THE CITY OF WINDSOR VALERIE CRITCHLEY COUNCIL SERVICES DEPARTMENT FOI 45-2016 May 27, 2016 Mr. John Middleton 1691 St, Luke Road Windsor, Ontario N@Y 3N4 Dear Mr. Middleton: Under the provision of the Municipal Freedom of information and Protection of Privacy Act, you submitted an access request on April 29, 2016 in which you asked for the following corporate records: “1) Copy of all legal, coure and advertising costs related to the City of Windsor's Opt-Out campaign associated to the bingo law suit, including but not fimited to billboards, rodio ads, internet ads, commercials of all types, social media ads, lawyers costs, court costs, City of Windsor administrative and employees costs, appeal costs and any other costs associated with the opt-out campaign; 2) The time and date on the e-mail that Councillor Kusmiercayk sent to his Council Assistant that informed them that Mr, Kusmierezyk would be on vacation and wouldn't be able to do City of Windsor business including, not being able to attend Council meetings. Al! other information on e-mail may be redacted; 3) Time and date on the e-mail that Councilior Kusmiercayk Council Assistant sent to the Clerks Department that informed them that Mr. Kusmiercayk would be on vacation und wouldn't be able to do City of Windsor business including not being able to attend Council meetings. All other information on e-mail may be redacted; 4) Time and date on the e-mail or other communication thot the Cierks Eopavenent sent 29 the Mayor's fice uiftrming teem thet Councillor kusmercyic would Fe on vacation and wouldn't be able to do City of Windsor business, inctuding, not being able to attend Councit meetings. A other information on e-mail or other communication may be redacted. (See Schedule B - e-mails between myself and Valerie Critchley City Clerk)” 350 City Hall Square West + City Hall + Windsor, Ontario + N9A 6S1 ‘E-mail: clerks@citywindsor.ca + Tel: (519)255-6211 + Fax: (S19)255-6868Mr. John Middleton Page 2 (FOI 49-2016) May 27, 2016 Responsive records pertaining to your request were located in the Office of the City Clerk and the Legal Department and I am granting partial disclosure to the records. Please see the attached Index of Records for the final disposition of each record. Based on my review of the documents obtained from the department, the total fees to process vour reqnest are $31.39. The fee is calculated as follows for manually searching and photocopying the records: Searching Time Search time is calculated by taking into account the actions necessary to locate the requested records and how the records are stored and maintained as well as the actual amount of time needed in each step of locating the requested records. (Fees, Fee Estimates and Fee Waivers for Requests under the Municipal Freedom of Information and Protection of Privacy Act, Guidelines for Government Institutions, IPC): Search time for your request: 1 hours @ $30.00/hour = $30.00 Preparation Time Preparation time is calculated for the actual records to be disclosed and includes the time spent on severing records, generally 2.00 minutes per page (Order P-4) since many of the documents may require multiple severing. (Fees, Fee Estimates and Fee Waivers for Requests under the Municipal Freedom of Information and Protection of Privacy Act, Guldetines for Government Institutions, 1PC): Preparation time for your request: 1 record /2 minutes/0.033 hours @ $30.00/hours = $0.99 Photocopying Costs Photocopying costs are generally charged for each page that is photocopied and/or printed from a computer. (Fees, Fee Estimates and Fee Waivers for Requests under the Municipal Freedom of Information and Protection of Privacy Act, Guidelines for Government Institutions, IPG): 1: 2 @$0,20 = $0.40 Photocopying cost for your reques Under the Act, | will not proceed further with your request until the City Clerk has received this amount. Please call Becky Murray of this office at 519-255-6100 ext 6378 to make the necessary arrangements for payment and pickup of documents. Please quote file number FOI49-2016,Mr. john Middleton Page 2 (FOI 49-2016) May 27, 2016 The Act also provides that all or part of the fee can be waived, if, in our opinion, it is fair and equitable to do so, in certain circumstances. Please find enctosed a copy of section 45 of the ‘Act and section 8 of Regulation 823. You may be required to provide evidence in support of any fee waiver request. Please notify me as soon as possible if you wish to proceed with a request for a fee waiver. You may ask for a review of this decision within 30 days of receiving this letter by writing to: The Information and Privacy Commission/Ontario, 2 Bloor Street Bast, Suite 1400, ‘Toronto, Ontario, M4W 1A8, Telephone: 416-326-3333 or toll free 1-800-387-0073. Ifyou decide to request a review of this decision, please provide the Commissioner's Office with the follow The file number listed at the beginning of this letter, A copy of this decision letter; A.copy of the original request for information you sent to our institution; and ‘The reasons why you believe the records exist (if the decision was that no records exist). In addition, you must send an appeal fee to the Commissioner's Office. If your request was for your personal information, the appeal fee is $10.00. The appeal fee for all other requests for information is $25.00. Please include the fee with your letter of appeal - appeal fees should be in the form of either a cheque or money order, payable to the Minister of Finance Yours very truly, Chuck Scarpelli Manager of Records & Elections and Freedom of Information and Privacy Coordinator cs/bm,Form 4 INDEX OF RECORDS FOINO. __ 49-2016 Doc | Description of Record or | No. of Release Section(s) | Comments! No. _| Record Categories pages YesiNo___| Applied _| Explanation I Part #1 ofrequest—legal | 87 No Fand10 | 7-advice documents related to Opt 10 Out campaign Solicitor‘etient privilege 2 Parts 2&3 ofrequest—E- | 1 Yes mails ~ e-mails related to Couneillor Kusmierezyk absence — April 18, 2016 3 Part 4 of request— e-mail to | 1 Part 1 Mayor re Councillor Kusmierezyk absenceExcerpt from the Municipal Freedom of Information and Protection of Privacy Act Advice or recommendations 7. (1) A head may refuse to disclose a record if the disclosure would reveal advice or recommendations of an officer or employee of an institution or a consultant retained by an institution. Exceptions (2) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record that contains, (a) factual material; (b) a statistical survey: (c) a report by a valuator; (d) an environmental impact statement or similar record; (e) a report or study on the performance or efficiency of an institution; (1) a feasibility study or other technical study, including a cost estimate, relating to a policy or project of an institutions {g) a report containing the results of field research undertaken before the formulation of a policy proposal; (b) a final plan or proposal to change a program of an institution, ot for the establishment of a new program, including a budgetary estimate for the program; (i) a report of a committee or similar body within an institution, which has been established for the purpose of preparing a report on a particular topic: (j) a report of a body which is attached to an institution and which has been established for the purpose of undertaking inquiries and making reports or recommendations to the institution; (k} the reasons for a final decision, order or ruling of an officer or an employee of the institution made during or at the conclusion of the exercise of discretionary power conferred by or under an enactment or seheme administered by the institution.‘Third party information 10, (1) A head shall refuse to disclose a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly. if the disclosure could reasonably be expected to, (a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (b) result in similar information no longer being supplied to the institution where it is in the public interest that similar information continue to be. so supplied; (©) result in undue loss or gain fo any person, group, committee or financial institution or agency; or (d) reveal information supplied to or the report of a conciliation officer, mediator, labour relations officer or other person appointed to resolve & labour relations dispute. R.S.O. 1990, ¢. M.56, s. 10 (1); 2002, ¢. 18, Sched. K, s. 18. Consent to disclosure (2) Ahead may disclose a record described in subsection (1) if the person to whom the information relates consents to the disclosure. R.S.0. 1990, ¢. M.56, s. 10 (2). Personal privacy 14, (1) A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except, (a) upon the prior written request or consent of the individual. if the record is one to which the individual is entitled to have access; (b) in compelling circumstances affecting the health or safety of an individual, if upon disclosure notification thereof is mailed to the last known address of the individual to whom the information relates; (c) personal information collected and maintained specifically for the purpose of creating a record available to the general public; (d) under an Act of Ontario or Canada that expressly authorizes the disclosure; (e) for a research purpose if,(H the disclosure is consistent with the conditions or reasonable expectations of disclosure under which the personal information was provided, collected or obtained, (ii) the research purpose for which the disclosure is to be made cannot be reasonably accomplished unless the information is provided in individually identifiable form, and (iii) the person who is to receive the record has agreed to comply with, the conditions relating to security and confidentiality prescribed by the regulations; or (1) ifthe disclosure does not constitute an unjustified invasion of personal privacy. R.S.0. 1990, ¢. M.56, s. 14 (1) Criteria re invasion of privacy (2) A head, in determining whether a disclosure of personal information constitutes ian unjustified invasion of personal privacy, shall consider all the relevant circumstances, including whether, (a) the disclosure is desirable for the purpose of subjecting the activities of the institution to public scrutiny; (b) access to the personal information may promote public health and safety; (©) access to the personal information will promote informed choic purchase of goods and services; the (d) the personal information is relevant to a fair determination of rights affecting the person who made the request; (©) the individual to whom the information relates will be exposed unfairly to pecuniary or other harm; (0) the personal information is highly sensitive; {) the personal information is unlikely to be accurate or reliable; (h) the personal information has been supplied by the individual to whom the information relates in confidence; and (i) the disclosure may unfairly damage the reputation of any person referred to in the record. R.S.0, 1990, c. M.36, s. 14 (2). Presumed invasion of privacy (3) A disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy if the personal information, (a) relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation;(b) was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is, necessary to prosecute the violation or to continue the investigation; (c) relates to eligibitity for social service or welfare benefits or to the determination of benefit levels; (d) relates to employment or educational history; (c) was obtained on a tax return or gathered for the purpose of collecting a ‘tax; (£) describes an individual’s finances. income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness; ( consists of personal recommendations or evaluations, character references or personnel evaluations; or (h) indicates the individual's racial or ethnic origin, sexual orientation or religious or political belief’ or associations. R.S.O. 1990, ¢. M.56, s. 14 @). Limitation (4) Despite subsection (3), a disclosure does not constitute an unjustified invasion of personal privacy if it, (a) discloses the classification, salary range and benefits, or employment responsibilities of an individual who is or was an officer or employee of an institution; (b) discloses financial or other details of « contract for personal services between an individual and an institution; or (c) discloses personal information about a deccased individual to the spouse or a close relative of the deceased individual, and the head is satisfied that, in the circumstances, the disclosure is desirable for compassionate reasons. R.S.0. 1990, c. M.56, s. 14 (4); 2006, ¢. 19, Sched. N, s. 3 (2). Refusal to confirm or deny existence of record (5) A head may reluse to confirm or deny the existence of a record if. disclosure of the record would constitute an unjustified invasion of personal privacy. R.S.0. 1990, c. M.36, s. 14 (5).