Investigation Report: Ombudsman Act – Rural Municipality of Cornwallis
investigations & monitoring
municipal / local body
Summary
A complaint was made to our office that the Reeve of the RM of Cornwallis disclosed closed meeting confidential information to third parties. During the investigation we reviewed the circumstances including documentation and interviews with parties and witnesses involved. We found the information in question was discussed in a closed meeting and that there was no evidence that council had decided to make the information public or had discussed the information in a public meeting. Both The Municipal Act (Section 83) and the municipality’s Procedure By-Law outline the requirement to keep matters discussed at closed meetings confidential until the matter is discussed in a public meeting. Additionally, The Municipal Act states that if the confidentiality requirement is breached by a member of council, the member is disqualified and must resign immediately.
We made three recommendations including that the council and chief administrative officer receive training on their responsibilities under Section 83 of The Municipal Act, that the council adhere to the requirements of the act relating to confidentiality and disqualification and that the municipality issue an apology to an affected individual who was impacted by the disclosure of information.
Case MO-07023