Request For Routine Disclosure Policy Now Four Years Old

It’s been four years since I requested council create a protocol for requests for information and former CAO Miceli advised that the Town of Amherstburg was in the process of creating a Routine Disclosure and Active Dissemination Policy.

In April 2021, I repeated my request and former clerk Paula Parker advised a draft policy was in progress.

January 2022, I asked interim CAO Tony Haddad about the status of the Routine Disclosure and Active Dissemination Policy that former CAO Miceli advised the town was in the process of creating in February 2020. I received no answer.

July 2022 I reminded Critchley and council that council has disregarded my repeated requests for a Routine Disclosure policy,

In April 2022, I reminded council that it was over two years.

In January 2023, I requested that status of the routine disclosure policy and in February CAO Critchley advised the town continues to investigate a number of policies but has not adopted a specific policy.

In June, 2023, council carried Councillor Pouget’s motion to direct administration to bring back a report regarding the policy following Nancy Atkinson’s delegation on behalf of the Amherstburg Residents Forum.

December 2023, I emailed council requesting the status of, and report on, the routine disclosure policy and Critchley advised they continue to work on the Routine Disclosure issue and expect it will move forward in the new year.

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

Amherstburg Needs Routine Disclosure Policy

Amherstburg Clerk And Mayor Respond to Routine Disclosure Policy Request

Councillor Prue Supports Routine Disclosure Policy

Request For Routine Disclosure Policy Now Two Years Old

Where Is The Routine Disclosure Policy?

Another farcical item for council’s January 29 meeting is a recommendation for council to support AMCTO’s submission regarding MFIPPA, which includes a recommendation to require municipalities to adopt a Routine Disclosure and Active Dissemination Policy (RD/AD).

The submission even includes a graphic: ‘Did You Know? AMCTO has a guide offering considerations for establishing RD/AD’ with a link to the document: Considerations for Establishing Routine Disclosure and Active Dissemination.

During the June 2023 meeting discussion of an RD/AD policy, Councillor Pouget stated the AMCTO, the association of municipal clerks and treasurers of Ontario, do give guidelines for this policy and asked, has that been taken advantage of? Do you know if you’ve tapped into that resource?

CAO Critchley responded, as I said earlier, if this is something that council wants us to do, then we will look into it if that’s what Council directs.

Pouget then made a motion and council passed a resolution directing administration ‘to bring back a report regarding a Routine Disclosure Policy’ and the Unfinished Business list stated a report was coming to council in Q3. No policy exists.

It’s been almost four years since I requested council create a protocol for requests for information and on a few occasions I was advised that a policy was in the process of being created.

A Brief History

2020: former CAO Miceli advised, the town is in the process of creating a Routine Disclosure and Active Dissemination Policy and respecting the MFIPPA process is best for all parties.

2021: former Clerk Parker stated, the Town does have a draft of the policy in progress.

2021: I asked if council directed administration to create this policy.

2021: Former Mayor DiCarlo advised, this policy is being created as part of ongoing policy review of all of the town’s policies, not from a specific council direction. 

2021: I asked then-Councillor Prue if he would know the status of the policy; he did not answer the question.

2022: I emailed Interim CAO Haddad to inquire about the status of the policy; no answer.

February 7, 2023 CAO Critchley advised the town has not adopted a specific policy.

June 13, 2023 Nancy Atkinson, on behalf of the Amherstburg Residents Forum, raised three items including the Routine Disclosure Policy.

June 13, 2023 Councillor Diane Pouget’s motion to direct administration to bring back a report regarding the disclosure policy was carried.

December 1, 2023 I emailed council again requesting the status of, and report on, the routine disclosure policy. 

December 13, 2023 follow up email requesting the status of, and report on, the routine disclosure policy. 

December 18, 2023 CAO Critchley advised, we continue to work on the Routine Disclosure issue and expect it will move forward in the new year.

Request For Routine Disclosure Policy Now Three Years Old

It’s been three years since I requested council create a protocol for requests for information; a good indication of open government.

In February 2020, then-CAO Miceli advised, that the Town of Amherstburg was in the process of creating a Routine Disclosure and Active Dissemination Policy and that I might wish to review the policy when it appears on the agenda for Council’s consideration and approval in the near future.

Current CAO Critchley now advises: the Town continues to investigate a number of policies and their associated role within the organization but at this time the Town of Amherstburg has not adopted a specific policy to govern the many ways in which the Town actively disseminates and routine discloses information to the public.

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

Amherstburg Needs Routine Disclosure Policy

Amherstburg Clerk And Mayor Respond to Routine Disclosure Policy Request

Councillor Prue Supports Routine Disclosure Policy

Request For Routine Disclosure Policy Now Two Years Old

Request For Routine Disclosure Policy Now Two Years Old

One might conclude there is a lack of willingness to be more open and transparent, given the lack of agenda reports, the lack of in camera resolutions, the incomplete information recorded in the minutes, the lack of reporting out from in camera information.

My request to council that a protocol for requests for information be created for taxpayers is now two years old.

Former CAO Miceli advised, in February 2020, that the Town of Amherstburg was in the process of creating a Routine Disclosure and Active Dissemination Policy and that I might wish to review the policy when it appears on the agenda for Council’s consideration and approval in the near future.

I repeated my request in April 2021 and council, instead of creating a policy, received the item under consent correspondence.

How long does it take to create a Routine Disclosure and Active Dissemination Policy that the Information and Privacy Commissioner revised in SEPTEMBER 1998?

What will it take for council to commit to being more open and transparent?

VOTE October 24, 2022 – hold candidates accountable.

No Link To Committee Meetings – Workaround

Municipal Act 239 (1) Except as provided in this section, all meetings shall be open to the public.  2001, c. 25, s. 239 (1). Municipal Act

Adoption of policies

270 (1) A municipality shall adopt and maintain policies with respect to 5. The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.

Transparency and accountability are not possible if no links are provided and people are unaware of the steps they need to take when the town does not post links to view meetings.

An example of no link posted on Amherstburg.ca: click on picture to view full screen.

The Town of Amherstburg’s Transparency and Accountability Policy contains definitions:

4.1.  Accountability in this policy refers to the principle that the Town is obligated to demonstrate and take responsibility for its actions, decision and policies.

4.8.  Transparency means how outside parties, such as the public, are able to observe how the decisions of Council, Staff, Committees and Local Boards are made. The Town of Amherstburg actively encourages and fosters stakeholder engagement in its decision making process.

Workaround:

Locate the date of the meeting in the council/committee calendar section of the town’s website.

Click on the html link of the Agenda column; it’s faster to load than the pdf.

Select/highlight https://www.amherstburg.ca/livestream.

Right click and choose options to open in new tab, new window or copy and paste into browser.

the burg watch is 8 years old

Eight years ago, the burg watch was the first site to create a permanent record of council’s performance as a reminder to voters heading to polls.

Early posts were about council’s contravention of the Municipal Act following the Ombudsman Review Of Closed Meeting, flip flops and a lack of commitment to accessibility.

In 2014, the burg watch provided an historic opportunity for residents to question the candidates directly. Despite being threatened with legal action and negative comments, I feel it was a worthwhile endeavour even if not everyone responded as that indicates, to me, their future behaviour.

In 2018, posts referenced another Ombudsman’s Report of council’s and the JPAC’s contravention regarding in camera meetings on the Policing RFP and council’s decision to choose Windsor Police Service without obtaining an OPP costing as promised.

Thank you to those who support the burg watch.