By Mark Squibb/April 28, 2022
Councillors in Bay Bulls will no longer have access to a snow equipment monitoring system following an investigation from the Office of the Information and Privacy Commissioner.
At their April 13 public meeting, councillors acknowledged the results of the investigation and rescinded a February motion in which they had granted themselves access to the AVL (auto vehicle locator) login system. The system tracks snow clearing equipment.
Back in February, the decision to access the AVL system caused a fair amount of debate.
Deputy Mayor Jason O’Brien moved the motion to give councillors access to the system, while councillor Keith O’ Driscoll, opposed the idea, but seconded O’Brien’s motion so that council could discuss it.
“For myself, I don’t know if we actually really need to have a log in,” O’ Driscoll argued at the time. “At our last meeting that we held, we requested to see if the software could provide us an email or text message. If that’s something that the software is unable to do, maybe we can be given the ability to contact the contractor if we were to have a request from any of our residents.”
O’Driscoll suggested that if the AVL system is unable to e-mail or text councillors as to the whereabouts of snowclearing equipment, perhaps they could contact the snowclearing contractor directly to pass on requests from residents.
Mayor Neil O’Brien, however, countered that AVL is a common tracking system, and that if councillors had access to it, they could use it to keep residents updated on snow clearing, or answer specific snow clearing questions.
“With a log in you could do on your phone, you could answer some questions, like if someone had a question on if equipment is working or not, it would be easy to address,” said the mayor. “We have the tools and we’re paying for the service.”
Councillor Jason Sullivan said that as the motion involved access to a private contractor’s equipment information, the Town should check with the Privacy Office before proceeding. He also suggested that maybe just the chairperson of the Public Works committee have access to the log in code.
“Again, he’s a private contractor, yes, but he’s doing a public service,” said Mayor O’Brien. “He’s providing a duty to the residents of the town.”
Sullivan said he was just suggesting council tick all its boxes before moving ahead with the action. Councillor Keith O’ Driscoll voiced his agreement with Sullivan’s idea.
“I don’t see why elected town officials can’t have that same access,” said O’Brien. “I just don’t see why this is such a roadblock. I don’t see it.”
O’Driscoll made a motion that the Town make any inquiry to the privacy commissioner before voting on the matter.
Aspell then said that as a motion had already been made to grant access to the AVL log-in, council could either amend the first motion, or let it go to a vote, and, should that motion fail, make a second motion to check with the privacy question.
“Let’s go ahead for a vote,” said the mayor. “All in favour?”
Mayor O’Brien, Deputy Mayor O’Brien, and Jason Sullivan voted in favour of the motion to grant councillors access to the system. Councillors Keith and Shannon O’ Driscoll voted against it.
That vote set up the debate and vote for the April meeting.
Councillor Keith O’Driscoll noted the Privacy Commissioner’s ruling that councillors’ access to the AVL system was prohibited and that the Town should limit the number of staff who have access to it.
He then moved to rescind the February motion, which was seconded by councillor Shannon O’ Driscoll. Council then voted unanimously to rescind it.