At the August 6 Council in Committee meeting, Council members were informed by CAO Sue Klatt of a decision that had recently been handed down by the province’s Information and Privacy Commissioner (IPC). Council learned that the IPC Adjudicator found fault with the Township’s handling of a Freedom of Information (FOI) request that it had originally received in 2016.
In ordering the Township to conduct another search for relevant records, the Adjudicator said its previous search “was deficient including because of its flawed interpretation of its obligations under the Act” [referring to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)]. As Klatt stated that the Township was represented throughout the process by its lawyers, Belleville firm Templeman Menninga, it must be assumed that it was responsible for the “flawed interpretation.” Mayor Kim Love remarked after Klatt had given her report that “… I was kind of surprised at what we learned through the process that publicly available records would still have to be provided and identified and correspondence that that the Appellant already had also had to be identified …” In fact the Adjudicator’s Decision leaves no doubt that these are well established Freedom of Information requirements.
Klatt did not mention that the Decision also disclosed that Templeman Menninga tried to block the Adjudicator from completing her adjudication without giving a final decision. In rejecting that request, the Adjudicator said that the reasons given by the lawyers were also contrary to previous IPC decisions.
The Township’s decision to withhold access to five documents including in camera minutes,on the grounds of protecting the privacy of other individuals who are mentioned in them was upheld by the adjudicator.
The Adjudicator gave the Township a deadline of August 6 to conduct a proper search and Klatt advised Council that she had complied with that deadline. She concluded her report by listing the financial implications for taxpayers as a result of breaching the requirements of MFIPPA. These included the cost of an IT consultant to carry out an audit, staff overtime and additional fees charged by Templeman Menninga. Click HERE to see Klatt’s report to which is attached a copy of the IPC Decision.