Judicial Review

M-23

August 9, 2016

TOWN OF GRAVENHURST

The Town of Gravenhurst (the institution) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to:

(1) Any and all resolutions or by-laws of the Town Council relating to negotiations with [named individual] in respect of the position of Chief Administrative Officer and Clerk for the Town of Gravenhurst;

(2) Any and all by-laws or resolutions respecting the employment or appointment of [named individual] to any such position, and the terms and conditions thereof;

(3) A copy of any written agreement, memorandum of understanding or other document setting out the terms of employment by [named individual] in respect of any above such position;

(4) The terms and conditions of any agreement or arrangement for employment or appointment relating to [named individual].

The institution provided the requester with a copy of Town of Gravenhurst Resolution No. 69 dated March 11, 1991, and Town of Gravenhurst By-law No. 91-59 passed April 8, 1991. In Resolution No. 69, the Council of the institution grants the Hiring Committee the authority to "hire a Chief Administrative Officer and Clerk by employment contract under terms and conditions suitable to both parties." By-law No. 91-59 establishes that a named individual is appointed as both Chief Administrative Officer and Clerk for the institution and that "this appointment shall be effective commencing Monday, May 6th, 1991 under the terms and conditions of agreement entered into between the parties dated April 8th, 1991".

The institution denied access to the written agreement entered into between the institution and the Chief Administrative Officer and Clerk (the CAO/Clerk) pursuant to section 14 of the Act. This is the record which is the subject of the appeal. As settlement of the appeal was not effected, the appeal proceeded to inquiry. Notice that an inquiry was being conducted to review the head's decision was sent to the institution, the appellant and the CAO/Clerk. Enclosed with each notice was an Appeals Officer's Report, intended to assist the parties in making representations about the subject matter of the appeal. Representations were received from the institution, the appellant and the CAO/Clerk.