Under the Municipal Freedom of Information and Protection of Privacy Act, an individual asked the city for information relating to a phase I and phase II environmental site assessment. The city located and provided some records but withheld two environmental site assessments claiming that they contained third party information that is exempt from disclosure because of section 10(1) of the Act. The requester appealed the city’s decision. At adjudication, one of the affected parties claimed that the city did not have custody or control of the assessments.
In this order, the adjudicator concludes that the assessments are within the custody or under the control of the city. He also finds that the records are not exempt from disclosure by section 10(1) and orders the city to provide the assessments to the requester.