Apr 27, 2009 - 05:40 PM

By Jillian Follert

Comments (0)

OSHAWA -- The City of Oshawa has had its wrist slapped not once, but twice, by Ombudsman Ontario.

On Monday, the Ombudsman's office released a report called 'Pirating our Property,' that lambastes the City for its conduct during a recent investigation.

"Never, in this history of this office, have I seen anything like this," said Ombudsman Andre Marin. "It blows my mind. I can't recall another body being so cocky and so unwilling to co-operate with us."

Mr. Marin recently wrapped up an investigation into a complaint about a May 22, 2008 meeting of Oshawa council's development services committee.

The complainant alleged politicians improperly met behind closed doors for an "education session," which dealt with the owner of a controversial composting facility.

Mr. Marin concluded the meeting was illegal and issued a final report to the City last month.

But, before that, he lent the City a copy of his preliminary report, to give staff and politicians a chance to look over the findings. It's something he is required to do by law, on the condition that the body being investigated keeps the report confidential, doesn't make any copies of it, and returns the preliminary report to the Ombudsman's office.

That's where the City got itself into deeper trouble.

Mr. Marin said Mayor John Gray and City Solicitor David Potts refused to return the report, and that they sought to play a game of "legal chicken," daring his office to engage in pointless and expensive litigation.

"We found out the photocopier was going like mad, they were making copies of the report...and then they refused to return it to us," Mr. Marin said. "They should not have accepted the report if they weren't going to meet the conditions."

Mayor Gray defended the City, saying copies had to be made to allow staff to look over the information and provide input in a timely manner.

As for returning the report, the mayor said doing so would have been problematic.

"We got an opinion form our clerks and legal departments, that if we returned it, it would violate the Municipal Act, MFIPPA (the Municipal Freedom of Information and Protection of Privacy Act) and the City's records retention bylaw," he said.

The mayor criticized the ombudsman for making such a big deal of the situation, saying Mr. Marin has been unreasonable in his dealing with the City, and he has "lost his objectivity."

The Ombudsman's full report is available online at newsdurhamregion.com. The report of his earlier investigation into Oshawa's closed meeting of May 2008 must be made public by the City before the ombudsman's office can release it. Oshawa council was expected to discuss releasing the report at its meeting tonnight.