Council will be reframing how it details closed sessions on public agendas.

Two complaints from members of the public about a single closed session, held September 10, 2024, have been investigated by Local Authority Services Limited (LASL), a Closed Session Investigator.

The first instance concerned a discussion about the Athol Recreation Committee that led to a motion to dissolve the Committee. The investigation found no contraventions to the Municipal Act and LASL confirmed the meeting was properly held in closed session for a permitted purpose: to make advisory committee appointment decisions.

But the second examination, which dealt with a closed discussion of both Kaitlin Corporation and Picton Terminals, found that while Council was entitled to go into closed session for legal reasons, the resolution on the agenda fell short. It needed to provide a description of “the general nature of the matters to be considered.”

LASL found an infraction of Section 234(4) of the Municipal Act in Council’s failure to include more information on the general nature of the closed session.

“Generally, a resolution that is required to properly convene into closed session should provide a ‘general description’ of the issue to be discussed in a way that maximizes the information that is made available to the public. Merely including the applicable clause in the Act is insufficient,” said the report.

A new closed meeting protocol will increase transparency, regularize the decision to enter into closed session, and standardize how such items are reported. How a decision is reported back to open session will also made clearer.

Moving forward, before submitting a matter for consideration at a Closed session of Council, Department Directors will consult with the Clerk and the CAO. The Municipal Lawyer may also be consulted.

Before holding a Closed Meeting, Council will pass a resolution stating that it is holding a Closed Meeting, and the general nature of the matter(s) to be considered at the Closed Meeting.

“Such a resolution should maximize the information available to the public, while at the same time not undermine the reason for excluding the public in the first place,” says the LASL report.

The new closed session process will be in place in time for the next regular meeting of Council, January 28.