Once more unto the breach

Ron Bolin: Dec. 10, 2015

Act 2 Begins:

I have begun again the tedious process of attempting to see the segment redacted from a City Council video over a year and a half ago restored to its place in the public record following the recent decision by the OIPC adjudicator that my original request which they accepted over a year ago following some six months of preliminary examination was incorrect in its form.  I will try to do better this time.

To date the following exchanges with the City have taken place.

____________________________

From: Ron Bolin [mailto:rlbolin@telus.net]
Sent: Thursday, November 26, 2015 11:25 AM
To: Tracy Samra
Cc: Mayor&Council
Subject: OIPC File No.: F14-58563

City of Nanaimo

Att: Tracy Samra, City Manager

Nov. 26, 2015

Dear Ms. Samra:

As you are aware, an adjudicator for the Office of the Information and Privacy Commissioner for British Columbia, following some 18 months of process within that office, has ruled that in the case of OIPC File No.: F14-58563 “No request under FIPPA” was made and accordingly, that “The City’s reply was not a response under s. 8(1) of FIPPA.”

The adjudicator goes on to write that: “Rather, the remedy he seeks is for the City to restore the “redacted” portion of the video to its public website.”

I am making that request with this email.

Thank you for the City’s response at your earliest convenience.

Ron Bolin

3165 King Richard Drive

Nanaimo, BC   V9T 4A1

_____________________________________

From: Tracy Samra

Sent: Thursday, November 26, 2015 11:44 AM

To: ‘Ron Bolin’

Cc: Mayor&Council ; Sheila Gurrie ; Chris Jackson ; Guillermo Ferrero ; Jan Kemp

Subject: RE: OIPC File No.: F14-58563

Mr. Bolin,

I acknowledge receipt of your request and by way of copy I am forwarding it to the responsible staff.   We will keep you apprised of our progress.  If you have any further questions please do not hesitate to contact our offices.

Yours truly,

Tracy Samra, City Manager

T: 250-755-4410

This email is intended to be received only by the person to whom it is addressed and may be PRIVILEGED AND CONFIDENTIAL.  If you have received this email in error, please delete it and inform the sender immediately.
__________________________________________

From: Sheila Gurrie

Sent: Monday, December 07, 2015 10:30 AM

To: mailto:rlbolin@telus.net

Cc: John Van Horne ; Tracy Samra

Subject: RE: OIPC File No.: F14-58563

Mr. Bolin,

Please see the attached letter in response to your email below.

Thank you,

Sheila Gurrie, CIPP/C, CIAPP-P

FOI Coordinator

Legislative Services

City of Nanaimo

455 Wallace Street, Nanaimo, BC  V9R 5J6

T 250.755.4494  F 250.755.4435

This email is intended to be received only by the person to whom it is addressed and may be PRIVILEGED AND CONFIDENTIAL.  If you have received this email in error please delete it and inform the sender immediately.  Thank you.

This is the letter which was attached to the above email from Ms. Gurrie:

2015-DEC-07 Ltr to Mr. Bolin

_______________________________

I will be interested in your comments and questions, as well as any legal/administrative advice which you may be able to offer.  I remind all that the purpose of this request is to get a finding that Staff and/or Council do not have the authority to redact facts presented in evidence in an open Council meeting and to prevent such a precedent from being accepted.

I have requested the City’s expenditure for legal services and Staff time which have been expended to date in this matter and await the City’s response.

I have requested from the OIPCBC whether, since the case to date has effectively been ruled as void, the documents exchanged during that void process can now be ruled as public documents and released.  I await the OIPCBC’s response.

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