The case of the missing FOIPPA request(s)?

October 18, 2019

Re:  The Sept. 19, 2019 FOIPPA request made by Susanna Kaljur (now past due)

To:  Acting Chair Hein Vandenberg, UBID Trustees, Admin., Ministry and Privacy Officer:

The FOIPPA  agenda item was sent out on Oct. 2, 2019 to the entire Board (and yes I can see now that Hein’s address is incorrect however, I was not told until Oct.17 Board meeting) this meant it was left off the Agenda. 

The October 9, COW meeting was postponed until the October 15, 2019, and the FOIPPA motion was on the agenda, however, the supporting documentation, namely a “legal letter” from P. Johnson UBID’s lawyer) was not included. There have been at least 3 FIOPPA requests from various landowners which have been unresolved due to the prohibitive cost estimates given by our Admin. to produce the records ($1300.00 and $3000.00)!  The administrator in both cases refers to “a legal letter” from UBID’s lawyer Peter Johnson as the basis for his estimates regarding costs of releasing UBID records.  As a trustee the Board must review this legal opinion in order to proceed with my FOIPPA request.  Thus far this letter has not been provided to the Board, despite multiple requests.  When asked about the letter in September, then Chair Paul Healey stated that the Administrator had ‘misunderstood the legal letter’, however, it is clear that the Administrator continues to rely on this ‘misunderstood’ legal opinion which not one (Trustees) has seen or reviewed?! 

That is why I requested at the Oct. 15 COW meeting that my motion be moved to the Oct. 17 Board meeting along with the missing legal legal letter, so that all the facts would be available to the entire Board in order to make an informed decision about the release of Public information which is of public interest, namely anything to do with the new 4.2 million dollar Water Treatment Plant, paid for entirely by 690 households.

This entire FOIPPA request process for myself and other landowners has been flawed and must be corrected or UBID risks having legal action taken against Union Bay for wrongfully with holding public information.

Both the Sept. 19 FOIPPA request and the still missing legal letter means request is now overdue and in violation of the FOIPPA Act 1996.

I move that UBID release and post on UBID’s website all;  Executive Board Meeting minutes, COW meeting minutes, In Camera meeting minutes, Board Executive Reports/Summary’s from January 2017 to present as per FOIPPA Act [1996].”

This motion does not include 3rd party reports unless they were paid for by UBID.”

Therefore I am re submitting my FOIPPA request as written above.  I am also filing a formal complaint with the FOI and Privacy Officer, regarding the mishandling of this request which remains unfulfilled and without explanation.

The UBID Board recently passed a motion requiring the Admin staff to take FOIPPA training. 

On Oct. 2 Admin sent out the following info:

I will be asking the UBID staff to complete the following FOI online training. If you are interested in this training please let me know and I will get all who is interested registered for the course.

Unfortunately, this is the wrong FOIPPA Training course!  UBID is a Local Government which levies taxes. UBID is not a “Service Provider or Contractor”. It is alarming that both the Administration and the Board misunderstand the need for appropriate and timely training. Here is the correct course as sent to me by Chris Quon Privacy Advisor on October 8, 2019 which I forwarded to the entire Board:

Oct. 8, 2019 Hi Susanna,

From your email, I am assuming that the Improvements Districts Administrative staff are from a public body (you mentioned local government employees) and I’ve listed some resources below for you. If that is not the case (and they are internal BC Government employees), please let me know as there are also some additional internal training options available.

As a public body, here are some training resources:

IN-PERSON/WEBINAR

ONLINE:

If I can clarify anything for you or you would like your name added to the distribution list, you can contact me (or Elizabeth Throp who is cc’s here) directly.

Thanks,

Chris

Chris Quon | Privacy Advisor (he/him)

Privacy, Compliance and Training Branch (PCT)

Corporate Information & Records Management Office (CIRMO) | Ministry of Citizens’ Services

As of this date it is not clear which one of the FOIPPA courses the Administration has signed up for, if any? 
However it is evident from past transgressions that training is needed.  I understood from reading the information that Administrators of local governments are REQUIRED to have completed the appropriate training at the beginning of their tenure.
Acting Chair Vandenberg,  it is now your responsibility to find out has UBID’s Administrator fulfilled this requirement?  If so, when did it occur and with what institution?  It is also now your responsibility to carry out the now overdue FOIPPA request or provide specific legal reasons why my FOIPPA request can not be honored by the Union Bay Improvement District as is required by law.
Sincerely,

UBID Trustee Susanna Kaljur