John Mascarin presenting his report to Lanark County council
A closed session during the August 16th Lanark County community services committee meeting was investigated by Aird & Berlis LLP.
A formal request for an investigation was filed three weeks following the meeting by a complainant, claiming the committee considered a discussion around child care that should have been either entirely or partially held in an open session.
A comment was made on social media which triggered the closed session, which are allowed to be held for two reasons: to discuss litigation or potential litigation matters, and to protect solicitor-client privilege advice.
Closed Meeting Investigator John Mascarin said the committee did not violate the Municipal Act by holding the meeting to retain solicitor-client privilege.
However he felt the reasoning needed to be stronger to go into a closed session in the first place than a social media comment.
In conclusion, the report found the meeting did not violate the Municipal Act and while the reasoning to go in-camera was based off a single comment threatening legal action, the meeting was not improper.
The report cautions council to have more of a solid base to justify a closed-session meeting surrounding potential litigation, but no action is required because they did not contravene the Municipal Act.
Story by Grant Deme