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.

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.