BackStrong public interest in local government transparency has exposed troubling gaps and weaknesses in the system for holding municipalities accountable, Ontario Ombudsman André Marin says in his latest report, released today.
Complaints to the Ombudsman about closed meetings in municipalities across the province more than doubled over the past year – a sign of both “healthy democracy” and “disturbing secrecy,” Mr. Marin says in the report. The cases ran the gamut from “backdoor, backroom discussions” and political “histrionics” to “historic advancements in transparency technology,” he notes.
The Ombudsman’s report reviews highlights of 246 cases received by his office’s Open Meeting Law Enforcement Team (OMLET) from September 1, 2012 to August 31, 2013. It also reflects on the state of the “Sunshine Law” in Ontario – the public complaints system whose “deep flaws” have become increasingly evident since its inception in 2008, according to Mr. Marin.
Under the Municipal Act, 2001, all meetings of councils, local boards and their committees must be open to the public unless they meet certain narrow requirements. However, there is no consequence for violating the law, and municipalities can hire their own investigator if they choose not to use the free services of the Ombudsman’s office or dislike the Ombudsman’s findings – a practice Mr. Marin derides as “oversight shopping.”
He calls on the province to strengthen the Municipal Act by imposing penalties, invalidating the results of illegal meetings, and bringing all municipalities under a single, independent investigator. “If open meetings are the law, then interpretation and enforcement of the law should not vary according to where you live and the predilections and peeves of your local politicians – or whoever they appoint to conduct their investigations,” he says. “There should be one investigator, not a patchwork.”
To see the full press release and the OMLET Annual Report 2012-2013, please visit the website of the Ontario Ombudsman.
Source: Office of the Ontario Ombudsman, Canada
