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Document
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MO-1193
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Institution/HIC
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Toronto Police Services Board
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Summary
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BACKGROUND: The appellant, an employee of the Ministry of the Solicitor General and Correctional Services, applied for a position as a Police Constable with the Toronto Police Service (the Police). After proceeding successfully through most of the recruitment process, he was informed by letter on July 15, 1998 that his application would not be considered further in the process or re-activated in the future. In the same letter, he was also informed that employment-related records were excluded from the jurisdiction of the Municipal Freedom of Information and Protection of Privacy Act (the Act ) and requests to access employment-related information would not be considered. The appellant initiated a meeting with the Recruitment Department and was informed during this meeting that he was never going to be a police constable with the Toronto Police Service, that something in his background check was the reason for this, that any person who received such a letter always knows "deep down" the reason for it, and that the Police did not have to disclose reasons for this decision. Subsequently, the appellant returned to the Ministry of Solicitor General and Correctional Services and asked to examine his personnel file. After being permitted to examine his file, being assured by his employer that he was not subject to any investigation and was, in fact, considered by all accounts to be an excellent employee, the appellant again contacted the Police. He was informed by the Recruitment Department that he was "screened out" and that his application was not to be accepted ever in the future. After reviewing the data files on the computer, the Recruitment Officer told him that the Police were certain that he had "established a pattern" which indicated his unsuitability for a career in policing. NATURE OF THE APPEAL: The appellant made a request under the Act to the Police. The request was for access to: ... a complete copy of my personal file as a candidate with the Toronto Police ... This file request is inclusive to all aspects of my progress within the recruitment process (ie GAT.B, MMPI-2, Interview scores and answers, background analysis in detail). Please specify the area of concern Toronto Police had with my candidacy for Police Constable, which ultimately resulted in my permanent exclusion from future employment considerations within this field (ie. Police Constable with Toronto). The Police located 212 pages of records responsive to the request, and access to them was denied on the basis that section 52(3) took the records outside the scope of the Act . The appellant appealed the denial of access. During mediation, the Police specified that they were relying upon section 52(3)3 in this appeal. I sent a Notice of Inquiry to the Police and the appellant. Representations were received from both parties. RECORDS: The record at issue is a file relating to the appellant's application for a Police Constable position. The record consists of 212 pages and contains an application for employment, a background investigation report, employment reference reports, letters of reference, personal history forms, personal certifications, summary evaluation sheets, interview notes and test results, an authorization for the collection of personal information, and correspondence. ISSUES: JURISDICTION: In this appeal, the sole issue to be decided is the interpretation of sections 52(3)3 and (4) of the Act . These amendments to the Act may apply to the records requested by the appellant. If section 52(3)3 applies, and none of the exceptions found in section 52(4) apply, section 52(3)3 has the effect of excluding records from the scope of the Act , which removes such records from the Commissioner's jurisdiction. In order to fall within the scope of paragraph 3 of section 52(3), the Police must establish that: 1. the record was collected, prepared, maintained or used by the institution or on its behalf; and 2. this collection, preparation, maintenance or usage was in relation to meetings, consultations, discussions or communications; and 3. these meetings, consultations, discussions or communications are about labour relations or employment-related matters in which the institution has an interest. Collected, prepared, maintained or used The Police submit that the records were collected and/or prepared by the Police to assess the appellant's suitability for employment as a Police Constable and were used by management personnel in relation to the final decision concerning the appellant's application for employment. The records document the recruitment process, and it is apparent on review of each of them that they were collected, prepared or used by the Police as part of this process. Accordingly, I find that the first requirement under section 52(3)3 has been met. In relation to meetings, consultations, discussions or communications The Police submit that the records were prepared following consultation and discussions in relation to the application and are substantially connected to the hiring process. The Police submit that the records communicate to management personnel the subsequent findings of the recruiting officer responsible for processing the application. Despite the fact that this part of the Police representations speaks only to those records prepared by the Police, it is apparent on review of the records that they all were collected, prepared or used in relation to meetings, discussions or communications which took place in relation to the appellant's application for employment, and the second requirement under section 52(3)3 has also been met. Labour relations or employment related matters The Police submit that requirement 3 has been met, b
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Legislation
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Subject Index
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Published
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Mar 01, 1999
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Type
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Order
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