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City cleared of wrongdoing by ombudsman

Councillor wants name of complainant

Aug 06, 2008 - 04:19 PM

By Jillian Follert

OSHAWA -- The Ontario Ombudsman has wrapped up an investigation into closed council meetings that took place last winter and cleared the City of any wrongdoing.

In May, Ombudsman Andre Marin informed Mayor John Gray and council he would be looking into a complaint about closed council meetings held in January 2008.

The meetings related to the future of Oshawa's waterfront, specifically whether public relations firm Fleischman Hillard Canada should be hired to develop a campaign to pressure the federal government to act on the harbour lands.

"Our review has determined that the closed meetings were convened in keeping with the relevant exception of the Municipal Act," reads a letter from the Ombudsman's office, to Mayor John Gray. "We have determined that the purpose of both meetings was ultimately to discuss the issue of the redemption of caveated Oshawa harbour lands from the federal government."

Mayor Gray was pleased with the outcome, calling the process "healthy."

"This kind of thing puts us all on notice so that politicians and staff make sure we're always going in-camera for the correct reasons," he said.

Up and above dealing with property matters, the mayor noted the January meetings fell into in-camera territory because they dealt with the City's confidential submission to David Crombie on the future of Oshawa's waterfront.

"As the person whose motion was actually being investigated, I'm happy we have been exonerated," said Councillor Brian Nicholson, who made the motion to move the issue in question behind closed doors. "We followed all the transparency and accountability rules."

Coun. Nicholson also called for the name of the complainant to be released, saying he believes it was "politically motivated," because there were parallels between the wording of the complaint and e-mails circulated by a member of council about the closed meetings.

City Clerk Sandra Kranc said the Municipality was not provided with the name of the complainant in the letter sent by the Ombudsman's office, while officials there said that information won't be forthcoming.

"As a rule, we never release the names of complainants," said Linda Williamson, spokeswoman for the ombudsman.

In January 2008, the public was given the ability to file a complaint if there was suspicion a municipal council, board or committee met behind closed doors for reasons other than those allowed under the Municipal Act.

Under the new legislation, municipalities were required to appoint a closed meeting investigator of their own or allow the Ontario Ombudsman to assume the responsibility -- Oshawa was one of many municipalities that opted for the latter.

Since the legislation was enacted, the ombudsman has investigated three municipal councils: Fort Erie, Sudbury and Oshawa.

All three concluded the closed meetings in question fell within the letter of the law.

However, the Ombudsman still stressed in various reports the importance of holding open meetings whenever matters of great public interest are at stake and providing detailed explanations on why a meeting will be closed, if that is the case.

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