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View - The Municipality of Lambton Shores

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3. Notice for the January 30 th meeting, and February 2, 2012 meetings <strong>of</strong> Council. <strong>The</strong><br />

information on the municipal procedures and those used to notify the public <strong>of</strong> these<br />

meetings were provided to the early resolution <strong>of</strong>ficer. <strong>The</strong> decision was that these<br />

were not closed meetings; therefore, it was not within the Ombudsman’s<br />

jurisdiction to investigate<br />

4. PVB Settlement discussion– the rationale for closing the meeting was 239(2)(e) <strong>of</strong><br />

the Municipal Act – litigation or potential litigation. <strong>The</strong> Ombudsman’s <strong>of</strong>fice’s<br />

analysis was that this section accurately reflected the substance <strong>of</strong> the<br />

discussion on the matter.<br />

5. Oversight Committee – A complaint was received that the Oversight Committee may<br />

have held closed meetings. Information was requested on the mandate <strong>of</strong> the<br />

Committee, and details on the meetings. <strong>The</strong> ruling from the Closed Meeting<br />

investigation, dated December 21, 2012, is attached to this report, and notes that<br />

the Oversight Committee failed to follow the open meeting requirements <strong>of</strong> the<br />

Municipal Act and the consultant preparing the minutes from the July 6, 2012<br />

meeting was a breach <strong>of</strong> section 14 <strong>of</strong> the Procedural by-law and the Municipal<br />

Act. (NOTE: As a result <strong>of</strong> the comments in the letter from the Closed Meeting<br />

Investigator, staff will be preparing a report on recommended changes to the Committee<br />

procedures to ensure compliance with the Municipal Act and the Procedural By-law)<br />

6. Community Information Meeting - October 4, 2012 – Information was requested on<br />

the pre-consultation meeting held the 4 th <strong>of</strong> October with the area community groups to<br />

review the material that would be presented at the October 11 PIC meeting. <strong>The</strong> report<br />

from the closed meeting investigator (Ombudsman) on this matter is also part <strong>of</strong><br />

the December 21, 2012 letter, and concludes that the October 4 meeting was not a<br />

“meeting <strong>of</strong> council” and therefore was not subject to the open meeting<br />

requirements.<br />

7. Fire Board Meetings –Information was requested on the Fire Board’s membership<br />

and mandate, and the by-law establishing the Board. <strong>The</strong> Ombudsman’s <strong>of</strong>fice has<br />

advised there will not be a review <strong>of</strong> this issue, as the meeting dates are posted<br />

on the annual calendar on the website, and there was no evidence <strong>of</strong> a closed<br />

meeting <strong>of</strong> the Fire Board.<br />

8. November 13, 2012 – CAO matter discussed in Closed Session. Copies <strong>of</strong> all<br />

minutes from closed and open sessions dealing with this matter were requested. <strong>The</strong><br />

<strong>of</strong>fice is still working on this file and a response has not yet been received.<br />

Respectfully submitted,<br />

Carol McKenzie<br />

Clerk<br />

Attachment 1 – Letter from the Office <strong>of</strong> the Ombudsman – December 21, 2012<br />

159

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