Closed Meeting Investigations

Town of Espanola Municipal Closed Meeting Investigator Complaint Policy (pdf)

Closed Meeting Reports

Closed Meeting Investigation Final Report June 2015 (pdf) 

Why are some meetings closed to the public?

Generally, Municipal councils, local boards and their committees hold their meetings in public.  They meet behind closed doors on occasion to deal with some matters. The purpose of such a closed meeting is to receive information or give direction.

Municipal Governments in Ontario must be transparent and accountable.  The Provincial Government has set the rules for a council, local board or a committee to go into a closed meeting.  These rules are found in Section 239 of the Municipal Act, 2001 and are included within the Town of Espanola's Procedure Bylaw.  They must be strictly followed.

When can a meeting be closed to the public?

A meeting or part of a meeting must be closed to the public if the subject matter is:

  • The security of property of the municipality or local board;
  • Personal matters about an identifiable individual, including employees;
  • A proposed or pending acquisition or disposition of land;
  • Labour relations or employee negotiations;
  • Litigation or potential litigation;
  • Advice that is subject to solicitor-client privilege;
  • A matter authorized by another provincial statute;
  • If the subject matter relates to a request under the Municipal Freedom of Information and Protection of Privacy Act;
  • For educating and training and no member discusses or deals with a matter in a way that materially advances the business or decision-making of the council or local board.

What steps do I take if I have a concern?

1.  Contact the Clerk Treasurer/Administrator and see if they are able to answer your question or concern.

2.  If you believe that the meeting was closed to the public in a way that is not permited by the Municipal Act, 2001 and the Town's Procedure Bylaw, submit a Complaint Form or a written request for a municipal closed meeting investigation.

What is a meeting investigation?

Any person or corporation will be able to request that an investigation be undertaken respecting whether a municipality or local board or committee of either, has complied with closed meeting rules outlined in the Municipal Act, 2001 or the applicable Procedure Bylaw.

Through Local Authority Services (LAS) the Town of Espanola has engaged the services of Amberley Gavel Ltd. as the Municipal Closed Meeting Investigator and has authorized it to conduct investigations upon receipt of a complaint regarding meetings or parts of meetings that are closed to the public.

The investigator will determine compliance with the Municipal Act or the Town of Espanola's Procedure Bylaw with respect to closed meetings and will report on the results of such investigations.  During the investigation, the investigator may contact you for further information.

The investigator will only investigate meetings that were held on or after January 1, 2008.

Request for investigation procedure

The complaint form can be obtained from the Clerk's Office or by clicking here Complaint Form (pdf).  All complaints must be submitted in a sealed envelope marked "private and confidential" and contain the following information:

1. Name of the Municipality
2. Complainant's name, mailing address, telephone number and e-mail address (if applicable)
3. Date of closed meeting under consideration
4. Nature and background of the particular occurrence
5. Any activities undertaken (if any) to resolve the concern
6. Any other relevant information
7. Direction with respect to release of identity
8. Original signature

All complaints shall be sealed in an envelope clearly marked "Private and Confidential" and submitted by mail or in person directly to:

CAO / Treasurer
Town of Espanola
100 Tudhope Street, Suite 2
Espanola, ON P5E 1S6

RE: Closed Meeting {date}

All complaints will be treated as confidential at all times and will be forwarded directly to Amberley Gavel Ltd.