Kincardine, Huron-Kinloss opt for Ombudsman as closed meeting investigator

Both Kincardine and Huron-Kinloss have chosen the Ontario Ombudsman to take on the responsibility of closed meeting investigator.

 

Last night (Nov. 4) in committee-of-the-whole, Kincardine clerk Donna MacDougall said that in 2008, the municipality entered into an agreement with Local Authority Services Ltd. (LAS) for investigation of a closed meeting when a request was submitted. LAS works with the Association of Municipalities of Ontario (AMO).

 

After the 2014 election, council approved the renewal of the contract with LAS for 2015.

There were two investigations in 2014: the first related to closed meetings held during the proposed sale of Bruce Telecom; and the second pertained to the Armow Wind project development agreement. The municipality paid $7,650 to Amberley Gavel for the Bruce Telecom investigation, and $1,575 for the Armow Wind project.

 

MacDougall said that 46 per cent of Ontario municipalities use the Ontario Ombudsman, while 33 per cent are enrolled in the LAS program, and the rest use another investigator. In Bruce County, five municipalities use the Ombudsman, and four subscribe with LAS.

 

Given the level of satisfaction with the Ombudsman's services in this role, no fees associated with the service, the financial impacts where a budget is not established and an investigation is requested, and last year's experience with requests for closed meeting investigations and their associated costs, staff recommended the municipality terminate the contract with LAS and let the Ombudsman serve as the municipality's closed meeting investigator.

 

Also, Kincardine had established a closed meeting investigation fee of $30.77. But the Ombudsman's office has publicly discouraged such fees, so staff recommended elimination of the fee.

 

“Going with the Ombudsman is in our constituents' best interests,” said deputy mayor Jacqueline Faubert. “This service is free of charge so that saves us money. The Ombudsman's site is transparent and it's easy to obtain information.”

 

Mayor Anne Eadie said the municipality went with LAS in support of AMO, but the cost was significant.

 

“So, when we receive a judgement from the Ombudsman, are we going to go with it or disagree with it as we have in the past,” said councillor Randy Roppel.

 

“We had two closed meeting investigations last year,” said Faubert, “and some of us agreed and some of us disagreed. It depends on the context and the legal parameters. In one case, I agreed with the report, but in the other, I disagreed. These aren't legal opinions, but what they say goes.”

 

“Cost is the real issue here,” said Eadie.

 

Committee-of-the-whole agreed to go with the Ombudsman rather than LAS as Kincardine's closed meeting investigator. That decision was ratified by council later in the meeting.

 

Monday night (Nov. 2), at the Huron-Kinloss council general committee meeting, clerk Sonya Watson recommended the township go with the Ontario Ombudsman as the closed meeting investigator, rather than LAS. Council also agreed to repeal the $50 closed meeting investigation fee.

 

In her report to council, Watson said the current retainer of $330 yearly plus HST, and $225 per hour plus HST for LAS could be avoided if the township appointed the Ombudsman.

 

Therefore, as of Jan. 1, 2016, the Ontario Ombudsman would be able to investigate complaints about administrative conduct in the township.

 

Watson added that with the upcoming proclamation of Bill 8, the “Public Sector and MPP Accountability and Transparency Act, 2014,” this will be an opportunity for staff to review the existing accountability and transparency policies and look at establishing a formal complaints registry process so documentation is readily available should an administrative investigation commence by the Ontario Ombudsman.