View - The Municipality of Lambton Shores

13. Information pertaining to OMI – Charge for work on Goosemarsh Line Aug 17,
2012, Maintenance Contract, and Scope of Work – Result: Information provided on
Maintenance Contract and Scope of Work – other information was deemed privileged
as the charge was to the homeowner.
14. 58 King Street, Forest – All site plans, building permits, plans, surveys etc.
Result: Information provided.
CLOSED MEETING INVESTIGATIONS:
Municipalities are required to pass by-laws setting out the procedure for holding
meetings, and the “Municipal Act” requires that all meetings be open to the public
unless they meet the limited exceptions. The exceptions are stated in Section 239(2) of
the Act.
Any person may request an investigation into whether a municipality or local board has
complied with the open meeting requirements or the procedural by-law relating to any
meeting or part of a meeting that was closed to the public.
All municipalities were required to appoint a “Closed Meeting Investigator” who would
review inquiries pertaining to violations of the open meeting provisions, and the
Municipality of Lambton Shores appointed the Ontario Ombudsman for this role.
If a complaint is received by the Ombudsman, typically an “Early Resolution Officer” is
appointed, who will contact the Clerk for the background information, which when
provided, is reviewed to determine if a full investigation is necessary. If a formal
investigation is undertaken, the Clerk provides all the requested information, and once a
decision is rendered by the Ombudsman’s office, the municipality is required to report
the decision in open Council.
These requests take a significant amount of time to respond to, and in the past year, the
Clerk has dealt with 8 issues that have been referred to the Ombudsman for
investigation, which were:
1. The July 6, 2011 preliminary discussion that was held with staff, consultants and
several members of Council to ensure that the consultants were prepared to respond to
the issues raised by residents regarding the GBSTP at the next Grand Bend Sewage
Board Meeting. The Ombudsman’s office concluded that the open meeting
requirements of the Municipal Act were not violated.
2. Grand Bend Sewage Board Meeting November 8, 2011 and Lambton Shores’
Council meeting November 21, 2011. The issue with the November 21, 2011 meeting
was that there was no detailed notice in advance regarding the “in camera” portion of
the November 21 meeting. The response from the Ombudsman stated that it is not
a statutory requirement for the details of the “in camera” discussion to be
provided in advance to the public, although it is encouraged. Also, it was
suggested that Section 239(2)(f) of the Municipal Act (advice that is subject to
solicitor client privilege) be used as the rationale for closing meetings when
possible litigious matters are discussed, as opposed to 239(2)e) – litigation or
potential litigation 158