The Ontario Ombudsman has ruled that the Municipality of Whitestone “contravened” the Municipal Act on multiple occasions in late 2022 and early 2023.
In a report released earlier this month, Ombudsman Paul Dube stated the municipality did not provide adequate notice of council meetings in December 2022, and January, March and April of 2023.
According to Dube, no information was provided to the public on how to observe the special council meetings held on December 21, 2022, and January 5 and March 13, 2023; and public notices for the regular council meetings held on March 21 and April 13, 2023 contained incorrect Zoom information.
The report also stated that public notice of the April 4, 2023 council meeting was provided on the Municipality’s website. However, on the day of the meeting, the website was inaccessible.
Dube’s report highlighted the fact council was aware that the public might not have been able to access the meetings on April 4 and April 13, 2023, stating that “the recordings of both meetings capture council debating and defeating motions to postpone the meetings.”
“Council’s comments during the April 4 and April 13, 2023 meetings show a critical misunderstanding of the public’s democratic right to access meetings and observe government in action,” stated Dube, in the 16-page report.
“The Municipality’s ‘no harm, no foul’ attitude must be rejected,” he added. “Compliance with the law is not optional. Council may not breach the mandatory requirements of the Act when they feel that no harm may come from failing to provide adequate public notice.”
The report also stated council contravened the Municipal Act by failing to state by resolution the nature of all matters to be considered in closed sessions on March 13 and April 4, 2023.
Dube concluded his report with three recommendations:
- All members of council be vigilant in ensuring the Municipality complies with its responsibilities under the Municipal Act.
- The Municipality of Whitestone ensure all meeting notices include accurate information about the time and location of the meeting, including how the public can access electronic meetings.
- Council ensure all resolutions to proceed in camera provide a general description of all issues to be discussed in a way that maximizes the information available to the public while not undermining the reason for excluding the public
The full report can be viewed at www.ombudsman.on.ca.
