Access to Information Orders
Decision Information
This order sets out my decision on the reconsideration of Order MO-1425 issued April 30, 2001, and the disposition of Appeal Number MA-000256-2.
The Niagara Regional Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) from the Niagara Regional Police Association (the appellant), on behalf of a named constable. The appellant sought access to records relating to an investigation by the Police under Part V of the Police Services Act (the PSA) into allegations of misconduct on the part of the named constable.
The Police located the records responsive to the request and initially denied access to all them on the basis of section 52(3) of the Act, which states that the Act does not apply to certain labour relations or employment-related records.
Decision Content
RECONSIDERATION ORDER MO-1560-R
ORDER MO-1425
Appeal MA-000256-1
Appeal MA-000256-2
Niagara Regional Police Services Board
NATURE OF THE APPEAL:
BACKGROUND
This order sets out my decision on the reconsideration of Order MO-1425 issued April 30, 2001, and the disposition of Appeal Number MA-000256-2.
The Niagara Regional Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) from the Niagara Regional Police Association (the appellant), on behalf of a named constable. The appellant sought access to records relating to an investigation by the Police under Part V of the Police Services Act (the PSA) into allegations of misconduct on the part of the named constable.
The Police located the records responsive to the request and initially denied access to all them on the basis of section 52(3) of the Act, which states that the Act does not apply to certain labour relations or employment-related records.
The appellant appealed the decision of the Police, and this office opened Appeal MA-000256-1 (the first appeal) to deal with that matter. Former Adjudicator Dawn Maruno issued Order MO-1425, in which she found that sections 52(3)1 and 3 did not apply, and thus the records were subject to the access provisions of the Act. The former adjudicator therefore ordered the Police to provide the appellant with a decision letter under the Act with respect to the records.