Hamilton City Clerk Andrea Holland did not contact Ontario’s Privacy Commissioner about the claimed breach of the Municipal Freedom of Information and Privacy Protection Act she reported City Council, which resulted in a Hamilton Integrity Commissioner investigation.
On Thursday, following Mayor Fred Eisenberger’s public declaration that a breach of the Municipal Freedom of Information and Privacy Act had occurred, The Public Record sought the decision with findings of the breach.
City Clerk Holland, despite the requirement of the Act to release reasons, has refused to respond to questions from numerous individuals for the decision.
Ontario’s Office of the Information and Privacy Commissioner of Ontario was not notified of the breach.
“From our records, we have not yet received any breach report from the City of Hamilton related to this matter”, wrote a IPC spokesperson in response to TPR‘s request for the status or outcome of any IPC investigation into the matter.
“We will be reaching out to the City of Hamilton to determine the details of the incident the Mayor referenced in his statement”.
The City of Hamilton declared the City’s volunteer citizen LGBTQ Advisory Committee to be a Local Board to enable the Integrity Commissioner to launch a quasi-judicial investigation into the Chair of the LGBTQ Advisory Committee Cameron Kroetsch.
The investigation involved the alleged breach and comments Kroetsch made critical of Council and City Hall cover-ups.
On Wednesday, Council voted 12-2 to declare the privacy violation and to reprimand Kroetsch. The allegation made by Holland is Kroetsch violated MFIPPA by republishing public information involving the job title of a City position, and comments critical of a public official.
The alleged serious violation of the Municipal Freedom of Information Act is show in the graphic below produced by a Hamilton resident.
Production Details v. 1.0.0 First published: October 2, 2020 Last edited: October 2, 2020 Author: Joey Coleman Edit Record v. 1.0.0 original version