’s campaign promises of increased accountability and transparency, I submitted a Freedom of Information Request to the town on October 14 for information pertaining to the most recent leaked information about Amherstburg’s fire chief.

On October 26, Tammy Fowkes, Amherstburg Deputy Clerk, returned my 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.”

According to the access procedure of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, section 17 states:

“A person seeking access to a record shall,

(a) make a request in writing to the institution that the person believes has custody or control of the record;

(b) provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record; and

(c) at the time of making the request, pay the fee prescribed by the regulations for that purpose.  1996, c. 1, Sched. K, s. 14.”

While a request can be made simply in a letter, I submitted an official request form available at the Information and Privacy Commissioner Ontario website which the town has very slightly modified and deemed ‘appropriate.’

My past inquiries were met with resistance and insolence and, despite a regime change, it appears that pettiness prevails.

Misguided Support for Segregated Sports

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Commentary by Linda Saxon

The River Town Times reports that the Town of Amherstburg has given the go-ahead for Miracle League billboards, awaiting final OK from the county and ERCA.

The article includes comments from Mayor Aldo DiCarlo and Councillors Diane Pouget, Joan Courtney and Rick Fryer praising the work of the Miracle League and its volunteers, all misguided in my opinion.

The Ontarians with Disabilities Act 2001 (ODA), the Accessibility for Ontarians with Disabilities Act 2005 (AODA), The Universal Declaration of Human Rights, signed by Canada, the Canadian Charter of Rights and the Ontario Human Rights Code all promote integration, not segregation.

Mandatory training of Essex County Council included presentations by the Essex County Accessibility Advisory Committee that specifically addressed the full and equal participation of every member of society and attitudinal barriers that interfere with the human right to do so.

Has anyone wondered why there was only one Miracle League in Canada? Has anyone wondered if negative stereotypes were being perpetuated?

As an accessibility advocate, I have often criticized the Town of Amherstburg for its lack of commitment to removing barriers in the community, including attitudinal barriers. As a few examples: for the past thirteen years I have advocated for an accessible town website, for accessible voting stations, for an accessible front entrance to the town hall – would any other minority group tolerate an enter at the back sign? No progress regarding these items was made to this day.

In my opinion, the approval of these billboards indicates to me that council needs to learn how to provide a more inclusive community in terms of full and equal access to recreation, festivals, communications, facilities and more.

Kathie Snow, of Disability is Natural, and a previous keynote speaker at the Essex County Accessibility Advisory Committee Accessibility Workshop has published several informative articles on her site, including Separate And Unequal, about segregated sports, which I highly recommend.

All the information is readily available in legislation and resources; those should be guiding council’s actions, not emotions and misguided intentions.

Accessibility Concerns Misunderstood

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Commentary by Linda Saxon

In a letter to the editor, River Town Times, April 8, I expressed my concerns regarding town council’s pre-approval of grants to four community organizations: the Park House Museum, North American Black Historical Museum, Amherstburg Community Services and the House of Shalom Youth Centre.

It would appear, in a letter the RTT published this week from Kathy DiBartolomeo, Amherstburg Community Services, that my concerns were misunderstood.

To reiterate, council is using taxpayer dollars to grant these requests, despite a well-publicized 46 million dollar debt and promises of fiscal responsibility to control and/or reduce it.

Ms. DiBartolomeo believes that my “concern over the town’s website and accessibility to information and the importance of all of the agencies and organizations that receive community grants are two different issues.”

I disagree. Council has not found money over the past twelve years to ensure the town’s website and its documents are universally accessible, but community organizations have received approximately $360,000.00 in grant funding in that time frame.

Policy F10-Grants to Community Groups, enacted May 25, 2005 and amended September 22, 2008 is another outdated municipal policy that needs to be updated.

Council should include accessibility criteria as a requirement when evaluating grant requests from organizations. Additionally, council needs to enact a municipal policy that no public funds will ever be used to create or perpetuate barriers against persons with disabilities.

Because of a lack of an accessibility requirement, shamefully, council has committed taxpayers’ dollars to four organizations that maintain websites with accessibility issues.

Amherstburg chief wants all front-line police to wear body cameras

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If Chief Timothy Berthiaume has “always been committed to openness and transparency” why are the costs of data storage and court transcription not disclosed?
The pilot program began in April 2013, not January 1, 2014.
Given the $46 million debt Amherstburg is dealing with, (about half of Windsors’s debt) how can wish list items like these cameras be justified?
Windsor Police Chief Al Frederick says the costs are prohibitive and other police services feel the same way.