A municipal meeting investigator has concluded recent in-camera sessions held by Mapleton council were conducted appropriately.
A report from Norm Gamble, a municipally-appointed closed meeting investigator, was included on the agenda for the May 14 council meeting.
The report indicates Gamble was asked to investigate a closed session of council held on April 9. The request also included investigation of any other recent council meetings related to a committee of adjustment matter.
The report indicates the request came from Mapleton residents Lori and Alwyn Woodham, who recently filed an Ontario Municipal Board appeal on a committee of adjustment decision. The investigation request also “spoke to various planning matters as well as procedural matters,” the report states.
Gamble stated his investigation began with a telephone conversation with Lori Woodham. He also held telephone conversations with Mapleton CAO Patty Sinnamon and Mayor Bruce Whale.
The report notes “the advisability and/or need of face-to-face interviews was discussed and it was the opinion of those involved this would be considered at the draft report stage.”
A second set of phone calls was held to discuss the preliminary findings of the investigation and the township provided the investigator with copies of agendas and minutes of the April 9 closed session.
Those involved with the request were advised of the scope of the investigation and a general outline of what the final report would look like, the report explains.
The report indicates the investigation found the April 9 closed session “was held according to the Municipal Act as well as the municipality’s procedural bylaw.”
The report also concluded:
– the closed session required a motion to waive the normal notice period as a result of information coming before council recently;
– the motion to waive the notice period as well as motions to move into and out of closed session were appropriate;
– various concerns identified by the requestors over Planning Act and procedural bylaws were found to be outside the scope of the meeting investigator;
– the requestors have made numerous and sincere attempts to address their concerns;
– the request for an investigation was one of various approaches to have the concerns dealt with;
– municipal staff and council have made numerous and sincere attempts to assist the requestors’ issues; and
– the committee of adjustment was found to have no closed sessions over the matter in question.
While noting the investigation revealed “no improprieties,” Gamble pointed out Mapleton’s process includes a verbal report from a closed session after council has resumed in open session.
“Often the public has been encouraged to not wait for council to resume as it is the last item of a long agenda. This advice leaves one to wonder what would have been reported if there was someone left in the chambers when council had returned,” Gamble stated.
“These verbal reports after council met in closed session, even if very general in nature, are important in council’s attempts to ensure as much transparency as possible,” he added.
Gamble also cautioned council against informal gatherings, which could be perceived as closed meetings.
“As is the case with most all rural Ontario municipal councils there is far more social interaction among councillors than can be found in larger urban settings.
“This is often with informal lunches, which may be perceived as ‘working’ lunches or might be seen as ‘closed sessions.’ Mapleton council, like most rural councils finds itself in this situation but has been very careful to ensure these lunches are not ‘working’ lunches,” the report states.
Council was also advised that municipal investigation forms and related information should be easily accessible by the public.
The Woodhams acquired the forms for their request through the County of Wellington website.
Sinnamon noted in an accompanying report to council the meeting investigator policy and the meeting investigation form had not been uploaded to the new township website.
“It has now been added and is of course also available through the clerk’s office,” she stated.
“Pursuant to the municipal act you are to release this report publicly at your earliest convenience,” Gamble states in a May 1 letter accompanying the report. The report was on the agenda for the next regular council meeting.
Council approved a motion to receive the report for information.
However, some members of council wanted to hear more from Gamble.
Councillor Mike Downey asked why Gamble did not present the report in person.
“He seemed to think the written report was sufficient. He thought it was a pretty straightforward issue and I believe it was,” Whale replied, adding there would have been an additional cost to the municipality to have Gamble attend the meeting.
Gamble was appointed as meeting investigator by all Wellington County municipalities, which pay the cost of any investigations.
Otherwise, provincial ombudsman Andre Marin’s office handles the investigations at no charge to municipalities.
Downey noted the municipality pays engineers and other experts to attend council meetings.
Councillor Jim Curry indicated he was satisfied with the written report. However, councillor Neil Driscoll felt Gamble should have been available to respond to questions.
“It’s a big enough issue. I’d like him to attend and explain some of the points he makes,” said Driscoll.
“We can have him attend the next meeting,” replied Whale.
When contacted by the Wellington Advertiser, Driscoll said that among the questions he would like to raise with Gamble is why other members of council, aside from the mayor, were not interviewed.
Although he was aware an investigation had been requested, Driscoll said he was not aware it was underway until he received a copy of the report within the agenda for the May 14 meeting.
Gamble told the Wellington Advertiser that after speaking with Whale and Sinnamon, and reviewing the documents provided, he felt the investigation could be completed without further interviews.
“Sometimes it’s a gut feeling” whether additional interviews are needed, he noted.
He also said both municipal officials and the requestors of the investigation “seemed satisfied with the process.”
Gamble said he provided his contact information to the municipality to be distributed to other involved parties should they wish to contact him.
Gamble said he left the decision about whether to have the reported presented in person or in written format up to the mayor.
