The Town Of Amherstburg’s Ten Year History Of FOI Requests

While I have been relying on FOI requests for decades with the town of Amherstburg, former Amherstburg Police and now Windsor Police, the town started a master list of FOI requests, and outcomes, since 2013.

I couldn’t find any notations of appeals but they exist.

Although the town’s chart states ‘full disclosure,’ it omits my appeal of the town’s $187.50 fee for my personal information because fees for personal information are different from fees for general information.

History of one request:

June 2022 request: any copies of records from former Clerk Paula Parker pertaining to the Accessible Customer Service Policy and the applicant’s input regarding the draft on Council’s December 14, 2020 meeting agenda; this would include, but not limited to, information to Mayor DiCarlo, members of Town Council or notes to herself.

Then-Clerk Critchley acknowledged receipt of request.

Critchley then provided a fee letter for:

Search 6 hours @ $7.50/15 minutes = $180.00
Preparation 15 minutes @ $7.50/15 minutes = $7.50
Total = $187.50

Appeal filed July 2022.

Notice of Mediation January 2023

At mediation, in January 2023, the town waived the fee and provided full disclosure.

Generous of the town to waive a fee for search and prep of my personal information that should not have been imposed.

The number of full and partial disclosures is noteworthy. Time spent on formal FOI requests and/or appeals could have been saved if the town enacted a Routine Disclosure Policy like it was supposedly doing three and a half years ago.

Related:

A Year Later, No Town Policy Re Routine Requests For Information

Request For Routine Disclosure Policy Now Two Years Old

Request For Routine Disclosure Policy Now Three Years Old

Councillor Prue Supports Routine Disclosure Policy

Amherstburg Clerk And Mayor Respond to Routine Disclosure Policy Request

Amherstburg Needs Routine Disclosure Policy

Reporter’s And Individual’s Requests For Information Compared

Accessing Information In Amherstburg

Special In-Camera Council Meeting

Another in-camera meeting that may be closed to the public but council will meet behind closed doors today at 4 pm for one item on the agenda:

Item A: Cyber Security Awareness Training 

Section 239 (3.1) A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

  1. The meeting is held for the purpose of educating or training the members.
  2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.  2006, c. 32, Sched. A, s. 103 (1).

Increased Police Dispatch Calls

The November 2 Windsor Police Services Board agenda includes the September 21 minutes that state: A Board member noted a steady increase in dispatch calls for service over the last three months, especially since June, and questioned whether this trend specifically relates to Amherstburg.

The discussion revealed that the rise in June’s dispatch calls is connected to ongoing efforts to maintain integrity within the police force. Each call for service consumes police officers’ time, and the data collected now serves as a more meaningful basis for making data-informed decisions. Overall, there has been an increase in calls for service.

I’m not sure what the motion was but the minutes note the above was moved, seconded and CARRIED.

The audio is a poor quality; captioning didn’t really help.

Hypocrisy And Hypercriticism

Considering that Councillor Crain Didn’t Correct Errors regarding his motion at the council or committee meeting, I thought Crain was hypocritical at the October 23 council meeting for objecting to Councillor Pouget’s notice of motion for being worded differently than noted in the minutes.

I also thought Crain was hypercritical of Pouget’s motion because his objection was based on his perception that the motion wording undermines the work of staff. This isn’t the first time I’ve heard such staunch cheerleading of staff but he was elected to represent the public interest, including tree canopy issues that are within the duties of council.

On October 10, 2023 Councillor Pouget believed a notice of motion was in order to direct administration to provide the parks committee and environmental committee a complete report regarding the 2017 tree study on town property.

On October 23, 2023, Pouget read the notice of motion and looked for a seconder.

Councillor Crain said something inaudible and Mayor Prue stated he had an objection that it’s not the same; he asked Crain to explain the nature of the objection.

Crain said it’s not the same notice of motion that’s included in the agenda.

Prue asked Pouget to withdraw the first motion and read the second one and see if there’s a seconder; Councillor Allaire seconded.

Crain then stated, just to seek clarification to staff; is it true that we do not have a maintenance policy for the planting of new trees?

Staff answered that the town has a tree bylaw that speaks to tree trimming and maintaining. Crain then stated so the new trees are added into our total tree inventory and then based on this bylaw that we already have are continually maintained already so it’s not that there’s no policy, it’s that new trees are now considered old once they’re planted and then maintained over time.

After staff spoke again, Crain made his position known: I won’t be supporting the motion. I find that the way this motion is worded is implying that our arborist and staff are taking down fair to good condition trees, which in my opinion, I do not believe is happening. I’m not sure where this assumption is coming from and especially with reducing Norway maples. We have this maintenance program already and just the way it’s worded I find that it undermines the work of staff so I won’t be supporting it.

Pouget stated she brought this before to council and that they go and look at these trees; no one apparently has, but when she’s talking about maintenance, they do not water these trees that need watering in the first two years.

Councillor Allaire asked about Windsor’s practice and shared a personal anecdote about growing up on a farm.

Councillor McArthur chimed in and asked if they were removing trees in fairly good condition and why would they be doing that.

More back and forth and more time wasted spent on staff participation and then Allaire stated it seems like our staff is doing a good job and following all the rules that they have implemented over the years. She appreciates the idea of providing the parks and rec committee and the environmental committee with the tree study and she thinks that’s a good portion of Pouget’s notice of motion and if she were willing to take a friendly amendment, she would support that.

As if staff hadn’t taken up enough time, Prue then invited the clerk to speak.

Pouget stated she couldn’t agree to the friendly amendment – she asked that the committees be given all the pertinent information. Pouget also wanted to go on record that she resents Councillor Linden Crain making a statement like he did against her, that he made a face, and made a statement against her that she was trying to undermine the arborist or public works and that was never her intent.

Prue stated her point was well taken and let’s not degenerate here into name calling or argument.

WAIT, WHAT? I didn’t hear any name calling! I’ve written several posts about the lack of decorum and incivility. Prue really needs to step up and act in the first instance, consistently, and not leave it up to individual councillors to defend themselves.

Pouget stated that shouldn’t have happened and Prue should have stopped it from the beginning and she asked Pure to speak on the Bellevue issue regarding what he witnessed.

Listen to the audio.

One Down, Three To Go!

Now that the council has completed its first year of the term, what do you think? Are you satisfied with the job they’re doing? Have they kept campaign promises? Flip-flopped? Represented everyone equally? Or are you looking forward to the next election?

New Windsor Police Deputy Chief

Amherstburg Mayor Michael Prue is quoted in a CBC article, “There will be those who will say, ah, look at this, and there will be others who will recognize again what he has done over his whole lifetime,” Prue said. “I think the majority of people will probably understand that, there are some who never will.”

I’m one that never will understand. Crowley wasn’t going 10 over the speed limit. Police officers are not held to a higher standard, but they have to abide by the same behaviour as anyone else that they dole out tickets to for misbehaving; especially when it’s a more serious offence.

CBC reports, Windsor police name Jason Crowley as permanent deputy chief amid possible external review.

Why Have Committees?

I wonder what Councillor Crain will do. At the September 25 council meeting, he said he would be supporting the motion, regarding Bolger’s request; that he was on the heritage committee, so he thinks it’s only fair that they follow recommendations from their committees; without them he’s not sure why they would even have committees if they’re not going to listen to it. 

Well now admin is recommending Council NOT APPROVE the recommendation from the Environmental Advisory Committee as presented, and; 

Council DIRECT Administration to ensure the current Official Plan update includes policies to allow for the introduction of various climate friendly development requirements to ensure the Town is creating the necessary means in which to require these types of investments in development.

Shouldn’t the committee recommendation go before council and then council direct admin for a report?

Read the October 23 Supplementary Agenda.

Why Go In-Camera?

Amherstburg is highlighted twice as case examples in the same Ontario Ombudsman Open Meetings Guide for Municipalities that I shared yesterday:

Matters that can be discussed in closed session under another Act – s. 239(2)(g)

Town of Amherstburg (June 2018): While staff suggested this exception applied because a request for proposals (RFP) could have been discussed in private under the Police Services Act, there was no evidence that council considered the application of this exception, or that the RFP had been discussed in closed session by the town’s police services board.

Security of municipal property – s. 239(2)(a)

Town of Amherstburg (June 2018): Discussion about seeking bids for policing services did not fit within the exception, as it did not deal with potential threats, loss, or damage to municipal property.

Must all municipal meetings be open to the public?

Yes, with some limited exceptions.

Twelve of the exceptions are discretionary, meaning it is not mandatory to close meetings to deal with these subjects. When in doubt, open the meeting. (original emphasis).

Meetings may be closed if the discussion is about:

  1. The security of the property of the municipality [s. 239(2)(a)]
  2. Personal matters about an identifable individual, including municipal employees [s. 239(2)(b)]
  3. A proposed or pending acquisition or disposition of land by the municipality [s. 239(2)(c)]
  4. Labour relations or employee negotiations [s. 239(2)(d)]
  5. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality [s. 239(2)(e)]
  6. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose [s. 239(2)(f)]
  7. A matter in respect of which a council, board, committee or other body may hold a closed meeting under another piece of legislation [s. 239(2)(g)]
  8. Information supplied in confidence to the municipality by another level of government [s. 239(2)(h)]
  9. Third-party information supplied in confidence to the municipality, which, if disclosed, could significantly prejudice a competitive position or interfere with negotiations (e.g., a trade secret or scientific, technical, commercial, fnancial or labour relations information) [s. 239(2)(i)]
  10. Information (e.g., a trade secret or scientific, technical, commercial, or financial information) that belongs to the municipality and has monetary value [s. 239(2)(j)]
  11. A position, plan, procedure, criteria, or instruction to be applied to negotiations [s. 239(2)(k)]
  12. Educating or training members of the council, a local board or committee [s. 239(3.1)]

    Mandatory exceptions:
    Meetings must be closed if they are about:

  13. The consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or body is the head of an institution for the purposes of that Act [s. 239(3)(a)]
  14. An ongoing investigation respecting the municipality by the Ontario Ombudsman, an appointed municipal ombudsman, or an appointed closed meeting investigator [s. 239(3)(b)]

Lack Of Audio = Lack Of Transparency

I asked CAO Critchley for an explanation for the August 10 Amherstburg Heritage Committee meeting audio starting at 45:40. Just to be sure it wasn’t my computer, other residents verified the same.

This morning Critchley answered, “A technical issue prevented the capture of audio for the first portion of this meeting but was able to be resolved later in the meeting.

The Ontario Ombudsman Open Meetings Guide for Municipalities states:

What are the objectives of the open meeting rules?

The open meeting requirements set out in section 239 of the Municipal Act, 2001 permit the public to observe municipal government in progress. The Supreme Court of Canada answered this question in its decision in the 2007 case, London (City) v. RSJ Holdings Inc. The judges noted “the public’s demand for more accountable municipal government” and stated that open meetings are essential to “robust democratic legitimacy” of local administrations. They also observed that s. 239 of the Municipal Act, 2001 “was intended to increase public confidence in the integrity of local government by ensuring the open and transparent exercise of municipal power.” (original emphasis).

Also from the Guide:

“The democratic legitimacy of municipal decisions does not spring solely from periodic elections, but also from a decision-making process that is transparent, accessible to the public, and mandated by law.”

– Hon. Madam Justice Louise Charron, Supreme Court of Canada

Santa Is Not Ableist!

Although not everyone could complete a timed 5k including Santa at 1,752 years old.

Amherstburg town council approved the Super Santa Walk/Run for November 18 at its June 26 meeting; the video of that discussion seems to be unavailable – one can view the item before and after it.

In a July 25 email to accessibility at ERCA, I asked if Santa was ableist and if the Santa Run/Walk excludes persons with disabilities. I shared my thought that holding a timed race/walk seems contrary to ERCA’s policy, ‘to provide for service delivery in a way that preserves the dignity and independence of persons with disabilities.’

I also asked if no one thought to name the event Walk/Run/Roll without it being timed to see how fast participants can walk/run.

I received an auto response from Danielle Stuebing and nothing further.

On September 28 ERCA announced the event on its website and Danielle Stuebing was quoted, “While the event has always been inclusive, based on feedback received, this year ‘Wheel’ has been added to the title to ensure it is abundantly clear that all are welcome,” Breault Stuebing adds. “For this event, ‘wheel’ refers to wheelchairs, scooters used for mobility assistance, walkers and strollers.”

So how hard is it to add one word?

ERCA’s website advertises it as walk/run/wheel and then omits the wheel in the description.

Visit Amherstburg also omits the word wheel and advertises it as Super Santa Walk/Run.

Councillor Allaire’s website includes an announcement that omits the wheel.

Race Roster website announces the walk/run/wheel and also omits the wheel in the description; the logo, also used on Allaire’s site, omits the wheel.