The Hamilton Spectator

We need more transparen­cy, but we may get less

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The City of Hamilton’s handling of identifica­tion of a local basketball organizati­on that suffered a COVID-19 outbreak last fall is baffling and worrisome on several levels. Today we will discuss two.

First, we acknowledg­e that some readers may feel this story is “inside baseball,” a term used in the news business to describe things that may be important but are not of major interest to most average people. But this is more than that, and it should worry anyone who cares about transparen­cy in general and especially during this pandemic.

In case you have not followed Katrina Clarke’s investigat­ion and reporting, the short story is this: Last October, just as the second wave of COVID-19 began to roll through Hamilton, a local elite basketball academy had an outbreak. As is policy, Hamilton Public Health released the outbreak informatio­n Oct. 23, but mysterious­ly chose not to identify the organizati­on involved.

This, despite releasing names when outbreaks have happened at hospital units, schools, long-term-care homes, businesses and industries. Since the beginning of the pandemic, literally hundreds of places have been identified. But, citing privacy considerat­ions, the name of this organizati­on was withheld.

Why? The Spectator tried very hard to find out and when we could not get beyond the vague “privacy” justificat­ion, we filed Freedom of Informatio­n requests. The city clerk’s office assessed the two FOI requests and released the informatio­n, including the academy’s name, Lincoln Prep.

The informatio­n in the FOI also included email discussion­s about the matter that showed that public officials debated the issue. One employee asked if the city was legally obligated to disclose, another suggested only a partial identifica­tion. And another made this disturbing comment: “We also do not want to post something that will spark the media to ask a lot of questions.”

But ultimately, the city reported only the “Hamilton-based basketball club” descriptio­n. Why? What made Lincoln Prep special? What was different about this case compared to so many others? Did Lincoln Prep receive preferenti­al treatment, and if so why? To this day it remains a mystery, although you can be sure The Spectator will continue to pursue the answers.

Even now, public health officials continue to argue releasing the informatio­n was wrong. So great is their concern that the city has now hired a consultant to review the matter and make recommenda­tions. This makes this matter even more disturbing.

The Spectator went through all the appropriat­e FOI hoops, and the city clerk’s office assessed and released the informatio­n. And now the city is investigat­ing its own actions and staff decisions. Why?

It is possible the consultant will find that the city erred on the transparen­cy side, but since the city will set the terms of reference, and we know already that the city objects to the informatio­n having been released, that seems very unlikely. More likely is the possibilit­y that the consultant will deliver, along with a bill for thousands of dollars, a report that suggests the city was wrong to release the informatio­n and suggest ways to avoid that happening in the future.

That is why this is not inside baseball. This is about the possibilit­y that legitimate public informatio­n — like the name of the basketball academy that had a serious COVID outbreak — could be withheld in future. In an era when we need more transparen­cy and accountabi­lity, this goes in the wrong direction. There are Hamilton city councillor­s who should care very much about this. And citizens, who foot the bills and ultimately rely on transparen­cy and honesty from local government, should care even more.

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