Prince Township council is promising to do better after Ontario Ombudsman Paul Dubé ruled it violated Ontario's open-meeting law by not telling anyone about a meeting it held on March 15, 2020.
No one knew about the secret conclave held to discuss the future of Mary Lynn Duguay, Prince's chief administrative officer.
Even the township clerk was unaware the meeting was happening, even though it was the clerk's responsibility to post public notice of the gathering.
Councillors approved a resolution last week acknowledging Dubé's Jan. 3 decision, promising to follow the meeting-notice requirements imposed by provincial law and the township's own procedural bylaw.
Dubé ruled that the discussion about Duguay's job performance was properly held behind closed doors because it dealt with a human resources matter about an identifiable individual, as well as advice subject to solicitor-client privilege.
But public notice must be posted even for closed meetings of a municipal council, and Prince's failure to do so in this case meant "the notice requirements were not met and the meeting was improperly closed to the public," Dubé wrote in a letter to the township council.
"According to our investigation, during the evening of March 14, 2022, the mayor sent an email to all members of council advising that an emergency meeting would be held in closed session the following evening," Dubé wrote.
"We were told that council did not make any efforts to provide the public or staff with notice of the meeting."
"The mayor, two councillors, the temporary clerk (who was appointed at the meeting), and the township’s solicitor attended the March 15, 2022 meeting in person."
"Another councillor attended the meeting by videoconference. One councillor did not attend the meeting."
"Council passed a resolution to appoint a temporary clerk for the meeting."
"The meeting minutes indicate that council then moved into closed session 'to consider an urgent human resource matter.' The meeting agenda indicated that council was relying on the closed meeting exceptions in [Ontario Municipal Act] subsections 239(2)(b) and (f) regarding personal matters about an identifiable individual and advice subject to solicitor-client privilege."
"Once in camera, council discussed a human resources matter and voted to direct legal counsel regarding this matter."
"Council then returned to open session and reported that it 'discussed an urgent human resource matter and gave direction to the township lawyer.' Council then voted to adjourn the meeting," Dubé said in his letter to township council.
Dubé said he received separate complaints from two individuals about the March 15 council meeting.
CAO Duguay learned the following day that she had been fired and has acknowledged she was one of the complainants.
"One of the complaints also alleged that the clerk did not attend the meeting and did not delegate their authority," Dubé reported.
Regarding the clerk's role, my investigation found that the township resolved to appoint a temporary Clerk2 for the March 15, 2022 meeting, but did not pass a confirming bylaw to ratify this resolution."
Dubé said that municipal power must be exercised by bylaw unless the municipality is specifically authorized to do otherwise.
"In the future, the township should ensure that it properly exercises its authority when appointing a clerk or deputy clerk under the act," the ombudsman said.
Prince Township isn't the only municipality that has felt the sting of Dubé's criticism in 2023.
As SooToday reported on Jan. 6, the ombudsman determined the City of Sault Ste. Marie'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.
"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," he 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 gathering.
Like Prince Township, Sault Ste. Marie city council passed a resolution last week committing compliance with open-meeting obligations.
With numerous municipal boards and committees starting up after last fall's municipal election with new members and leadership, Sault Ste. Marie city clerk Rachel Tyzinski has been busy providing them with orientation training, including advice about their obligation to hold open meetings unless the law specifically allows them to close their doors to the public,