Tag Archives: amherstburg

Lack of Reporting Out Information = Lack of Transparency?

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In its January 2012 Report, TOWN OF AMHERSTBURG – “BEHIND CLOSED DOORS,” the Ombudsman stated, paragraph 79:

I encourage municipalities to report publicly in open session on what transpires in closed session, at least in a general way.  In some cases, public reporting might simply consist of a general discussion in open session of subjects considered in closed session, similar to the information in the resolution authorizing the session together with information about staff directions, decisions and resolutions.  In other cases, however, the nature of the discussion might allow for considerable information about the closed session to be provided.

A sample of minutes containing REPORTING OUT FROM SPECIAL IN-CAMERA COUNCIL MEETINGS
June 28, 2021:
Special In-Camera Meeting at 3: 34 p.m.
Item A – was heard under Sections 239(2)(d)&(f) of the Act. There is nothing further to report.
Item B – was heard under Section 239(2)(f) of the Act. There is nothing further to report.
Item C – was heard under Section 239(2)(i) of the Act. There is nothing further to report.
The Clerk advised that Item D will be heard this evening after Regular session.

REPORT OUT FROM IN-CAMERA SESSIONS
August 8, 16 & 25, & September 13, 2021

August 8, 2021 a Special In-Camera Meeting at 2:00 p.m.
Item A was heard under section 239(2)(b)(d) and (f). There is nothing further to report at this time.

August 16, 2021 a Special In-Camera Meeting at 5:30 p.m.
Item A was heard under section 239(2)(b)(d) (e) and (f). There is nothing further to report at this time.

August 25, 2021 a Special In-Camera Meeting at 5:03 p.m.
Item A was heard under section 239(2)(b)(d)(e) and (f). There is nothing further to report at this time.

September 13, 2021 a Special In-Camera Meeting at 4:36 p.m.
Item A was heard under section 239(2)(f). There is nothing further to report at this time.

Town Clerk Valerie Critchley’s response: The “report out” simply notes that there is nothing further to report publicly and that any further resolutions were made in accordance with section 239(6).

Lack of In-camera Information = Lack of Transparency?

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In its January 2012 Report, TOWN OF AMHERSTBURG – “BEHIND CLOSED DOORS,” the Ombudsman stated, paragraph 73:

“In my view, the council’s resolutions authorizing closed sessions, which were reviewed during this investigation were deficient and failed to provide adequate notice to the public, as well as individual members of council, as to the nature of the proposed subject matter and the justification for having an in camera meeting.”

Council’s resolutions today typically cite the applicable Municipal Act section; the June 28, 2021 SPECIAL IN-CAMERA COUNCIL MEETING Resolution# 20210628-210:

That Council move into an In-Camera Meeting of Council at 3: 34 p.m. pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reasons:

Item A – Section 239(2)(d) – Labour relations or employee negotiations; and, Section 239(2)(f) – Advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Item B – Section 239(2)(f) – Advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Item C – Section 239(2)(i) – A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position, or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization.

Item D – Section 239(2)(c) – A proposed or pending acquisition or disposition of the land by the municipality or local board.

Clerk Valerie Critchley’s Response:

Regarding the In Camera Minutes, you noted examples from June 28, 2021, August 8, 2021, August 16, 2021, August 25, 2021, September 13, 2021, September 16, 2021, November 16, 2021 and December 13, 2021. I would note that the November 16, 2021 and December 13, 2021 minutes have not yet been approved by Council and will be on an upcoming Agenda.

With respect to the other meetings, s. 239(4)  of the Municipal Act  states that:

s. 239(4) Before holding a meeting or part of a meeting that is to be closed to the public, a municipality shall state by resolution:

(a)   the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting.

As a result, Notice is given in the manner that you have set out below and a resolution is passed which cites the allowable exception pursuant to the Municipal Act which the Municipality is relying on to move camera. That allowable exception also serves to provide the “general nature of the matter to be considered”.

Further, sections 239(5) (6) and (7)  Municipal Act states as follows:

s. 239(5) Subject to subsection (6), a meeting shall not be closed to the public during the taking of a vote;

s. 239(6) Despite section 244, a meeting may be closed to the public during the taking of a vote if,

(a) subsection (2) or (3) permits or requires the meeting to be closed to the public; and

(b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, local board or committee or either of them or persons retained by or under a contract with the municipality or local board.

VOTE October 24, 2022 – hold candidates accountable.

Lack of Link = Lack of Transparency?

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Residents notified me of the lack of links to view meetings and I verified the town’s calendar page for the February 28 regular council meeting did not contain a video link.

It’s worth repeating, as mentioned in the post, No Link To Committee Meetings Workaround, how is transparency possible if people are unaware of a workaround to the lack of the town’s posting the links.

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

LASALLE YOUTUBE CHANNEL – town residents can view council and some committee meetings, just like some other municipalities in the province.

No Link To Committee Meetings – Workaround

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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.

Amherstburg To Get Long Term Care

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Budget approved in principle; 2.36 per cent tax increase

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Amherstburg town council has approved in principle a 2022 budget with an overall tax rate increase of 2.36 per cent. The increase represents an additional property tax of $38.82 per $100,000 of a home’s assessed value.

Highlights of the budget include a climate change adaptation plan, a transit pilot project, addition of a road operator to enhance delivery of road maintenance services, transportation master plan, water/wastewater rate model study, water/wastewater infrastructure master plan, asset management plan update and the return of recreation and tourism programming and events.

No Response, No Response and No Response

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In the spirit of accountability and transparency, questions were submitted to Amherstburg members of administration. No responses were received.

January 11, 2022 to interim CAO Tony Haddad: i’m writing to inquire what the decision making process was to extend the river lights display through January 2022.

January 11, 2022 to Anne Rota: how many calls did you/the town receive from the community requesting the displays be left on? in what way do you think the extension could “help just one person with that seasonal affective disorder?” what would the extension cost?

January 12, 2022 to interim CAO Tony Haddad: i requested copies of the Annual Accessibility Status Update Reports for the past 3 years. mr. fox emailed me “a list of the committee’s accomplishments” for each of the 3 years, which is not what i was seeking. the town’s website link to the town’s Accessibility Compliance Report to the province is broken. i’m also writing to inquire about the status of the Routine Disclosure and Active Dissemination Policy that former CAO Miceli advised, in February 2020, the Town was in the process of creating.