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.

Background

As of January 1, 2008 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 procedural by-law.

The Town of Espanola has engaged the services of the Ontario Ombudsman as the Municipal Closed Meeting Investigator. The investigator is authorized to conduct investigations upon receipt of a complaint in respect to meetings or parts of meetings that are closed to the public. The investigator will determine compliance with the Act or the applicable procedural by-law with respect to closed meetings and will report on the results of such investigations.

Complaint Procedure

Complaints may be submitted to Ombudsman Ontario through their website.

Closed Meeting Investigation Reports

Closed Meeting Investigation Final Report June 2015

The Town of Espanola is committed to achieving the highest quality of municipal administration and governance by encouraging high standards of conduct on the part of all elected officials. A Code of Conduct aims to ensure public trust and confidence in the Town’s decision making and operations. Members of Council are expected to adhere to the provisions of the Code of Conduct.

Review the Code of Conduct

The Code of Conduct sets minimum standards for the behaviour of municipal employees in carrying out their duties. It has been developed to assist municipal employees to:
1. Understand the standards of conduct that are expected of them;
2. Act in a way that enhances public confidence in providing municipal services; and
3. Identify and resolve situations which might involve a conflict of interest or a potential misuse of position and authority.

Code of Conduct for Municipal Employees

The Town of Espanola will provide a respectful, productive and harassment-free relationship and workplace between Members of Council and the officers and employees of the Corporation.

The intent of the Council-Staff Relations Policy is to ensure that the relationship between Members of Council and the Officers and Staff of the Municipality is co-operative and supportive with a clear understanding of the respective roles and responsibilities.

The Municipal Conflict of Interest Act requires all municipalities to establish and maintain a registry of all declarations made by members of Council under the Act. The registry must include the original written declaration provided by the member of Council and must be available to the public.

The following is a registry of written disclosures of interest as of March 1, 2019:

The Integrity Commissioner is an independent and impartial position that reports directly to Town Council and whose powers and duties are set out in the Municipal Act, 2001.

Responsibilities of the Integrity Commissioner:

• Investigate complaints and alleged breaches of the Code of Conduct for Members of Council.
• Review the Code of Conduct for Members of Council and make recommendations on an annual basis.
• Serve as an advisor to individual Members of Council in relation to the Code of Conduct and any procedures, rules and policies of the municipality governing ethical behaviour, and act as a proactive educator for Council, municipal staff and the public.
• Provide reports to Council, summarizing his activities.
• Provide individual investigative reports, as required, which will include background concerning a complaint and recommendations to Municipal Council with respect to a complaint

Council for the Town of Espanola appointed Mr. Robert Swayze as the Integrity Commissioner for the municipality and authorize him to conduct inquires upon receiving a complaint for rules governing ethical behaviour of members of Council as they pertain to the Municipal Conflict of Interest Act and Council and Local Board Code of Conduct.

Complaint/Application Process

A complaint that a member has contravened the Code may be initiated by any person, any Member of Council, or by Council as follows:

(a) a complaint shall be made in writing and shall be sent directly to the Integrity Commissioner by mail, e-mail, fax or courier;
(b) a complaint must be signed and dated by the complainant who shall be an identifiable individual (complaints may not be submitted by any group, organization or corporation);
(c) a complaint shall include:

(i) an explanation, with specific reference to sections of the Code, as to why the issue raised is alleged to be a contravention of the Code;
(ii) any evidence in support of the allegation; and
(iii) any witnesses in support of the allegation must be identified.

Robert J. Swayze
Barrister & Solicitor
20736 Mississauga Road
Caledon, ON L7K 1M7
Tele: 519.942.0070
Fax: 519.942.1233
E-Mail: [email protected]

Integrity Commissioner Reports

Should there be a complaint lodged and it is investigated, the report will be listed below. An annual report from the Integrity Commissioner will be listed here as well.

Reports prior to March 1, 2019

Report of Integrity Commissioner July 12, 2018 - Code of Conduct Breach by Councillors

Reports after March 1, 2019

Report of Integrity Commissioner June 16, 2020 - Townsend, Hayden, Beer v Van Alstine
Report of Integrity Commissioner September 8, 2020 - 3 Councillors v 4 Councillors, 7 Complaints
Report of Integrity Commissioner October 16, 2020 CAO v Councillor Van Alstine

Report of Integrity Commissioner of December 2, 2020 Councillor Van Alstine Contravention of Municipal Conflict of Interest Act

Ontario Superior Court of Justice Decision on Application

Citation:  Espanola (Integrity Commissioner) v. Van Alstine, 2022 ONSC 2881

For additional information contact the Municipal Office via phone at 705. 869.1540 or email [email protected].

The Town of Espanola is subject to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The Act holds us accountable and ensures that information is publicly available. MFIPPA also allows you to submit a Freedom of Information request to access government information and requires us to protect personal information in our custody.

The Town of Espanola endeavours to provide as much information as possible to the public without the necessity of submitting a formal request under the Act. Any person wishing to access any records held by the Town of Espanola should contact the Municipal Freedom of Information Officer to determine if the request should be submitted formally under MFIPPA or if the records will be provided as a routine disclosure. The Town's Freedom of Information Officer makes every attempt to comply with Freedom of Information and Protection of Privacy Policy.

MFIPPA recognizes that the right of access to information is not absolute. In some instances it is necessary to protect the confidentiality of certain records and to protect the privacy of personal information held by government institutions. Requests for information about another person, or information that contains details regarding a third party may require a formal request.

Applicants must submit the FOI Request Form with the mandatory $5 application fee, and include as much detail about the information being requested as possible. In addition to the application fee, there may be other fees involved as set out in the Act and its regulations. Applications are to be submitted to the Town of Espanola Clerk, 100 Tudhope Street, Ste 2, Espanola, ON P5E 1S6. Applications are available from the Municipal Office at (705) 869-1540.

Fees

In addition to the $5 application fee, you may be charged additional processing fees:

• $7.50 per 15 minutes of search time (doesn't apply to requests for personal information)
• $7.50 per 15 minutes to prepare the records for disclosure (doesn't apply to requests for personal information)
• $0.20 per page for photocopies and/or computer printouts
• $15 per 15 minutes if we need to develop a computer program to retrieve information
• $10 for disks
• Shipping costs

We will not release the records until you pay all retrieval fees. If the retrieval costs less than $25, you won't receive an estimate of fees. If the request costs between $25 and $100, you will be given an estimate of the fees prior to the release of the records. If the request costs more than $100, you may be required to provide a 50% deposit before we process your request.

Appeals

If you're not satisfied with the Town of Espanola's response to your request for information or the fee estimate, you can make an appeal to the Information and Privacy Commissioner of Ontario. You must file the appeal within 30 days of receiving the decision letter or fee estimate.