Does Council Prefer Political Buddies Over Qualified Appointees? TPR Files FOI Request to Determine the Facts – TPR Hamilton | Hamilton's Civic Affairs News Site

January 8, 2019
Do Hamilton City Councillors prioritize the appointment of their personally connected friends over more qualified Hamiltonians in determining the members of the City’s Agencies, Boards, and Committees (ABCs)?
The Public Record is setting out to determine if this is or is not the case.
On December 20, 2018, I filed a Freedom of Information request to the Hamilton City Hall asking for a list, in Excel or CSV format, of public information regarding ABC applicants.
Specifically:
As is the practice of the City of Hamilton, the City Clerk will wait 30 days prior to mailing, via Canada Post, their response to TPR’s formal application under the Municipal Freedom of Information and Protection of Privacy Act.
The MFIPPA Act requires municipalities to respond to formal requests within 30 days. Lettermail post marked on the 30th day meets the minimal requirements of the Act. Whereas other municipalities will communicate by email, Hamilton increases FOI costs and delays by use of Canada Post.
Hamilton City Council operates the worst ranked municipal freedom of information office in Canada, as measured by the Newspapers Canada annual FOI audit.
The Public Record is preparing for a likely quasi-judicial battle for this public information; as Canada’s worst municipal freedom of information office, the City of Hamilton commonly denies requests with frivolous claims of exception.
TPR’s request has been tailored to ensure an eventual release order from the Ontario Information and Privacy Commission. Here the reasons why the information requested must be released under MFIPPA.
The Public Record is not requesting any personal information, I am not requesting copies of any documents submitted by the candidates, not requesting the minutes of decision making of the Selection Committee, and not challenging the decision of the Selection Committee to exercise Section 239 of The Municipal Act to make its decisions in closed session.
Simply put, the MFIPPA request is to determine if the concerns regarding possible disqualification of qualified persons for political reasons from serving on public agencies, boards, and committees is true or false.
This information will eventually be released. That fact alone will have to be considered by the Selection Committee. I’ll update you when I receive the City of Hamilton’s mailed response delivered by Canada Post.
Prior to the close of applications, I provided seven people advice on the appointment process, and reviewed three people’s applications.