HomeMy WebLinkAboutCLD-036-07
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REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTE~ . .
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November 5, 2007 027 - cYl
Date:
Report #: CLD-036-07
File#:
By-law #:
Subject:
MEETING INVESTIGATOR - CLOSED MEETINGS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-036-07 be received;
2. THAT a by-law be forwarded to Council to appoint Local Authority Services Ltd. (LAS)
as the meeting investigator in accordance with section 239.1 of the Municipal Act, 2001
and to provide for a $25.00 requester fee for meeting investigations; and
3. THAT LAS be advised of Council's decision.
Submitted by:
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Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-650p
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REPORT NO.:CLD-036-07
PAGE 2 OF 5
Backqround
Section 239 of the Municipal Act, 2001 (the Act) provides that all meetings of Council, committees of
Council and boards appointed by Council must be open to the public, with the exception that a
meeting may be closed to the public for the purpose of considering the following matters:
(a) security of the property of the municipality or local board;
(b) personal matters about an identifiable individual, including municipal or local board employees;
(c) a proposed or pending acquisition or disposition of land by the municipality or local board;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matters before administrative tribunals, affecting the
municipality or local board;
(f) advice that is subject to solicitor-client privilege, including communications necessary for that
purpose;
(g) a matter in respect of which a council, board, committee or other body may hold a closed
meeting under another Act;
(h) for the purpose of educating or training the members, providing no member discusses or
otherwise deals with any matter in a way that materially advances the business or decision-
making of the council, local board or committee.
On January 1, 2008, section 239.1 of the Act comes into effect which permits any person to request
an investigation be undertaken to determine whether a municipality or local board (excluding a library
board), or a committee of either, has complied with the closed meeting rules contained within the Act.
Section 239.2 authorizes a municipality to appoint an investigator to conduct a review of any requests
which may be made by the public. Should a municipality choose not to appoint an investigator,
reviews will be conducted by the office of the Ombudsman of Ontario.
REPORT NO.:CLD-036-07
PAGE 3 OF 5
Proposal
Local Authority Services Ltd. (LAS) is a wholly-owned subsidiary of The Association of Municipalities
of Ontario (AMO) which supports municipalities and the broader public sector by delivering programs
and services that leverage economies-of-scale and co-operative procurement efforts. LAS is offering
a meeting investigator service and have forwarded a proposal to all municipalities in the province.
Should a municipality choose to enter into an agreement with LAS for the delivery of this service, a
standard by-law is provided by LAS which incorporates an agreement between LAS and the
municipality. This by-law reflects the intention of LAS to delegate its authority to a third-party
company (Amberley Gavel Ltd.) who will provide a panel of Review Officers who will conduct
investigations. All Review Officers are familiar with municipal government and are required to
participate in training regarding municipal and local board meeting processes, as well as investigative
processes. A list of all Review Officers will be available to program members.
The LAS investigation process will be as follows:
· A person files a request for investigation with the Clerk.
. The Clerk forwards the following information to the Investigator:
... the original request for investigation
... certified copies of the municipal procedure by-law, notice policy, notice of the meeting
... certified copies of the agenda with all relevant attachments for the meeting and the minutes of
the meeting
... contact list for all members of Council, local board, or committee for which the request is made
and for all persons present at the meeting
... such other information determined to be relevant by the Clerk or by LAS
REPORT NO.:CLD.036-07
PAGE 4 OF 5
. The Initial review by the investigator may result in the individual withdrawing the request, a
decision not to proceed with reason, or a decision to proceed with the investigation.
. In the case of withdrawal, or decision not to proceed, the investigator notifies the parties.
. If the decision is to proceed, a Review Officer is assigned and an investigation is performed.
. A draft report is filed with the investigator for review
. If circumstances warrant, the municipality or local board will be given a formal hearing opportunity.
· A final report is prepared and submitted to the council, or local board and council, and posted on
the investigator website.
LAS Fees
There are two types of fees with respect to the agreement with LAS. The first is a retainer fee of
$600 which covers the 2-year term of the agreement. This retainer allows for educational materials to
be developed and provided to municipalities and local boards and also covers administrative
overhead.
The second fee is the daily rate for actual investigations. Fees for an investigation will be billed
hourly, based on $1250/day (+ all applicable taxes) plus travel expenses and other "out of pocket"
expenses (ie, meals, accommodation and administration such as copying). Review Officers will be
located geographically around the Province to minimize costs to municipalities.
In addition to the meeting investigator service, LAS will provide the municipality with a password-
protected website that will provide a variety of information resources including access to all reports
made to date, as well as information on the panel of Review Officers and information and suggestions
on closed meetings as part of an ongoing education program.
REPORT NO.:CLD-036-07
PAGE 5 OF 5
Requester Fees
In accordance with Part XII of the Act, a municipality can establish fees for requesting an
investigation. Upon receipt of a request, staff time will be required to prepare the information
package that is to be forwarded to LAS. It is, therefore, recommended that a request fee of $25 be
established.
Recommendations
At this time, municipalities are unaware of the number of requests that may be received once the
legislation comes into effect on January 1, 2008. It is recommended that the municipality enter into
an agreement with LAS for the investigation services rather than default to the Provincial
Ombudsman or appoint a specific individual. The initial term of the agreement will be for two years,
ending on December 31,2009. At that time, the municipality will be able to review the services
provided and determine whether to continue with the agreement or pursue other alternatives for the
service delivery. As noted above, it is also recommended that the municipality charge a $25.00 fee
for the filing of a request.
Upon approval of the recommendations contained herein, a by-law will be forwarded to Council
authorizing the Mayor and Municipal Clerk to execute the agreement.
Interested parties to be advised of Council's decision:
Local Authority Services