Ontario Ombudsman Paul Dubé has determined the city's tourism board and its cultural advisory committee both held illegal closed meetings in November 2021.
"The cultural advisory committee for the City of Sault Ste. Marie contravened the Municipal Act, 2001 on Nov. 17, 2021, by holding a meeting that did not comply with the open meeting requirements," Dubé said in a ruling to be released at Monday's city council meeting.
"The meeting was not open to the public, as the committee did not provide the public with information about how to attend the virtual meeting," Dubé ruled.
The ombudsman concluded that a meeting of the tourism board on Nov. 25 was similarly illegal because the board didn't provide the public with information on how to attend the virtual meeting.
Dubé received complaints about both meetings.
Both the cultural advisory committee and the tourism board plaint failed to provide adequate notice of their meetings, as the open meeting agenda didn't include a link or information permitting members of the public to observe, the complainant said.
"Posting a video of the meeting afterwards does not satisfy the requirement that the public be able to observe a meeting in process," Dubé said.
Dubé made the following recommendations to the city:
- members of the city's boards and committees should be vigilant in adhering to their individual and collective obligation to ensure that the municipality complies with its responsibilities under the Municipal Act, 2001 and its procedure bylaw
- the City of Sault Ste. Marie should ensure that all meetings comply with the open meeting requirements set out in the Municipal Act, 2001 and the city's procedure bylaw
- the City of Sault Ste. Marie should ensure that all meeting notices include accurate information about the time and location of the meeting, including how the public can access electronic meetings
The ombudsman rejected a suggestion from the complainant that the cultural vitality committee failed to provide sufficient information about why it excluded the public from part of the meeting.
Dubé's decision is on the agenda for Monday's city council meeting.
Councillors are required by law to pass a resolution stating how they intend to address his report.
Dubé commented that both groups have now adopted new open meeting agenda templates that provide the web address for the livestream.
"I commend the city for taking this step to ensure public access to meetings." the ombudsman remarked.