An investigation by Ontario Ombudsman Paul Dube has concluded that the municipal council in Essex failed to comply with provincial open-meeting regulations before holding four separate closed-door sessions last year.
Investigation Findings and Meeting Details
The probe was initiated following a complaint regarding the council's procedures. The sessions under scrutiny occurred on February 20, April 15, April 29, and May 6, 2024.
While the Ombudsman determined that the subject matter discussed in these private meetings legally justified moving behind closed doors, a critical failure was identified. Council did not adequately state the general nature of the matters to be discussed in its public resolutions before entering the closed sessions, a requirement under Ontario's Municipal Act.
What Was Discussed Behind Closed Doors
The report detailed the specific topics of each meeting:
- On February 20, council deliberated on a proposed land purchase and a potential lease to a third party, matters that involved protecting the town's bargaining position.
- The April 15 meeting focused on threats of litigation concerning proposed improvements to the Shepley Drain, where council received legal advice and staff guidance.
- During the April 29 session, council reviewed a confidential proposal from a developer interested in purchasing or leasing municipal land for a new sports facility at the Essex Centre Sport Fields. The Ombudsman noted that the initial part of this meeting, featuring the developer's concept presentation, should not have been closed.
- On May 6, council discussed financial information from E.L.K. Energy Inc., the municipally controlled corporation handling the town's water billing, and received related legal advice concerning potential litigation.
Ombudsman's Recommendations for Improved Transparency
The investigation affirmed that closing the meetings was legally defensible, as the discussions fell under exceptions for land negotiations, legal advice, and confidential third-party information.
However, the report issued key recommendations to bolster public trust and compliance. It instructed the Essex council to provide more detailed resolutions when moving into a closed session, clearly outlining the general nature of the topics. Furthermore, the Ombudsman advised the town to formally document any requests for confidentiality made by third parties to strengthen the transparency of its processes.
In response to the findings, Essex Mayor stated, "Now if you go on our council website ... you can actually find a closed-meeting agenda," indicating steps have been taken to improve access to information.
