Item - 2012.CC27.10

Tracking Status

  • City Council adopted this item on October 30, 2012 with amendments.

CC27.10 - Report on Violation of Code of Conduct for Members of Council: Councillor Michelle Berardinetti

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on October 30, 31 and November 1, 2012, adopted the following:

 

1.         City Council adopt the recommendation that Councillor Berardinetti has violated Article XII of the Code of Conduct.

 

2.         City Council not impose any sanction on Councillor Berardinetti.

 

3.         City Council request the Integrity Commissioner to refrain from reporting violations of the Code of Conduct by Members of Council pending a decision in Magder v. Ford.

City Council Decision Advice and Other Information

City Council considered the following Items together:

 

CC27.10, headed "Report on Violation of Code of Conduct for Members of Council: Councillor Michelle Berardinetti",

 

CC27.11, headed "Report on Violation of Code of Conduct for Members of Council: Mayor Rob Ford", and

 

CC27.12, headed "Report on Violation of Code of Conduct for Members of Council: Councillor Doug Ford".

 

City Council subsequently voted on each Item separately.

Background Information (City Council)

(October 23, 2012) Report from the Integrity Commissioner on Violation of Code of Conduct for Members of Council: Councillor Michelle Berardinetti (CC27.10)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-51455.pdf
(October 24, 2012) Supplementary report from the Integrity Commissioner on Code of Conduct Violations by Members of Council (CC27.10a)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-51480.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Peter Milczyn (Amended)

That:

 

1.         City Council defer Item CC27.10 until there has been a decision in Magder v. Ford.

 

2.         City Council request the Integrity Commissioner to refrain from reporting violations of the Code of Conduct by members of Council pending a decision in Magder v. Ford.

 

Part 1 of motion 1 by Councillor Milczyn did not carry.

Vote (Defer Item) Nov-01-2012 8:35 PM

Result: Lost Majority Required - CC27.10 - Milczyn motion 1 - Part 1 to defer the Item
Total members that voted Yes: 2 Members that voted Yes are Frank Di Giorgio, Peter Milczyn
Total members that voted No: 24 Members that voted No are Ana Bail„o, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan
Total members that were Absent: 19 Members that were absent are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Glenn De Baeremaeker, Doug Ford, Rob Ford, Mary Fragedakis, Gloria Lindsay Luby, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, John Parker, James Pasternak, Karen Stintz, Kristyn Wong-Tam

Vote (Defer Item) Nov-01-2012 8:39 PM

Result: Carried Majority Required - CC27.10 - Milczyn motion 1 - Part 2
Total members that voted Yes: 18 Members that voted Yes are Ana Bail„o, Michelle Berardinetti, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Josh Matlow, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 10 Members that voted No are Josh Colle, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mike Layton, Chin Lee, Pam McConnell, Gord Perks, Adam Vaughan
Total members that were Absent: 17 Members that were absent are Paul Ainslie, Maria Augimeri, Shelley Carroll, Raymond Cho, Glenn De Baeremaeker, Doug Ford, Mary Fragedakis, Gloria Lindsay Luby, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, John Parker, James Pasternak, Karen Stintz, Kristyn Wong-Tam

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Nov-01-2012 8:47 PM

Result: Carried Majority Required - CC27.10 - Adopt the item as amended
Total members that voted Yes: 29 Members that voted Yes are Ana Bail„o, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 16 Members that were absent are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Mary Fragedakis, Gloria Lindsay Luby, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, John Parker, James Pasternak, Karen Stintz, Kristyn Wong-Tam

Motion to End Debate moved by Councillor Chin Lee (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, Council end the debate on motion 1 by Councillor Milczyn to defer Items CC27.10, CC27.11 and CC27.12, and take the vote immediately.

Vote (End Debate) Nov-01-2012 8:45 PM

Result: Carried Two-Thirds Required - End Debate on the deferral motion
Total members that voted Yes: 22 Members that voted Yes are Ana Bail„o, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan
Total members that voted No: 5 Members that voted No are Glenn De Baeremaeker, Paula Fletcher, Doug Holyday, Josh Matlow, Anthony Perruzza
Total members that were Absent: 18 Members that were absent are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Doug Ford, Rob Ford, Mary Fragedakis, Gloria Lindsay Luby, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, John Parker, James Pasternak, Karen Stintz, Kristyn Wong-Tam
Source: Toronto City Clerk at www.toronto.ca/council