ADMINISTRATIVE REPORT
Date: November 21, 1995
TO: Vancouver City Council
FROM: City Clerk
SUBJECT: Freedom of Information and Protection of Privacy Act:
Status Report and Staffing Requirements
RECOMMENDATION
A. THAT the position of Information and Privacy Officer be made a
permanent position, subject to Classification and Salary
review.
B. THAT the annual recurring costs associated with this new
position be added to the City Clerk's Office Operating Budget
commencing in 1996 without offsets.
CITY MANAGER'S COMMENTS
The City Manager RECOMMENDS approval of A and B, noting that should
the position be filled from within the City Clerk's Office, the
vacancy thereby created will be filled on a temporary basis pending
the outcome of the City Clerk's customer service process
improvement project.
COUNCIL POLICY
On February 4, 1992, Council resolved that departments and boards be
instructed that any recommendations for increased staff or enhanced
programs be accompanied by recommendations for matching cost decreases
or related revenue increases in non-tax revenue subject to Council
discretion.
On December 13, 1994, Council passed the Freedom of Information and
Protection of Privacy By-law No.7364, which delegated the administrative
responsibilities for managing applications under the Freedom of
Information and Protection of Privacy Act (the Act) to the City Clerk.
On July 13, 1995, the discretionary authorities and the duty to act as
the Head of the City, for the purposes of the Act, were delegated by
City Council to a staff team of the City Manager, the City Clerk and the
Corporation Counsel.
On July 25, 1995, City Council requested a report back on the overall
costs which have been incurred by the City as a result of the Act.
BACKGROUND
On November 3, 1994, the Freedom of Information and Protection of
Privacy Act was extended to Tier II "local public bodies", including the
City of Vancouver.
Since that time, the City has received more than 80 formal applications
under the Act and many more informal information requests. Staff
training on the Act's requirements, and policy and procedure
development, has also gone forward.
The responsibilities for the City's compliance with the Act has been
delegated on a temporary basis to a member of the City Clerk's staff,
who also acts as the City's contact with the Office of the Ombudsman,
responding to citizen complaints and information requests of the
Ombudsman, and carries forward some of the City Clerk's Office's
responsibilities regarding Council Committees.
PURPOSE
This report provides Council with information on the City's experience
under the Act to date and recommends that a staff position of
Information and Privacy Officer be created in the City Clerk's Office in
order to carry out the work associated with the ongoing applications
under the Act the City continues to receive, including the
responsibilities for responding to appeals of the City's decisions, and
to act as the City's contact with the Office of the Ombudsman. Some
associated elements of this work will include the development of
corporate policies and procedures regarding information access and
protection of personal privacy; corporate-wide fee and research
schedules and ongoing staff training.
DISCUSSION
The corporate duties imposed on the City by the Act are considerable.
Currently, they are the responsibility of one staff member of the City
Clerk's Office who has been assigned the role of Acting Coordinator of
Information and Privacy.
The Act requires that the City respond to applications within a strict
time frame, assist applicants in meeting their information needs and
also safeguard the public's and the City's rights by withholding records
that legitimately meet the exceptions to disclosure afforded by the Act.
The Acting Coordinator must also respond to the Provincial Office of the
Information and Privacy Commissioner with regard to any appeals by
applicants and carry forward the City's position and arguments to formal
hearings before the Provincial Information and Privacy Commissioner.
Staff from the Law Department, in a limited capacity, are able to
provide some assistance in the area of preparation for formal hearings,
and with policy and procedure development.
In addition to managing the application process, the Acting Coordinator
is developing corporate policies and procedures with regard to
information access and the protection of privacy; is developing research
and fee schedules; is assisting with the delivery of staff training
seminars on the Act; and will manage ongoing training for all City
departments; and is developing City forms that ensure personal
information collected is in accord with the Act. The Acting Coordinator
is responsible for complying with other administrative responsibilities
of the Act, including providing the Province with reports on the City's
response to the Act and maintaining and delivering a Directory of the
City's personal information banks.
On June 15, 1995, the authority of the Office of the Provincial
Ombudsman was extended to cover municipalities. It has been the City's
experience to date that applicants under the Freedom of Information and
Privacy Act sometimes combine their applications with appeals to the
Office of the Ombudsman. It has been practical to combine the
responsibilities of the Acting Information and Privacy Coordinator with
the duties of the City's Ombudsman's contact. This gives the City the
ability to provide effective responses to both the Office of the Privacy
Commissioner and to the Office of the Ombudsman, not only for responding
to specific issues, but also in developing guidelines and complaint
management systems with the Ombudsman's Office.
It is clear that the duties and workload imposed by the Freedom of
Information and Privacy Act require the establishment of a permanent
position of Information and Privacy Officer for the City. If this
position is filled from within the City Clerk's Office, the vacancy
thereby created will be filled on a temporary basis pending the outcome
of the City Clerk's customer service process improvement project.
COSTS ASSOCIATED WITH THE ACT
For the purposes of the Act, the City of Vancouver is actually
considered four separate public bodies: The City of Vancouver, the
Vancouver Police Board, the Board of Parks and Recreation and the
Vancouver Library Board.
The Board of Parks and Recreation and the Vancouver Library Board have
delegated senior staff to act as Information and Privacy Coordinators in
addition to their regular duties. Upon receipt of a problematic
application, staff in these two public bodies have been able to consult
with the City's Acting Coordinator. These public bodies have received
few formal requests and, apart from staff training costs which were
handled on a corporate-wide basis with the assistance of a consultant
specializing in the training requirements of the Act, the costs incurred
by the Library Board and Park Board have been negligible.
On July 25, 1995, Council approved a three-person Information and
Privacy Unit for the Vancouver Police Department, at an approximate
annual staff cost of $160,000. There have also been some additional
costs in staff time for the retrieval of requested records. The
Information and Privacy Unit is responsible for complying with all parts
of the Act on behalf of the Police Department, and manages a very high
number of formal applications, estimated to reach 300 for 1995. Cost
recovery for these applications has been negligible.
The City of Vancouver will receive an estimated 100 applications in
1995. Staff costs are approximately $45,000. There have also been some
additional staff costs in departments other than the City Clerk's Office
for the retrieval of requested records. Cost recovery for the
applications to date is approximately $2,000. The City retained a
consultant to assist with the training requirements of the Act. The
costs of this program were approximately $8,000.
Other Lower Mainland municipalities must also cope with the staffing
requirements imposed by the Act. Most have not received as many
applications as Vancouver and have been able to combine the role of
Coordinator with an existing staff position. As well, many
municipalities are not pursuing the records management and policy issues
raised by the Act. The City of Surrey, however, has received
approximately the same number of applications as Vancouver and has found
it necessary to have both a Coordinator and a Coordinator's assistant,
so that staff are able to respond to the applications received while
retaining some of their existing responsibilities.
FEES
The Act does not allow full cost recovery for the processing of
applications. Fees are not to be a barrier to access. The first three
hours of time spent on any application must be provided free. The City
may then charge for staff time to locate, retrieve, produce and
photocopy the records, and $0.25 per page for photocopies.
There are significant costs that are not recoverable. The City may not
charge for providing an applicant's personal information. The City may
not charge for the line by line review of the records which is required
to determine if they contain third-party business information or
personal information that might need to be severed from the records.
Where staff find that third-party business information may be
releasable, it is then necessary to provide the third parties copies of
this material and seek their representations as to whether its release
might cause harm to the third-party. Neither the third-party
notification procedure or severing of personal or business interest
information from the record is chargeable to the applicant. Nor can the
City charge for the costs of any internal consultations. The City may
not charge for copies of the records that are produced for processing
the application, only for copies that are released to the applicant.
STATUS OF THE APPLICATIONS
The attached status report dated November 1, 1995 (Appendix A)* is the
first of quarterly reports requested by Council on the formal
applications received by the City.
A copy of this report has been provided to VMREU/CUPE 15 for
information.
* * *
* Limited Distribution (on file in City Clerk's Office) APPENDIX A
FOI APPLICATIONS - Status as of November 21, 1995
1994
1170-1*** C.A.I.R. (staff member) for Human Resource records, etc.,
- response completed - review requested by applicant. In
response to the Office of the Information and Privacy
Commissioner's (OPC) review, the applicant is provided a
cost estimate for two records. Applicant requests second
review from the OPC. Reviews complete.
1170-2 U-TV News for S.E. False Creek Soils reports - response
completed.
1170-3*** NDP for Fraserlands, et al - response completed
($1,714.94) - review of four fee issues requested by
applicant. OPC upholds City's process, but orders that
the fees be revised ($1,022.75) and the City respond to
the applicant's enquiry regarding a calendar of meetings.
Transcript of calendar provided, personal information
severed. Written Hearing held June 28, 1995, with
rebuttals exchanged July 6, 1995, regarding refusal of
the fee waiver and quality of the City's fee estimates.
On September 21, 1995, the Privacy Commissioner issues an
order upholding the City's fees. Payment received
November 1, 1995.
1170-3.1 NDP for City Clerk's Office file regarding 1170-3 -
response completed (Liberal Party also requested and
received this record).
1170-4*** Professor at UNBC for transportation planning information
- response completed - review requested by applicant.
Additional material provided to applicant and also
forwarded to the OPC. Second set of additional
information provided. Engineering staff to discuss topic
with applicant and the applicant has been provided a cost
estimate for building line setback information. Review
complete.
1170-5 Vancouver Sun for health records of two care facilities -
response completed.- 2 -
1170-6*** BCNU for health records of a care facility - response
prepared, applicant requests a review of City's and
Ministry of Health's decisions. Copy of complete record
and index forwarded to the OPC for review process.
Review completed.
1170-7 Individual and Advocate for personal health records -
handled at staff level - completed.
1995
1171-1 Individual for noise complaint file - response completed.
1171-2 Individual for quality assurance report of a care
facility - response completed.
1171-3 Individual for relative's health records - response
completed.
1171-4 Tenants organization for Nelson Park Site (In Camera)
records - response completed.
1171-5 Staff member for his personnel records - application
transferred to VPB.
1171-6** C.A.I.R. #2 (staff member) for Human Resources records,
etc., - response completed - applicant requests fee
waivers and an OPC review of the City's response. City
denies fee waivers.
1171-7 Westender Newspaper for Real Estate file on the
Fraserlands project - response completed.
1171-8 Individual for property use (secondary suite) complaint
file - response completed, personal identifiers of
complainant severed under S. 22.
1171-9 NDP for 1993 contracts - response completed - Payment
$5.03 received.
1171-10 Liberal Party for NDP's Fraserlands et al - response
completed parallel with 1170-3 ($1,079.24). Fees revised
to $583.50. Payment received August 8, 1995.
- 3 -
1171-11 Consulting company for NDP's Fraserlands et al - response
completed parallel with 1170-3.
1171-12 Liberal Party for additional Fraserlands records -
response completed ($76.28). Fees revised to $19.25.
Payment received August 8, 1995.
1171-13 NDP for financial information on Library Square -
response completed: annual report provided, as per the
terms of a focused application.
1171-14*** NDP for Mayor's Office tel/fax/cell records - Review of
time extension requested by applicant. OPC finds the time
extension is warranted. Report to the head May 4, 1995 -
access to destination telephone numbers denied. Applicant
requests a review of the City's decision. Report to the
head July 13, 1995 for reconsideration of the
application. Application again denied. Written Hearing
held July 28, 1995, rebuttals exchanged August 4, 1995.
Privacy Commissioner upholds City's decision on November
21, 1995.
1171-15.1 Individual for copies of a property's blueprints,
response completed - copies denied under S. 19. Third
party also opposed to release of plans.
1171-15.2 Individual for copies of same property's Fire Inspection
Reports - routed as a routine request.
1171-15.3 Individual for copies of same property's Property
Inspection Reports - routed as a routine request.
1171-16*** NDP for 1992 and 1993 accounting records of two corporate
credit cards - response completed ($283.09) Review of fee
issues requested by applicant. OPEC validates City's
process, but orders that the fees be revised to $136.50.
Payment received July 31, 1995.
1171-17 NDP for 1993 accounting records of restaurant use -
records reviewed by applicant.
1171-18 NDP for City records from 1989-1993 regarding a research
consultant - applicant provided a fee estimate -
application abandoned.
- 4 -
1171-19*** Kitsilano News for Mayor's Office telephone records.
Report to the head May 4, 1995 - access to destination
telephone numbers denied. Applicant requests the OPC
review of the City's decision. Report to the head July
13, 1995 for reconsideration of the application.
Application again denied. Written Hearing held July 28,
1995, with rebuttals exchanged August 4, 1995. Privacy
Commissioner upholds City's decision on November 21,
1995.
1171-20 Individual for by-law fines records re pestering -
response completed - summary, but not personal
information, provided under S. 22.
1171-21 Liberal Party for copies of all NDP applications and
copies of all records released - response for file 1171-
16 completed ($283.09). Fees revised to $136.50. Payment
received August 8, 1995.
1171-22 Magazine for records relating to Riots; A Review of Major
Events - response completed, applicant reviewed original
files and was provided some copies.
1171-23 Courier Newspaper for NDP and Liberal applications and
fees - response completed.
1171-24 NDP for records related to the City's settlement with a
senior police officer - response completed, record
severed under S. 14 and 22, courtesy notice sent to the
third party.
1171-25 IBEW for records regarding an electrical contractor -
response completed: correspondence file provided as per
the terms of a focused application.
1171-26*** C.A.I.R. (staff member) for Engineering staffing
information - response completed. Applicant requests a
review of the timeliness of the City's response. OPC
review complete.
1171-26.1** Follow-up application received. Some records recommended
to be excepted under S. 17. Applicant requests review
from the OPC. Applicant requests fee waivers. City
denies fee waivers and severs a portion of the record
under S. 17. - 5 -
1171-27 Heritage Group for a City contract with a development
consultant - response completed: applicant reviewed files
and was provided some copies.
1171-28 Individual for copies of the NDP applications - response
completed.
1171-29 Kitsilano News for access to all records related to
contaminated sites in the city - response completed:
applicant provided a list of the sites and interviews
staff in the Permits and Licenses Department.
1171-30 Individual for the identity of complainant in a property
use file (institutional use) - response completed, access
denied under S. 22.
1171-31*** Individual for own property inspection file (building
permit) - response completed - severed copies, under S.
15, 19 and 22, of complaint correspondence provided,
third parties notified. Applicant requests a review of
the City's response. Applicant requests and receives
copies of further correspondence. Review completed.
1171-32 NDP for copies of City records regarding Portfolio; The
Marketing Collaborative Inc. and Marketplace
Communications - response completed - no records found.
1171-33 Individual for copies of their own health records and
care facility records response completed.
1171-34 NDP for Cityrecords regarding Atlas Travel Service Ltd. -
fee estimate provided, on hold May 12 - July 10.
Applicant accepts fee ($130.00) - payment received August
11, 1995 - response completed.
1171-35 Vancouver Sun for by-law fines records - nature of the
record discussed with applicant - applicant advised of
fees, application abandoned.
1171-36 Individual for identity of complainants (renovations and
dog) - response completed - no records found.
- 6 -
1171-37 Individual for their own home care assessment records -
response completed, information identifying third parties
severed under S. 22.
1171-38 Individual for Environmental Health reports and orders
issued to a property managed by the applicant - response
completed, personal information not directly supporting
the reports severed under S. 22.
1171-39 Individual for copies of records regarding complaints and
conflict with a health care facility - request
transferred to the Ministry of Health.
1171-40 Heritage group for city records regarding a heritage
neighbourhood - response completed, (In Camera) report
provided. Supplemental information request received -
response completed.
1171-41 Individual for City records regarding the proposal to
underground the Boundary Road transmission lines -
application narrowed to pertinent Council reports -
response completed.
1171-42 Advocacy Group for information regarding special events -
response completed: report provided, request referred to
City Engineer for further information.
1171-43 NDP for records of the Property Endowment Fund - some
records provided, applicant provided a fee estimate for
remainder - application abandoned.
1171-44 Law firm for records of a City-owned property - response
completed, records withheld under S. 14.
1171-45 Pacific Press for records of 1-900 telephone calls -
response completed, no records found.
1171-46 Health Care Facility Manager for copy of a letter of
complaint - response completed, third party's personal
information severed under S. 22.
1171-47 Individual (former staff member) for Quality Assurance
files of a Health Care Facility - response completed,
some information severed under S. 14, 21 and 22.
- 7 -
1171-47.1 Further application for additional records associated
with the quality assurance audits - response completed,
personal information severed under S. 22.
1171-48*** Individual for file and identity of complainant regarding
renovations response completed, complainant identity
withheld under S. 15, 19 and 22. Applicant requests the
OPC to review the City's response. Review completed.
1171-49*** Private school for various City records - Applicant
requests the OPC review the City's 30-day extension -
review and response completed.
1171-49.1** Second information request received, response in process;
third party consultations undertaken - partial response
provided, additional records provided, some records
excepted under Section 14. Applicant requests a further
review.
1171-50 Individual (staff member) for Human Resource Department
grievance records regarding references contacted by the
City - response completed.
1171-51 Individual for all City records regarding complaints
received about his property - response completed.
1171-52 Same individual for all City records regarding complaints
received about his neighbour's property - response
completed.
1171-53 Applicant to the Board of Variance for Board records -
response completed.
1171-54 Hospitality organization for records regarding the Angus
Reid Smoking Poll - response completed.
1171-54.1 Same organization for comprehensive records on the no-
smoking initiative - response completed.
1171-55 Individual (staff member) for two consultants' reports
and recommendations - response completed.
- 8 -
1171-56 Citizen Group for records regarding a development permit
for a casino - response completed, applicant given
access to City/developer correspondence, not to
identities of individuals balloted on the proposal.
1171-57 Individual (staff member) for HR and IS records regarding
specific "red-circled" positions, and background
information on the "red-circling" process - response
completed.
1171-58* Westender Newspaper for costs and expense records of City
Council home fax and cellular telephones - response in
process.
1171-59 Individual (former staff member) for records of Phase II
of the Carnegie Centre and Oppenheimer Park project -
response completed.
1171-60** Same individual for comprehensive records of the Carnegie
Centre - response completed. Applicant registers a
complaint that the City improperly shared information
with another public body.
1171-61 BCNU for correspondence file regarding licensed graduate
nurses. File severed under S. 22. - response complete.
1171-62* Westender Newspaper for usage records of City Council
home fax and cellular telephones - response in process.
1171-63 Westender Newspaper for all records of a Council workshop
- response in completed, portions of the record severed
under S. 12.1, 13 and 17 (1) (c).
1171-64 Student for records of the Mayor's expenses - response
completed.
1171-65 The Leader Newspaper for Council reimbursements from the
UBCM Conference - response completed.
1171-66 Individual for City records regarding complaints received
about his property - response completed.
1171-67 Individual for records of metered water consumption -
response completed.- 9 -
1171-68* NDP for records of the lease of the Racetrack to the B.C.
Jockey Club - response in process.
1171-69* IBEW for records regarding the certification of alarm
system technicians - response in process.
1171-70 Tenants organization for information on a payment-in-lieu
proposal - response completed, information withheld as it
will be made public within 60 days (S. 20).
* = in process (4)
** = under review/formal hearing (4)
*** = review/hearing completed (11).
TOTAL: 84