Item - 2012.CC26.5

Tracking Status

CC26.5 - An Investigation into the Administration of the Public Appointments Policy

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on October 2, 3 and 4, 2012, adopted the following:

 

1.         City Council adopt the following recommendations contained in the investigation report (September 25, 2012) from the Ombudsman:

 

            Ombudsman Recommendations

 

Taking into account the evidence gathered through this investigation, I am making the following recommendations.

 

1.         That responsibility for the implementation of the Public Appointments Policy resides in a single unit to include the following elements:

 

i.          The unit reports to a senior executive.

ii.          The unit be staffed with the requisite expertise and experience in administration, governance, policy, human resources and equity.

iii.         The senior executive responsible for the unit acts as the liaison with elected officials during the public appointments process.

 

2.         That the unit be properly resourced with the supports necessary to ensure its success.

 

3.         That the above be put into effect by June 1, 2013.

 

4.         That the City Manager, in consultation with the City Clerk, review the Policy for any omissions or improvements, including any required processes or procedures and bring the matter forward to City Council by June 1, 2013.

 

5.         That a procedure be developed to ensure that any known applicant conflicts of interest, actual or potential, or eligibility issues are immediately reported by staff in writing to the Civic Appointments Committee; and that this procedure be completed by June 1, 2013.

 

6.         That in keeping with the Policy, sufficiently resourced ongoing community engagement strategies, coordinated across the public service, be developed and implemented to attract and recruit applicants from diverse communities.

 

2.         City Council request the City Manager, in consultation with the City Clerk, when reviewing the Public Appointments Policy, to consider staggering appointments within the boards throughout the term, so that not all board members on any given board are replaced at the same time and some continuity is maintained across the terms of Council.

Background Information (City Council)

(September 25, 2012) Covering report from the Ombudsman, submitting an Investigation Report on the Administration of the Public Appointments Policy (CC26.5)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-50532.pdf
(September 25, 2012) Investigation Report from the Ombudsman on the Administration of the Public Appointments Policy
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-50533.pdf
(October 3, 2012) Background Materials from the City Clerk on the Role of the Ombudsman (CC26.5a for information)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-50750.pdf

Communications (City Council)

(October 3, 2012) Submission from Councillor Janet Davis, Ward 31 - Beaches-East York - extract from the Public Appointments Policy (CC.New.CC26.5.1)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-32044.pdf
(October 4, 2012) E-mail from Janice Etter (CC.New.CC26.5.2)
(October 4, 2012) Submission from the City Manager - Copy of Item CA3.1, headed "Overview of the Shortlisting and Interview Process" (CC.New.CC26.5.3)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-32072.pdf

Motions (City Council)

Point of Order by Councillor Michael Thompson

Councillor Thompson rising on a point of order, stated that Council should proceed with a presentation by the Ombudsman as previously decided.

 

Speaker Nunziata accepted the point of order and advised Council that the Ombudsman had addressed Council the previous day.  Speaker Nunziata proposed that Council vote on whether to hear a further presentation from the Ombudsman.

Vote (Point of Order) Oct-04-2012 10:02 AM

Result: Carried Majority Required - CC26.5 - hear presentation from the Ombudsman
Total members that voted Yes: 23 Members that voted Yes are Ana Bail„o, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Mary Fragedakis, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Cesar Palacio, Gord Perks, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that voted No: 9 Members that voted No are Josh Colle, Frank Di Giorgio, Rob Ford, Doug Holyday, Giorgio Mammoliti, Frances Nunziata (Chair), John Parker, James Pasternak, David Shiner
Total members that were Absent: 13 Members that were absent are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, John Filion, Paula Fletcher, Doug Ford, Mark Grimes, Chin Lee, Denzil Minnan-Wong, Anthony Perruzza, Jaye Robinson, Kristyn Wong-Tam

1 - Motion to Receive Item moved by Councillor Giorgio Mammoliti (Withdrawn)
That the item be received for information.

Motion to Withdraw a Motion moved by Councillor Giorgio Mammoliti (Carried)

That motion 1 by Councillor Mammoliti be withdrawn.

Vote (Withdraw a Motion) Oct-04-2012 3:56 PM

Result: Carried Majority Required - CC26.5 - Mammoliti - Withdraw motion 1
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 17 Members that were absent are Josh Colle, Glenn De Baeremaeker, Mike Del Grande, John Filion, Rob Ford, Mary Fragedakis, Mark Grimes, Mike Layton, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, John Parker, James Pasternak, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam

2 - Motion to Amend Item (Additional) moved by Councillor Anthony Perruzza (Carried)

That City Council request the City Manager, in consultation with the City Clerk, when reviewing the Public Appointments Policy, to consider staggering appointments within the boards throughout the term, so that not all board members on any given board are replaced at the same time and some continuity is maintained across the terms of Council.

Vote (Amend Item (Additional)) Oct-04-2012 4:39 PM

Result: Carried Majority Required - CC26.5- Perruzza - motion 2
Total members that voted Yes: 29 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 10 Members that voted No are Paul Ainslie, Gary Crawford, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Peter Milczyn, John Parker, Jaye Robinson
Total members that were Absent: 6 Members that were absent are Mike Del Grande, Giorgio Mammoliti, Mary-Margaret McMahon, Ron Moeser, David Shiner, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Oct-04-2012 4:40 PM

Result: Carried Majority Required - CC26.5 - adopt the item as amended
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Mike Del Grande, Norman Kelly, Giorgio Mammoliti, Mary-Margaret McMahon, Ron Moeser, David Shiner, Michael Thompson

Motion to End Debate moved by Councillor Cesar Palacio (Lost)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item CC26.5 and take the vote immediately.

Vote (End Debate) Oct-04-2012 4:06 PM

Result: Lost Two-Thirds Required - CC26.5 - End debate
Total members that voted Yes: 15 Members that voted Yes are Paul Ainslie, Gary Crawford, Vincent Crisanti, Doug Ford, Rob Ford, Mark Grimes, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Peter Milczyn, Cesar Palacio, James Pasternak, Jaye Robinson, Karen Stintz
Total members that voted No: 20 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Doug Holyday, Chin Lee, Josh Matlow, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Adam Vaughan
Total members that were Absent: 10 Members that were absent are Josh Colle, Mike Del Grande, Mike Layton, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, John Parker, David Shiner, Michael Thompson, Kristyn Wong-Tam

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Mammoliti's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Oct-04-2012 2:45 PM

Result: Carried Majority Required - CC26.5 - Extend Councillor Mammoliti's speaking time
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, John Filion, Mary Fragedakis, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Maria Augimeri, Paula Fletcher, Mark Grimes, Chin Lee, Joe Mihevc, Adam Vaughan
Total members that were Absent: 14 Members that were absent are Michelle Berardinetti, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Doug Ford, Rob Ford, Mike Layton, Josh Matlow, Pam McConnell, Ron Moeser, James Pasternak, Karen Stintz

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Mihevc's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Oct-04-2012 2:56 PM

Result: Carried Majority Required - CC26.5 - Extend Councillor Mihevc`s speaking time
Total members that voted Yes: 20 Members that voted Yes are Ana Bail„o, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Sarah Doucette, John Filion, Doug Ford, Doug Holyday, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Maria Augimeri, Paula Fletcher, Rob Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti
Total members that were Absent: 19 Members that were absent are Paul Ainslie, Michelle Berardinetti, Josh Colle, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mary Fragedakis, Norman Kelly, Mike Layton, Josh Matlow, Denzil Minnan-Wong, Ron Moeser, John Parker, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson

Motion to Extend Speaking Time (Carried)

Deputy Speaker Parker proposed that Councillor Nunziata's speaking time be extended so that she could complete her remarks.

Vote (Extend Speaking Time) Oct-04-2012 3:16 PM

Result: Carried Majority Required - CC26.5 - Extend Councillor Nunziata's speaking time
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Mary Fragedakis, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson
Total members that voted No: 5 Members that voted No are Shelley Carroll, Paula Fletcher, Mark Grimes, Chin Lee, Adam Vaughan
Total members that were Absent: 15 Members that were absent are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Josh Colle, Glenn De Baeremaeker, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mike Layton, Ron Moeser, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam

Motion to Extend Speaking Time (Carried)

Deputy Speaker Parker proposed that Councillor Perruzza's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Oct-04-2012 3:30 PM

Result: Carried Majority Required - CC26.5 - Extend Councillor Perruzza's speaking time
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Mark Grimes, Denzil Minnan-Wong, Jaye Robinson
Total members that were Absent: 18 Members that were absent are Maria Augimeri, Michelle Berardinetti, Josh Colle, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Chin Lee, Giorgio Mammoliti, Josh Matlow, Joe Mihevc, Ron Moeser, Frances Nunziata, David Shiner, Karen Stintz

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Vaughan's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Oct-04-2012 4:29 PM

Result: Carried Majority Required - CC26.5 - Extend Councillor Vaughan`s speaking time
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan
Total members that voted No: 4 Members that voted No are Paula Fletcher, Mark Grimes, Chin Lee, Denzil Minnan-Wong
Total members that were Absent: 14 Members that were absent are Josh Colle, Glenn De Baeremaeker, Mike Del Grande, John Filion, Mike Layton, Giorgio Mammoliti, Mary-Margaret McMahon, Peter Milczyn, Ron Moeser, James Pasternak, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam

Point of Privilege

October 3, 2012

 

Speaker Nunziata advised the Council that the Ombudsman's investigation report was scheduled to be the next Item.  The Speaker further advised Council that the Ombudsman was not well and proposed that Council consider this matter as the first item of business on October 4th.

 

Councillor Mammoliti, rising on a point of privilege, requested the Speaker to ensure that prior to the debate on this Item, all Members of Council are provided with information on the Ombudsman’s mandate.  Councillor Mammoliti also requested the City Clerk to provide written advice to Council on how this report was tabled, which in his opinion is a politically driven report.

 

Councillor Perks, rising on a point of privilege, stated that the Code of Conduct requires that Members of Council should not attempt to bully and intimidate Toronto Public Servants and that under Council's Procedures, if City staff are in some way defamed by a Member of the Council, that the member of the public service must be given an opportunity to reply.  Councillor Perks requested the Speaker to rule that Councillor Mammoliti's remarks are such a violation, and that the Ombudsman should be given an opportunity to reply to the Councillor's remarks.

 

Councillor Mcconnell, rising on a point of privilege, stated that she believed that the name of the Ombudsman had been impugned by a member and asked that the member retract the remarks and apologize.

 

Speaker Nunziata accepted the points of privilege and requested Councillor Mammoliti to retract his comments respecting the Ombudsman and apologize. Speaker Nunziata read the rule from the Council Procedures that permits a City official to make a statement to Council or committee if the chair or a member considers that a member has directly or indirectly questioned the integrity of a City official.  The Speaker again asked Councillor Mammoliti to apologize for his remarks.

 

Councillor Carroll, rising on a point of order, stated that the Speaker should take this matter under advisement and issue a written decision after the lunch recess.

 

Speaker Nunziata again requested Councillor Mammoliti to apologize.

 

Councillor Perks, rising on a point of order, requested the Speaker to follow the procedures for calling a member to order.

 

Councillor Mammoliti, rising on a point of privilege, advised the Council that he was leaving the chamber.

 

Following a brief recess in the meeting, Speaker Nunziata advised the Council that the Ombudsman would now address City Council.

 

The Ombudsman addressed City Council on her investigation report.

 

Later in the meeting, Councillor Mammoliti, rising on a point of privilege, addressed the Council about his earlier remarks on the Ombudsman's report.  Councillor Mammoliti stated that he had not intended to imply that the Ombudsman was politically driven and that if his remarks had been misconstrued or taken out of context, he apologized.

 

Councillor Mammoliti on a further point of privilege stated that Councillor Perks had disrupted a press briefing and had make inappropriate comments to him.  Councillor Mammoliti requested that Councillor Perks apologize.

 

Speaker Nunziata accepted the points of privilege and called upon Councillor Perks.

 

Councillor Perks addressed the Council and apologized to Councillor Mammoliti and all the Members of Council, stating that today of all days, he should have remembered to treat the Chamber and his fellow Councillors with more respect.

Source: Toronto City Clerk at www.toronto.ca/council