Document

P-85

Institution/HIC  Ministry of Community and Social Services August 18, 1989 VIA PRIORITY POST Appellant Dear Appellant: Re:
Summary  Order 85 Appeal Number 880302 Ministry of Community and Social Services I am writing to you about your appeal of the decision of the Ministry of Community and Social Services (the "institution") regarding your request for records under the Freedom of Information and Protection of Privacy Act, 1987 , (the " Act "). By letter dated July 25, 1988, you made a request to the Information and Privacy Commissioner, which was forwarded by a member of my staff to the institution. The request was for the following documents (Details have been deleted where they might tend to identify you to others who may read this Order.): memos and letters within the files under Ministry of Community and Social Services, [Region] Children's Aid Society and [a named social service agency] for my reference to the name [appellant's name] whether written to [appellant's name] or to any other individual re: [appellant's name]. By letter dated September 29, 1988, which you sent to this office, you appealed a 30-day time extension (to October 18, 1988) which the Ministry had advised that it was taking and clarified that you were seeking the following: documents on me that will prove: a) the Ministry of Community and Social Services orchestrated my termination in 1984 as the Executive Director of [a named social service agency], b) the Ministry of Community and Social Services have black listed me so that I have been unable to secure any employment in the Children's Services or Mental health field, c) that the Ministry of Community and Social Services had made a deal with my lawyer a Mr. [the lawyer's name] so that he would sabotage my wrongful dismissal suite (sic) against the [social service agency's] Board of Directors, d) that the Ministry of Community and Social Services specifically directed the [Region] Children's Aid Society and [Region] Children's Aid Society to harass me with threats of child abuse and that my own children would be apprehended if I persisted in being a problem to them, e) any information transmitted to the [Region] Police Department by Ministry of Community and Social Services regarding me. As you know, as soon as your appeal was received in my office, an Appeals Officer was assigned to investigate the circumstances of the appeal, and to attempt a mediated settlement. By letter dated October 7, 1988, having investigated the extension of the time limit by the institution, a member of my staff informed you that the institution had extended its time limit for response in order to consult with four different people. The extra time was required due, in part, to the decentralized nature of the Ministry. You were informed, at that time, that the record in question would be sent to you on October 11, 1989, some time prior to the end of the period of extension. The letter gave you an opportunity to continue with this issue if you were not satisfied with the explanation given, but you did not do so. By letter dated October 17, 1988, you requested further assistance in ensuring that the Ministry conducted a thorough search for records concerning you. You suggested that memos, reports or correspondence, under the following headings and which mention your name, be searched for: [A list of 19 different organizations and individuals followed.] By letter dated November 15, 1988, a member of my staff advised the institution to search in accordance with your above-noted request. By letter dated December 14, 1988, a member of my staff outlined to you the steps taken by the institution in the most recent search that had been undertaken in accordance with your instructions. You responded by letter dated December 16, 1988, wherein you stated, among other things, that "the Ministry's efforts to search out all documents under the act relating to me fall short, because I am aware of some correspondence under those headings, none of which were forwarded to me". You went on to state, "Considering several of the Ministry's reports to M.P.P.'s [named M.P.P.] and [named M.P.P.] etc. and I also have a copy of a memo sent to the [Region] Office of Community and Social Services (which was not forwarded to me)..." You also suggested that a member of my staff contact a certain third party who, you advised, would support your contentions concerning the institution's alleged desire to have you removed from your previous job. In response to your letters, a member of my staff suggested to you, by letter dated December 29, 1988, that if you were in possession of institution documents which should have been found by the institution pursuant to your request under the Act , that you should forward copies to either the institution or to this office, in order to aid their conducting of a supplementary search. You did not respond to that suggestion. The third party, whom you had suggested a member of my staff should contact, confirmed that you had been terminated, but was not otherwise able to support your various allegations or to advise of the existence of the documents which you believed to exist. A member of the institution's staff had concluded, from a previous telephone conversation with you, that relevant documents in the custody of the Ministry would only be at the Peterborough area office of the Ministry (henceforth referred to as the PAO), but from your more recent comments, it was decided that a search at the institution's offices at Queen's Park was in order. This further search was then conducted at the institution's office, the Assistant Deputy Minister's office and the Operations and Program Information Branch. All the documents at those offices that in any way related to your request were then forwarded to you. You advised my staff, by letter dated February 10, 1989, that you remained dissatisfied. By letter dated March 13, 1989, you were advised that a member of my staff would attend at the institution's offices in order to review what they had done by way of search and would assess the adequacy of that search. You replied, by letter dated April 3, 1989, stating, "I only want to gather any and all documents and data relevant to me and my employment at [a named social service agency] (and dismissal from there) and my current position at [a named social service agency]. I merely want to correct this info
Legislation
  • FIPPA
  • 29(1)(a)
Subject Index
Signed by  Sidney Linden
Published  Aug 18, 1989
Type  Order
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