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M-466

Document		M-466


File #		M-9400458


Institution/HIC		Nipissing Board of Education


Summary		This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The requester, an employee of the Nipissing Board of Education (the Board), was involved in a sensitive matter which resulted in a disciplinary letter being placed in his personnel file. As a result, the requester initiated grievance proceedings against the Board and requested access to his personnel records as well as any documentation relating to the requester's involvement in this matter. Access to records responsive to the request was denied and an appeal to the Commissioner's office was filed. The appeal resulted in the issuance of Order M-327 in which Inquiry Officer Anita Fineberg upheld the Board's decision to deny access to ten records and ordered the Board to disclose two records. The Board was also ordered to provide the appellant with a decision on access to those records identified as being contained in a "grievance file" relating to the appellant which was not addressed in its earlier decision. The Board complied with the terms of Order M-327 by issuing a decision letter to the requester in which it granted access to 12 of 16 responsive records contained in the requester's grievance file. The Board denied access to the remaining four records claiming the application of the following exemptions contained in the Act : solicitor-client privilege - sections 12 and 38(a) closed meeting - sections 6(1)(b) and 38(a) invasion of privacy - sections 14 and 38(b). The requester appealed the Board's decision. A Notice of Inquiry was provided to the appellant and the Board. Representations were received from both parties. In its representations, the Board raises the issue of the authority of the Commissioner under the Municipal Act to delegate certain decision-making powers to his staff.


Legislation		MFIPPA 6(1)(b) Section 12 43(1)


Subject Index		Delegation of Power or Duty order city to issue decision letter to delegate


Signed by		Donald Hale


Published		Feb 21, 1995


Type		Order


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