Hamilton officials are refusing to provide any supporting information for their claim that Red Hill Expressway protestors have cost the city $1.2 million. They say decisions to spend the money were made in secret and therefore don't have to be revealed to the public.

The $1.2 million figure was announced in mid-July by Guy Paparella, the city's Director of Strategic Initiatives and former Chief of Staff for Mayor Bob Wade. It has been widely used to blame citizen opposition for rapidly rising expressway costs. But when a citizen called Paparella and asked for details of the spending, he said he could not give a dollar breakdown.

The citizen then filed a Freedom of Information (FOI) request. That has produced a letter from the city's Access and Privacy officer denying the citizen any information about how or when any part of the $1.2 million was allegedly spent. "It has been determined that the authorization to expend additional funds was decided during in-camera meetings", the letter states. "For that reason, the records are exempt from disclosure".

Provincial law allows city council to hold in-camera meetings on legal matters, but decisions arising out of these secret meetings usually must be made in public. Section 239 of the Municipal Act specifically requires public votes except in very limited circumstances such as procedural matters or for the purpose of " giving directions or instructions". There does not appear to be any authority in the legislation to spend tax monies in secret.

The letter also says that the some of the spending involved "outside legal expenses" and notes that Hamilton city council recently adopted a policy of denying FOI requests related to "information on lawyers' bills of account and/or total amounts spent by the city for legal services".

The Hamilton Spectator is reporting today that some councillors were surprised that they had adopted such a policy on July 14, and now want to change it. A copy of the Spectator article can be viewed here (pdf file).

The citizen is appealing the refusal to provide information about the $1.2 million in spending, but that could take a year or more. Until then, citizens apparently will just have to accept Paparella's word that the money was spent and that the spending was caused by expressway protests.

The city's response to the citizen's FOI request can be viewed here (pdf file).

Spectator editorial on this issue - "Something to Hide?" (pdf file).