From:
http://www.newstalk1010.com/News/localnews/blogentry.aspx?BlogEntryID=10550836
Mayor's Office responds to destroyed information allegations
Posted By: Dave Bradley
dbradley@astral.com · 5/29/2013 5:13:00 PM
While the Mayor was holding a press conference, talking about flooding in the city, the Toronto Star has come out with new allegations that there was information destroyed within the Mayor's office, dealing with the alleged video that shows the Mayor smoking crack.
Late on Wednesday, the office of the Mayor released this statement:
City has bylaws and policies in place to ensure that City records are not destroyed.
The Information and Privacy Commissioner recently confirmed in three separate decisions that councillors' personal, political and constituency information is not subject to MFIPPA. So it is only City business that is subject to MFIPPA.
With regard to the Mayor, City business would translate to his role as chief executive officer as set out in s. 134 of the City of Toronto Act. His personal, political and constituency business would be exempt from MFIPPA.
Only City records are subject to the records retention bylaw that governs the retention and destruction of such records. Council members' personal, political and constituency records are not covered by the bylaw and therefore those are records which they can manage as they see fit.
City information, regardless of where it is stored, is available to respond to specific FOI requests when they are made.