Category Archives: Freedom Of Information

Officially, it was hearsay

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Commentary by Linda Saxon

I previously posted about Another Freedom of Information Appeal Against The Town of Amherstburg Won following Amherstburg Deputy Clerk, Tammy Fowkes’ not processing my FOI request until I submitted the ‘appropriate documentation.’

In October 2015, I requested “reports and minutes of closed meetings pertaining to the fire department changeover that were released to members of the public.”

Paula Parker, Municipal Clerk, on December 17, 2015 advised, “I hereby confirm that there are no records that respond to this request. To my knowledge the alleged release of information was hearsay and not specific records.” (emphasis by P. Parker)

Privacy Concerns With Citizen Engagement Survey – Use of the Downtown Core

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Commentary by Linda Saxon

According to the Town of Amherstburg website, “A Citizen Engagement Session For Use Of The Downtown Core (Mardi Gras)” was held at the Legion on Dalhousie Street, Amherstburg on December 3.

The Town of Amherstburg then placed an ad in the December 16 River Town Times advertising “A Citizen Engagement Survey For Use Of The Downtown Core” and directing residents to the recent news section of the town’s website, which is still difficult to navigate and lacks some very basic accessibility features.

I don’t know why it’s necessary for the town to know the name and address of the person providing input; however, given that the town and amherstburg police have breached my personal information, I would have preferred a Notice as set out in section 29 (b) of the MFIPPA (Municipal Freedom of Information and Protection of Privacy Act) which states:

Notice to individual

(2) If personal information is collected on behalf of an institution, the head shall inform the individual to whom the information relates of,

(a) the legal authority for the collection;

(b) the principal purpose or purposes for which the personal information is intended to be used; and

(c) the title, business address and business telephone number of an officer or employee of the institution who can answer the individual’s questions about the collection.  R.S.O. 1990, c. M.56, s. 29 (2).

There was also no information pertaining to the access, retention, or disposal of the personal information, no place to give informed consent or notice that permission would be sought prior to anyone else requesting access.

Seeking input from residents is a great proactive and democratic approach by decision makers; I would just like to ensure that personal information is protected in the process.

Accessing Information In Amherstburg

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Commentary by Linda Saxon

The purpose of the Municipal Freedom of Information and Protection of Privacy Act, 1991, is:

a) To provide a right of access to information under the control of government organizations in accordance with the following principles:

information should be available to the public;

exemptions to the right of access should be limited and specific;

decisions on the disclosure of government information may be reviewed by the Information and Privacy Commissioner.

b) To protect personal information held by government organizations and to provide individuals with a right of access to their own personal information.

Given the number of appeals and breaches of information I have endured, I would like to hear from other residents.

How open is government in Amherstburg? How are informal requests for information handled? What about Freedom of Information requests – are they routinely denied?

Another Freedom of Information Appeal Against The Town of Amherstburg Won

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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.

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.

Information And Privacy Commission Orders Town of Amherstburg To Disclose Records

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Summary: The appellant sought access to two archeological assessment reports prepared in 1994 and 1997 relating to a specified location. The town and the landowner claimed the application of the third party information exemption in section 10(1) to the reports. In this order, the adjudicator does not uphold the application of section 10(1) to the records on the basis that the third part of the test under that exemption has not been met. The town was ordered to disclose the records to the appellant.

Read the full Order.