By Lindsey Cole
The Oshawa Express

Mayor John Gray calls it silly. Ridiculous. But Ontario Ombudsman André Marin says municipalities must respect the law when they engage in the services of his office. This all
stems from two investigations conducted by his office that pertained to the City of Oshawa
and some recent wrongdoing. The problem started last May after the ombudsman received a complaint that an Oshawa council committee, the Development Services Committee headed by Louise Parkes, was discussing an education and training session with representatives from a recycling company that had been the subject of odour complaints. The topic of the closed meeting was to discuss the firm’s compost facility and potential future development. However, while the discussion may well have been deemed appropriate to go behind closed doors, the committee did so incorrectly causing a heap of trouble for the City.

The ombudsman concluded in March that the meeting went beyond what is permitted in a closed session and was therefore illegal. But the problems didn’t stop there for the City of Oshawa. At the time of submitting his final report to the City he learned a preliminary report he had submitted earlier had been distributed among the City clerk as well as other staff
members, he said in a press release Monday. This was contrary to the handling instructions given to the City, which stipulated the report not to be copied or handed out, Marin says in a press release. It was also to be returned to him. But it never was, he says, despite his communication with Mayor John Gray. This is a broken promise and against the law, Marin adds.“For more than 30 years, the Office of t h e Ombudsman of Ontario has been accorded co-operation and compliance by government authorities.

Displeased with the report we issued in response to a closed meeting complaint, the City of Oshawa has broken that trend,” Marin says in the release. As a result, Marin says he decided
to go public with the matter instead of going through a lengthy litigation process. He has written a report called‘Pirating our Property,’ which outlines the City’s responsibility in this case as well as his findings. According to the release, under the Municipal Act, municipalities are free to opt out of having the ombudsman investigate complaints and can hire their own investigators, but the City didn’t do so in this case.“It appears that Oshawa doesn’t want a watchdog but a lapdog,” Marin says.“If that’s the case, I would invite the city to opt out of the current arrangement. Municipalities cannot ask for the credibility and the independent stamp
of our office, and then try to pull the strings. They can’t have it both ways.”

The ombudsman typically acts as a watchdog for Ontario municipalities and also enforces open meetings. When it comes to the initial complaint, Councillor Louise Parkes says the closed meeting was simply an oversight and she apologizes for the error.“It was innocent. We were dealing with a private operation. We made a technical error,” she says, adding the committee didn’t move a motion to go into a closed meeting and therefore missed a step before entering the incamera session. However, the second half of Marin’s concern is simply ridiculous,
says Mayor Gray.“It’s a bit puzzling that he would have a meltdown,” he says.“It’s a bit preposterous. I think the ombudsman lost track of accountability and transparency. We should all be able to live happily ever after. I think the response is very over the top.”

He says sending the report back didn’t follow the transparency rule that he and council go by and making copies for the clerk was simply a matter of procedure.“It’s silly. What does the ombudsman have to hide? I think it’s foolhardy. I think he’s just carried it too far.” To see the ombudsman’s full report visit www.ombudsman.on.ca