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OMBUDSMAN FINDS ORV TASK FORCE CONTRAVENED MUNICIPAL ACT

CITY CAO SAYS TERMS OF REFERENCE FOR TASK FORCE ALLOWED FOR THE MEETINGS IN QUESTION AT THE TIME

BARBARA-ANN MACEACHERN bmaceachern@mykawartha.com

A report from the Ontario Ombudsman recently found that a pair of closed door working group meetings held by the Off Road Vehicle Task Force in Kawartha Lakes last year went against the Municipal Act.

"The Off Road Vehicle Task Force contravened the Municipal Act, 2001 on February 19, 2021 and March 4, 2021, by holding working group meetings that did not comply with the open meeting requirements," reads the report by Paul Dubé, dated April 2022.

"As the Task Force did not believe that these meetings were subject to the Act, notice was not provided, the public was not able to attend, and an official record in the form of meeting minutes was not kept," he says in the report.

The office of the Ombudsman received a complaint in September 2021, leading to the investigation.

Dubé found that both meetings had a quorum of members present and moved the business of the committee forward, including discussion of potential roads to be recommended as trail linkages, and therefore were subject to the open meeting rules of the Municipal Act.

"The two meetings were within the scope of City procedures at the time they were held. Working sessions were held at the suggestion of staff. The City, as a result of the ruling of the Ombudsman, will be introducing new procedures to rectify the issue going forward," says Ward 5 Coun. Pat Dunn who was the chair of the task force before it was dissolved at the completion of the project.

City of Kawartha Lakes CAO Ron Taylor adds that the terms of reference for the task force at the time allowed for working group meetings.

The Off Road Vehicle Task Force was established October 20, 2020 to provide advice and recommendations to council regarding the use of off-road vehicles on municipal roads as trail connectors. Under its terms of reference, there were two types of meetings: formal and working group, "to advance the efforts of the work plan," a term that is not defined, according to the Ombudsman report, nor were minutes required, although notes were taken. The terms of reference, however, also specifically notes the task force was not permitted to hold closed door meetings, according to Dube's report.

"In response to the Ombudsman Report, we are recommending that terms of reference for future committees and task forces continue to allow working groups for their intended purpose while providing clearer guidelines to members for holding working meetings and reporting," Taylor says.

"I acknowledge the City's goal of improving the accountability and transparency of its task force meeting practices and encourage the City to carefully consider the recommendations of this report while updating its procedures," Dubé writes in his analysis.

Recommendations include increased vigilance in compliance with the Municipal Act, including following open meeting rules during meetings in which quorum is met and where the discussion materially advances the task force's business and decision-making and that the city provides training regarding closed meeting provisions.

The task force, which was made up of three councillors and four members of the public, hosted several public consultations and surveys in addition to their regular, public meetings and appearances in front of council during its year-and-a-half lifespan. Its final report was brought to council March 22, 2022. The resulting twoyear pilot project is underway for the 2022/ 2023 seasons, allowing ATVS on specified municipal roads for the purpose of connecting trails in Kawartha Lakes.

Following the ombudsman's report, under the Municipal Act, council is now required to pass a resolution identifying how the recommendations of the report will be addressed. Dubé adds that the city should also make his report public.

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2022-05-19T07:00:00.0000000Z

2022-05-19T07:00:00.0000000Z

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