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Freedom of Information
City of Mississauga;
2000

*********
000219-2000


Table of contents:

To:            FOI Coordinator - The FOI request - Dec. 5, 2000
From:      Joan LeFeuvre       - Dec. 15/2000
From:      Paul J. Pape            - Jan.   8/2001
To:            FOI Coordinator    - Jan.   9/2001
To:            Joan LeFeuvre      -  Jan. 12/2001   11:58 am - e-mail
From:       Joan LeFeuvre      - Jan. 12/2001
To:            J. LeFeuvre             - Jan. 15/2001  -  I inform Joan what I think.
To:           C. Corbasson          - Jan. 16/2001
To:           J. LeFeuvre              - Jan. 16/2001
 

[Note some parts of the letters maybe left off, such as phone numbers, names etc. that at this time should be left off the web.  Format can also be changed.  Unless otherwise noted, not an exact copy.]


City of Mississauga - Office of City Clerk.
ATTN: FOI Coordinator.

Mr. Donald Barber.

RE:  A FOI request:

Dear Sir.                                            Dec. 5, 2000
 

     I am a Canadian Citizen who is requesting, UNDER THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, general records/information and/or personal records/information held in the City of Mississauga.
 

A). This request is completely confidential, so the name of the requester and direct copies of the letter are not to be given out.

B). It must be clearly stated that I will first and fore most be requesting working records/files, e.g. if there is a choice between a clear copies/records or ones with hand written side notes on them.  Then it will be the copies/records with side notes that must be listed and copied, it also
should be noted that there are clear copies/records available too.

C). Please include the file/record (its location in ARIS or IRIS) code, in what Dept. it is held in and by who or who looks after the record.

The request;

 A search in the offices of the City of Mississauga's corporate security, for my all personal records/information.  This is a request for a reasonable search for my personal information/records not one that will present me with an unacceptably large bill for searching.  I request a copy of all records that refer to me in their care (to include, letters, e-mails, faxs, reports and memos), note if there is more then one file that these records can be found in note the number of files and their titles.  This request is also to cover any directions that exist in regards to how I am to handled or dealt with and any reference to the video tape that recorded the Sept. 13/00 event that City staff and myself was involved in.  Also, provide detailed information about any records severed or listed as exempt, such as from what file and number of pages.

     Please call, (905) **-****, or e-mail, donbar@arvotek.net, me when my request is ready and/or any letters/information that relate to this request.  So time and cost to the City can be spared.  Please send me a letter/e-mail to acknowledge receiving this request.  I should be called as to how this request is going to be handled.


City of Mississauga - Corporate Services Department
Office of the City Clerk

December 15, 2000.

Dear Mr. Barber:

Re: FOI Request 000219-2000 Personal Information, Corporate Security

        Your request for access to records under the Municipal Freedom of Information and Protection of Privacy Act was received on December 5, 2000.

        Unfortunately, the Security Division does not organize its records based on names. It is, therefore, not possible to easily retrieve records containing your name. If you wish to pursue this request, please forward a more
precise description of the types of records which may contain information about you; ie., particular incidents, location, date, etc. Once you provide this description, we will process your request.

Yours truly, LeFeuvre, Manager of Administration and Records  and Freedom of Information Coordinator.


PAUL J. PAPE
B A R R I S T E R S
MARGARET L. WADDELL
DAVID S. STEINBERG

8 January, 2001

Dear Mr. Barber:

I act for Arthur D. Grannum and Joan J. LeFeuvre.

They have provided me with documentation drawn and published by you in November 2000. This documentation abundantly demonstrates that you have defamed them by accusing them of signing a false affidavit and declaring they are untrustworthy in fulfilling their obligations to the City of Mississauga.

These libellous statements have damaged them and must not be repeated.

You are hereby advised that my clients are contemplating a lawsuit to be brought against you for recovery of substantial damages and costs.

You should refrain from this conduct in the future.

Yours truly, Paul J. Pape

cc: Arthur D. Grannum  City of Mississauga  Joan J. LeFeuvre City of Mississauga

Queen Street - Toronto



Comments to the above letter by Don B;
A Mississauga lawyer is not good enough for them.  I wonder what Hazel would say to that?
City of Mississauga - Office of City Clerk.

ATTN: FOI Coordinator.

Mr. Donald Barber.

RE:  A FOI request 000219-2000:

Dear Sir.                                            Jan. 9, 2001

     In regards to your Dec. 15/2000 letter, I find it unbelievable that you are stating the "Security Division does not organize its records based on names."  One of the main roles of any security organization is to keep
track of people by name!  Security organization will often have a file (or a print out of a computer file), just for certain individuals and you make no mention of any of records and/or files, when there should be some.  I am
very certain that they would also have a list of names, of persons they are to look out for and what to do when encountering them, as well as, a cross referenced to events they are involved in.  Therefore I believe you are not
being truthful or factual in your letter.

     You state it is "not possible to easily retrieve records containing your name", this statement is not explained in enough detail to understand what you are talking about and doesn't provide enough details to be able to make any decisions.  Explain in detail what "not possible to easily retrieve records containing your name", means to you, the cost estimate and why it is so hard to access these records.  Also it is your responsibility to inform me as to what records DO exist and what the costs are, to get access to them, it is NOT up to me to "please forward a more precise description of the types of records which may contain information about you".

     Maybe your understanding is of what records are asked for, is at fault and you should inform me about what records are easily copied.  Giving an examples of how they keep their records (related to my request), would be useful.  In fact it would be useful if you called me to discuss this matter.

     Your suggestion, that I would have to supply you with all the dates etc., is a deliberate effort on your part to with hold service and records.  No records are listed as being accessible in your letter therefore there is no reason to believe you have made any reasonable effort in your search.  It should be noted that in the past two years I have made requests for records regarding events happening on City property that have been reported to security and there is no reference to you using those dates as a starting point.  I will not change my request in order to limit it and allow the City to withhold records that I am not aware of (by specific name or location), but entitled to in that department.

 I direct you to carry out your responsibilities under the Act., and;

a). Explain in detail what "not possible to easily retrieve records containing your name", means to you, the cost estimate and why it is so hard to access these records.  Note what records can be easily accessed and the cost.  Please note what knowledgeable persons (by name and job title), you have talked to about the files/records in "Security Division".   From my request - A search in the offices of the City of Mississauga's corporate security, for my all personal records/information.  This is a request for a reasonable search for my personal information/records not one that will present me with an unacceptably large bill for searching.  I request a copy of all records that refer to me in their care (to include, letters, e-mails, faxs, reports and memos), note if there is more then one file that these records can be found in note the number of files and their titles.

b). Explain and provide examples of the records that "Security Division" has under its control (that could note me or events that I was involved in), as it is unbelievable that security doesn't keep  a file and/or record by a persons name for quick reference to past events that have been filed  with security.  Also the cost to search and copy these records.

c). Note any kind of records that note members of the public by name, what to do when  encountering them and their past actions.  Also the cost to search and copy these records.

From my request - This request is also to cover any directions that exist in regards to how I am to handled or dealt with and ...

c). Undertake your responsibility to inform me as to what records DO exist and what the costs are, to get access to them as it is NOT up to just me to "please forward a more precise description of the types of records which may contain information about you".  Your Dec. 15 letter clearly states you have knowledge of what kinds of records are in that department and you are not  sharing that information with the requester, who is paying for a service you are not providing.

d). This from my request and has not been responded to yet - any reference to the video tape that  recorded the Sept. 13/00 event that City staff and myself was involved in.  Please note there is  a date in the line before that you make no use of and you claim to have no starting point for your search.
 

Please note the you have failed to use the time saving methods listing my request letter and I would request that you re-read that letter and apply those methods.


Joan LeFeuvre <joan.lefeuvre@city.mississauga.on.ca>

Donald Barber <donbar@arvotek.net>

11:58 am 1/12/01 -0500 - e-mail
 

I have left a message to day asking for an appointment with you to discuss my FOI request and what records exist that will respond to it.  I need a response to this request. 


City of Mississauga - Corporate Services Department Office of the City Clerk

January 12, 2001.

Dear Mr. Barber:

Re: FOI Request 000219-2000  Personal Information, Corporate Security

This is in response to your letter of January 9, 2001.

I have been informed by the Manager of Security Operations that all Incident Reports are filed by month of occurrence.  The average number of incidents in any one month averages approximately 700.  It will, therefore, be necessary for you to provide me with specific dates of occurrences where you name would be mentioned.   As indicated in my December 15, 2000, letter, Security Reports are not filed by name.

It is expected that fees will apply to this request and the time spent will depend on the number of months which will have to be searched.

Yours truly,  Joan LeFeuvre, Manager of Administration and Records and Freedom of Information Coordinator.


**** PRIVATE and CONFIDENTIAL ****

City of Mississauga - Office of City Clerk.
ATTN: Joan J. LeFeuvre, FOI Coordinator.

RE:  FOI request 000219-2000, your conflict of interest and generally negative attitude:

J. LeFeuvre:                                        Jan. 15, 2001

     I have given a great deal of thought to your and your assistant's (********* I believe), withholding of service and the generally hostile attitudes towards me and believe I know the reasons for it.  Arthur D. Grannum, City Clerk, a few weeks ago informed me that he and you were considering some form of legal action against me for my Nov. 9/2000, letter that requested (for cause, violated provincial legislation, violated a City By-Law and a signing false affidavit), that both of you be removed from being involved in overseeing the 2000 election.  If any of that is true, now or in the future and you are involved in undertaking any legal action against me, I will have grounds to lawfully express the opinion that you are treating me the way you are, for your, A. Grannum (and your political masters), own gain in court and in the court of public opinion.  Further more, by dealing with my information requests, which are to (in part), to discover records relating to hostile actions taken by A. Grannum (and the City in general), you are in a direct conflict of interest and should not be handling my requests.  As well as being ******** ******* for your actions so far.

     My opinion is that you are unlawfully using your position for your, A. Grannum's and the City's gain.  The records that I am currently requesting have a direct impact on my efforts to defend against the City's and some of its employees efforts to wrongfully deny me service and to discredit me publicly.  You are on the record as withholding FOI services that are necessary to gain full access to City records and to be able to submit
corrections and/or additions to my personal records held by the City. This would be done by me to try and avoid misinterpretation of events and to avoid wrongful decisions by City staff limiting my access to City services.

     In addition to withhold service you, your assistant and A. Grannum are making every effort to create conflict and conformation, so you can use these events for your own gain and advantage.   The three of you in particular have made every effort to argue, frustrate, bait and goad me into a conflict of some kind and no doubt blame it on me.  Not only would this character assassination serve the purpose of your political masters but would aid you and A. Grannum in legal action against me.  By faithfully carrying out your political masters wishes you will likely be rewarded by them, through the City and/or your employment.

     It is clear to me that the reason you and the others are withholding service and/or being confrontational by way of raising your voices toward me for no good reason, bullying me, baiting me, banging on Clerks counter like a savage and generally goading me is in an effort to trick me and/or frustrate me into defending myself (as you know very well I am accretive for my rights).  Is to (wrongfully), claim an unprovoked violent act occurred
(by using the City's definitions), and then, using the City's new fascist Policy, (Vandalism and Violent Behaviour in Municipal Facilities), carry out the stated political agenda of the Mayor, Hazel McCallion ("you will not get the records"), deny me access to City Hall, its services and staff.  This would result in a person gain/legal advantage over me, create negative public opinion toward me and general cause me harm.

     What is most distressing is how harmful your, A. Gannum's and City politician's efforts are in trying to create negative public opinion against me.  Your efforts are to play on the public's emotions by claiming a big bad man is abusing women/City employees and there by invoking a negative prejudicial reaction from the public, for your own advantage.  When in fact I am the victim of your abuse!  Further more, it is clear your intentions are not only to create circumstances that are designed to cause me legal harm but also to put me in circumstances where I am at risk of physical harm.

     Also, as I don't find a specific listing in the required (by law), posting of an accurate "Personal Information Bank Register" of a data base or file used by the City to track the activities of individuals (by using their personal information), involved with Corporate Security or other City staff, it is likely the City is again in non-compliance of the FOI Act.

     You and/or the City of Mississauga have till Jan. 17, Wed 5:00, to give me full (or better), service or I will express the opinions noted in this letter far and wide, by all means possible.
 

HOWEVER;
 If you and/or the City of Mississauga, before 5:00 Wed., meets with me (over the phone first), to fully disclose and inform me about where and how my records are stored (for full access to my personal records), that I am requesting (using my interpretation of the request that I will inform you of), so I can get full access and copies made, in a very timely fashion.  I will reconsider my opinion and planned actions.  Any contact by a lawyer or the police will result in this offer being withdrawn.

cc Janice M. Baker, Commissioner of Corporate Services.


Carmen Corbasson - Councillor Ward 1
300 City Centre Drive.  Mississauga, Ontario.  L5B 3C1

RE: Request for assistance.

Dear C. Corbasson:                                  Jan. 16, 2001

 The City of Mississauga's FOI Coordinator, Joan LeFeuvre and the Commissioner of Corporate Services, have been received a letter expressing the opinion that Joan LeFeuvre is in a conflict of interest and is withholding service regarding my FOI request 000219-2000.  A copy of that letter is enclosed and is only for your use in aiding me in gaining City services and records.  It is not, in any way to be made public, by you. Please note I have set a Jan. 17, 5:00 pm deadline for the City.  Please take action as soon as possible.  Please contact me as soon as possible about this.

 As the Ward 1 Councillor, I am calling upon you to act on my behalf and work to fully restore my right to access to City services and records.  And to my right to unbasis, professional service.  Your response will become a part of the public record.



City of Mississauga - Office of City Clerk.
ATTN: Joan J. LeFeuvre, FOI Coordinator.

RE:  FOI request 000219-2000.

J. LeFeuvre:                                        Jan. 16, 2001

     In regards to your letter dated Jan. 12/01, mailed on Jan. 15/01 and received today.  First of all I have noted to you, that you are to call me if you have a letter for me so I can pick it and save time.  Secondly I have spent a fair amount of time and money reviewing what kind of records the City has by reviewing its FOI manual.  As you have refused me service.  I still direct you to contact me to explain the City's records system and further clarify my request.

     In my last two requests, 000161-2000 and 000181-2000, I received a number of records, Accident Incident Report forms, Memo to file's, hand written notes on lined paper.  In my requests I have specifically asked you provide information regarding the records location and you have failed to do so.  This is withholding of service and the Information and Privacy Commission has never specifically ruled that this information is to be denied.  As you have withheld service in order to keep the Mayor's promise of withholding records I have been left to guess where the records are and how to word requests to gain my lawful access to them.  It appeared logical to me that corporate security would keep a copy of these records and that
is why I asked for records in their care.  In fact I see that the records are likely in CA.09.all and I direct you to search there.  Also with Risk management (like LA.12, LA.17), Community & Social Services (like CS.10), and Legal Affairs & Legislation (like LA.05) as your FOI manual says these are areas to find the kind of records that are requested (as noted as received in last two requests but not limited to those kind of records).  Please make a point of finding the records regarding the Nov. 16/00 event that involved A. Grannum, City security and myself.  The one where for no apparent reason A. Grannum calls security.

 As for your claim that there is no way to access any kind of index that lists details about security reports/incident reports, that is unbelievable!  Somewhere in the City there must be a way to access an index of these records noting their contents (like a persons name, such as in CA.09), maybe try Risk Management.  Your statement that they are filed by date is not the whole truth.  In fact the City FOI manual notes records management (CA.05), has subject files and then there is a secondary filing method. Remember I have seen and have a copy of page form the filing system that notes the name of the file and its content.  To believe what you say is to believe City files are unmanageable and almost unusable.  I believe you are again withholding service by not informing me of the facts and directing to me the most costly method and one not likely to even find the records, as they could in fact be in other Departments.  I expect you will respond to this letter in detail, speak to me before undertaking a search and put forward a cost estimate.  This letter is not a complete list of my concerns, do your job and contact me verbally.

 Please note you have failed to respond to my e-mail asking for aid in this request and your assistant informs me that you will never grant me the aid that other members of the public get.  If you disagree with this then please write to me and detail why.

 



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