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Accountability and Transparency:

When considering filing a complaint please note the following:

  • The Office of the Ombudsman is considered the last resort for individuals who have tried to resolve their concern within the government body; and
  • If for any reason, you do not wish to handle your concern by using the internal mechanisms offered or you have questions about the form that is being supplied on this web site, or have general questions about this process once the complaint is filed, link to the address below for further assistance.

http://www.ombudsman.on.ca/en/make-a-complaint.aspx

Section 270 of the Municipal Act, 2001, as amended (the “Act”) requires the municipality to adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.

Many ingredients of accountability and transparency policy already reside in the Procedural By-law of Council. As well, other provisions in Section 270 of the Act require a municipality to have policies of accountability and transparency for:

  • Its sale and disposition of land.
  • Its hiring of employees.
  • Its procurement of goods and services.
  • The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given.
  • The delegation of its powers and duties.

These By-laws and Policies referenced above represent the policies for accountability and transparency for the Corporation of the City of Welland. This does not preclude that other by-laws and policies of the City of Welland do not contain provisions for accountability and transparency. It is the responsibility of Council, its committees, and the employees of the City of Welland to adhere to the policy of accountability and transparency and to continually monitor and enhance its stated purpose.

Meetings Closed to the Public

 

 

WHY DO MUNICIPAL COUNCILS AND LOCAL BOARDS HAVE MEETINGS OR PORTIONS OF MEETINGS THAT ARE CLOSED TO THE PUBLIC?

Municipal councils, local boards, and their committees must meet behind closed doors on occasion to deal with some matters. For example, if a municipality is being sued or, if council is considering purchasing a piece of land or, if council must deal with a labour relations issue, it is then appropriate that the matter be carried out at a meeting closed to the public.  The purpose of such meeting is to receive information or provide direction to staff or Council.

Local government in Ontario must be transparent and accountable.  To this end, the Province has established rules for a council, local board, or a committee to go into a meeting closed to the public.  These rules are found in section 239 of the Municipal Act, 2001, as amended (the “Act”).  They must be strictly followed.

The permitted reasons for going into a closed meeting are:

  • The security of property of the municipality or local board;
  • Personal matters about an identifiable individual, including employees;
  • A proposed or pending acquisition or disposition of land;
  • Labour relations or employee negotiations;
  • Litigation or potential litigation;
  • Advice that is subject to solicitor-client privilege;
  • A matter authorized by another provincial statute;
  • If the subject matter relates to a request under the Municipal Freedom of Information and Protection of Privacy Act; and
  • If the meeting is held for educating and training and no member discusses or deals with a matter in a way that materially advances the business or decision-making of Council or a local board.

Before a council, or an applicable local board or committee subject to the Act, begins a closed meeting, it must pass a resolution at a public meeting indicating that a closed meeting is being held and what the general nature of the matter to be considered is.  A closed meeting shall not be held by a council, local board or committee before this resolution is passed.

Background

As of January 1, 2008, any person has the right to request an investigation (“Request”) as to whether Council, or an applicable local board or committee subject to the Act, has complied with the closed meeting rules established by the Province or the procedure by-law of the municipality or local board.

The City of Welland will use the Ombudsman, as its Closed Meeting Investigator.  The Ombudsman will determine compliance with the Act or the applicable procedural by-law with respect to closed meetings and will report the results of such investigations.

In the City of Welland, the meetings of the bodies to which this legislation applies are:

  • Welland City Council
  • Audit Review Committee
  • Budget Review Committee
  • General Committee
  • Human Resources Committee
  • Nominating Committee
  • Regional Representative Liaison Committee
  • Business Improvement Areas:
    • North Welland Improvement Area Board of Management
    • Welland Downtown Improvement Area Board of Management
  • Committee of Adjustment
  • Committee of Revision
  • Emergency Management Program Committee
  • Welland Property Standards Committee

 

 

 

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