Can a settlement council discuss job performance of an administrator, or other employee, at a public meeting?
• No. This would be considered an unreasonable invasion of the administrator’s personal privacy under section 17(1) of the FOIP Act. • If a Metis settlement receives a FOIP request for records about a complaint made about an individual, for example, a complaint made under a noise bylaw, does the Metis settlement have to release the name of the complainant? • Not necessarily. The Metis settlement would need to weigh several factors, including whether releasing the name of the complainant would harm a law enforcement matter, would threaten anyone else’s safety or mental or physical health or would be an unreasonable invasion of the privacy of the complainant. • The Information and Privacy Commissioner, in Order 96-010, upheld Alberta Municipal Affairs’ decision not to disclose the name of a person who expressed a concern about another individual’s ability to drive. In this case, the confidentiality of the informant prevailed over the individual’s right to know the informant’s identity. •
