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Document
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M-802
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File #
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M-9600049
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Institution/HIC
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Cornwall Police Services Board
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Summary
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The Cornwall Police Services Board (the Board) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to several categories of information related to the competition to select a new Chief of Police. The requester was an unsuccessful candidate in that competition. The Board identified several records as being responsive to the request and provided partial access to them. The Board denied access to some records, either in whole or in part, on the basis of the following exemptions in the Act : closed meetings - section 6(1)(b) advice and recommendations - section 7(1) information publicly available - section 15 invasion of privacy - sections 14(1) and 38(b) evaluative or opinion material - section 38(c) The Board also indicated that certain records did not exist. The requester appealed the denial of access and maintains that additional responsive records should exist. During mediation of the appeal, the appellant indicated that he was not seeking access to the personal information of other individuals. He also confirmed that he was not seeking access to the newspaper media release which the Board had exempted under section 15. However, the existence of additional radio media releases remains at issue in the context of the reasonableness of the Board's search for responsive records. This office sent a Notice of Inquiry to the Board and the appellant. The Notice raised the issue of the application of section 38(a) to the records. This section gives the Board the discretion to deny an individual access to his or her own personal information in circumstances where other exemptions, including sections 6 and 7, would apply. The Notice also requested the Board to forward the balance of the records at issue to this office. It its submissions, the Board identifies the records at issue as consisting of notes taken at four meetings involving the Chief Selection process (the meeting notes) and the consultant's materials prepared to assist the Board in its recruitment of a Chief (the consultant's materials). The Board included a copy of the consultant's materials with its submissions. The Board had previously provided this office with a copy of the consultant's materials. This copy differs from the one recently received in that it contains three additional pages which I will consider as forming part of the records at issue in this order. In addition, the Board had provided this office with copies of two records both of which are entitled "Resume Screening Guide for Chief of Police Position". These documents represent the results of the screening of the appellant's resume by two different individuals. They contain solely the personal information of the appellant. The Board has not claimed that any discretionary exemptions apply to these records. Nor are they subject to any mandatory exemptions. In these circumstances, they should be disclosed to the appellant. It its representations on the application of section 7(1), the Board stated that the consultant's materials consist of "... the proprietary materials developed by [the consultant]". As this statement raised the possibility of the application of section 10(1) of the Act (third party information) to these records, a Supplementary Notice of Inquiry was sent to the parties, including the consultant. This Supplementary Notice sought representations on the possible application of section 10(1) to the consultant's materials. Representations were received from the consultant and the Board in response to the Supplementary Notice. The records to which the Board applied the exemption in section 38(c) of the Act have been disclosed to the appellant. Accordingly, this exemption is no longer at issue.
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Legislation
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MFIPPA
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14(3)(f)
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6(1)(b)
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7(1)
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10(1)
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Subject Index
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Signed by
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Anita Fineberg
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Published
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Jul 09, 1996
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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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