A closed meeting investigator has found that Erin council was in compliance with the Municipal Act, after two complaints about a closed meeting sparked an investigation.
John Maddox, the investigator for the town, said in a report that he received two complaints about the closed meeting held on Jan. 19 (one complaint was initiated by the Advertiser).
The investigation surrounded the purpose of the closed meeting, which was alleged to be an inappropriate use of exceptions outlined in the act.
The municipality was considering a shared service agreement for a bylaw enforcement officer.
Councillor Rob Smith requested a report on the bylaw services in September and council debated the motion in October, but nothing was heard on the position until CAO Kathryn Ironmonger sought approval for budget money on Jan. 13.
Mayor Allan Alls confirmed to the Advertiser council discussed the position in a closed meeting on Jan. 19.
The Advertiser complaint suggested any discussion on the position itself (justification, costs and other basic details) should have been held in open session.
However, Maddox supported Erin officials, who stated the meeting was closed due to a discussion about an identifiable individual.
“The fact that the Town of Erin had an incumbent in the position presently may have contributed to the decision to close the meeting since it would/could impact on an identifiable individual,” he explained in the report.
“The complaint suggests however, that the objection really centres around the ‘shared service’ proposal that has not had extensive public discussion (exposure) prior to Jan. 19.”
Maddox said after meeting with the clerk and CAO, he does not believe Erin council discussed the shared service proposal.
He went stated it would not likely be possible to separate discussions on the proposal without talking about the person currently holding the bylaw officer position.
“The existing employment situation dictates that council needed to have some discussion as to the impact on their full-time staff person – the incumbent is entitled to a certain level of privacy and consideration,” the report states.
“In these circumstances it is very difficult to dissect the scenario that would only allow conversation about the current staff situation and ignore the possibility of a future ‘shared service’ arrangement.
“The details on this new ‘shared service’ proposal had not been negotiated at the time of the Jan. 19 meeting and as a result the discussion was short on substance.”
Maddox concluded, “In my opinion the council exercised the ‘closed session’ provisions with caution and sensitivity.”
Recommendations
Maddox did offer recommendations to Erin staff and council to provide “greater clarity and transparency,” including:
– agendas should indicate which closed session matter is relying on which Municipal Act exception;
– the resolution to go to closed session should provide some indication of the general nature of the matter;
– when in closed session caution must be exercised so as not to wander off topic; and
– the town should have “a rise and report” procedure.
Council received the report for information at its March 1 meeting without discussion.
“There’s really nothing to discuss. He found us legit,” said Alls.
