Legislative History: Adopted August 22, 2017 (By-law No. CPOL.-74-306); Amended July 24, 2018 (By-law No. CPOL.-74(a)-411); Amended July 25, 2023 (By-law No. CPOL.-74(b)-185)
Last Review Date: July 25, 2023
Service Area Lead: City Clerk
1. Policy Statement
1.1 This policy sets out the requirements for the audio recording of Municipal Council and Standing Committee In Closed Session Meetings Policy. A Municipal Council or Standing Committee meeting or part of a meeting may be closed to the public if the subject matter being considered relates to a provision(s) contained in section 239 of the Municipal Act, 2001, S.O. 2001, c. 25.
2. Definitions
2.1 “Closed Session” or “Closed Meeting” means a closed session of a standing committee or the Council not open to the public, held in accordance with section 239 of the Municipal Act, 2001, S.O. 2001, c. 25
3. Applicability
3.1 This policy shall apply to all in closed session meetings of Municipal Council and its Standing Committees.
4. The Policy
4.1 General
All Municipal Council and Standing Committee In Closed Session meetings shall be audio recorded by the City Clerk, or designated City Clerk’s staff, in accordance with the following procedures, for the purpose of having an audio recording to assist with any closed meeting investigation:
4.2 Procedure
a) The City Clerk, or designated City Clerk’s staff, shall commence the audio recording of all Municipal Council or Standing Committee In Closed Session meetings, noting the date, time, location and type of meeting.
b) At the conclusion of each Municipal Council or Standing Committee In Closed Session meeting, the City Clerk, or designated City Clerk’s staff, shall end the audio recording of all Municipal Council or Standing Committee In Closed Session meetings noting the time of the passing of a motion to resume in public session and shall immediately thereafter stop the recording device.
c) In those circumstances where Municipal Council or a Standing Committee convenes in closed session multiple times, throughout one meeting, a separate recording will be made each time the Municipal Council or a Standing Committee resumes in closed session, following steps a) and b), above.
d) All audio recordings will be transferred from the audio recording device to a secure location, to the satisfaction of the City Clerk. The recording device shall also be stored in a secure location to the satisfaction of the City Clerk.
e) All audio recordings of closed meetings will be retained for a period of one year from the date of the meetings. The written Municipal Council Minutes and Standing Committee Reports shall constitute the permanent official meeting record, in accordance with he Municipal Act, 2001, S.O. 2001, c. 25 and the City of London’s Records Retention By-law.
f) The City Clerk shall be authorized to release an audio recording of a closed meeting only to:
i) the Closed Meeting Investigator, only in those instances where they are relevant to a closed meeting investigation and do not breach solicitor-client, or other, privilege;
ii) the City Solicitor, or designate, for the purpose of providing solicitor-client advice with respect to the contents of a recording; and,
iii) any additional party authorized by the Municipal Council.