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Document
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MO-1272
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Institution/HIC
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Halton Catholic District School Board
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Summary
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NATURE OF THE APPEAL: The appellant, the president of a local teachers union, made ten requests to the Halton Catholic District School Board (the Board) under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The requests were for information relating to financing for new schools, personal service contracts of a number of senior staff at the Board, budget information, honoraria for trustees, federal or provincial grants to the Board, retirement gratuities for directors and superintendents, transfer of funds to the bishop's fund or diocese, Board reserve funds and any investments and all new teacher hires. The Board granted access to some of the requested information, denied access to the information regarding new teacher hires pursuant to section 52(3) and informed the appellant that notice was being given to a number of individuals with respect to the requests for personal service contracts and retirement gratuities. The Board also informed the appellant that there were no records which responded to the request for transfer of funds to the bishop's fund or the diocese. The Appellant appealed the decision of the Board with respect to the following five requests. 1. The personal service contract, including any and all compensation, benefits packages, professional fees, bonuses, incidental fees, honoraria and all expenses paid by the Board on behalf of the Director for the years 1994 to 1998 inclusive. (Request 2) 2. Retirement gratuities for the Directors and Superintendents for the years 1990-1998 inclusive. (Request 3) 3. Superintendents' personal service contracts for the years 1994-1998 inclusive. (Request 4) 4. All new teacher hires (Request 10). 5. Transfer funds to the bishop's fund or the diocese (Request 5). During mediation, the appellant agreed to withdraw his appeal with respect to the new hires (Request 10) and the funds transferred to the bishop's fund or diocese (Request 5), leaving Requests 2, 3 and 4, for which no decision had been made, at issue. The Board issued a decision letter dated March 18, 1999, received by the appellant on April 8, 1999, which stated: - that the Board was providing access to one personal service contract in response to Request 2; - that the Board was denying access to records responsive to Request 3 pursuant to section 14; - that the Board was providing access, with the consent of one of the affected persons, to one contract responsive to Request 4 while denying access to three other contracts (Records 2, 3 and 4) pursuant to section 14. The Board subsequently identified additional records responding to Request 4 and issued another decision letter granting access to three more superintendent contracts, Records 6, 7 and 9. The appellant appealed the decision of the Board. The appellant states that information was severed from the record responsive to Request 2 but no exemptions were claimed. In addition, the appellant states that the Board did not respond to the part of Request 2 dealing with benefits, professional fees, bonuses, honoraria, etc. The appellant appeals the application of section 14 to exempt the records responsive to Request 3 and 4. The appellant also states that additional records should exist which are responsive to Requests 3 and 4. This office sent a Notice of Inquiry to the Board, the appellant and five individuals whose interests may be affected by the outcome of this appeal (the affected persons). Representations were received from the Board and one of the affected persons, who consented to the disclosure of her personal service contract. In its submissions, the Board indicates that further searches for records responsive to the requests were undertaken and that additional records were located and will be disclosed. It is unclear to me whether the Board has in fact released these records to the appellant. Accordingly, I will order the Board to disclose to the appellant the record which it has identified as a retirement gratuity to a superintendent and Records 1, 4, 5 and 8. As the individual to whom Record 2 relates has consented to its disclosure, I will also order that the Board release it to the appellant. The only records remaining at issue in this appeal consist of the employment contract of a superintendent (Record 3) and the undisclosed portion of Record 4 relating to the salary of another superintendent. DISCUSSION: PERSONAL INFORMATION Under section 2(1) of the Act , the term "personal information" is defined as recorded information about an identifiable individual, including information relating to the employment history of the individual or information relating to financial transactions in which the individual has been involved (paragraph (b) of the definition) and the individual's name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual (paragraph (h) of the definition). Record 3 contains the name of the affected person along with his/her salary and the terms of his/her employment with the Board, including entitlement to sick leave, vacation and expenses. I find that Record 3 contains the personal information of the affected person as it includes both the affected person's name and other personal information about him or her, specifically this individual's salary and other benefits. Similarly, I find that the salary information which was not disclosed in Record 4 is the personal information of the affected person to whom it relates. The records do not contain the personal information of the appellant. UNJUSTIFIED INVASION OF PERSONAL PRIVACY Once it has been determined that a record contains personal information, section 14(1) of the Act prohibits disclosure of this information unless one of the six exceptions listed in the section applies. In these circumstances the exception at section 14(1)(f) may apply. That provision reads: A
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Legislation
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Subject Index
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Published
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Feb 03, 2000
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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