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M-797

Document		M-797


File #		M-9600117


Institution/HIC		The Kirkland Lake-Timiskaming District Roman Catholic Separate School Board


Summary		The Kirkland Lake-Timiskaming Roman Catholic School Board (the Board) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for a copy of an early retirement package provided to the Board's former Superintendent of Finance (the Superintendent). The Board identified two responsive records. They consist of a three-page proposal and covering letter submitted by the Superintendent, and the Board's two-page response. The proposal describes the rationale for the Superintendent's proposal and the figures used to calculate the proposed early retirement package. The Board's response represents an acceptance of the proposal and restates the calculations. The proposal was adopted by the Board on May 23, 1995. The Board denied access to both records on the basis of the following exemption: invasion of privacy - section 14(1) The requester (now the appellant) appealed the Board's decision. This office sent a Notice of Inquiry to the appellant, the Board and the Superintendent. Because the Appeals Officer assigned to the file identified the possibility that the records might fall within the scope of section 52(4) of the Act , this issue was included in the Notice. If section 52(4) applies, and none of the exceptions listed in section 54(4) are present, then the records are excluded from the scope of the Act and are not subject to the Commissioner's jurisdiction. Representations were received from the Board and the Superintendent. The appellant did not submit representations.


Legislation		MFIPPA 14(1)(f) 14(4)(a) 52(3) 52(4)


Subject Index		benefits exception Severance Agreement


Signed by		Tom Mitchinson


Published		Jun 28, 1996


Type		Order


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