Item - 2013.CC32.4

Tracking Status

  • City Council adopted this item on April 3, 2013 with amendments.

CC32.4 - An Investigation into the City's Below Market Rent Program

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 3 and 4, 2013, adopted the following:

 

1.         City Council adopt the recommendations contained in the investigation report (March 25, 2013) from the Ombudsman.

 

Ombudsman Recommendations

 

Taking into account all of the evidence gathered through this investigation, I make the following recommendations:

 

1.         That the City work with the Complainants to draft a list of all outstanding promises, to be completed by March 25, 2013 and that the items on this list be completed by May 31, 2013.

 

2.         If there is to be variation to the BMR policy for some tenants, staff and Council must have a transparent rationale and clear criteria to guide the differential application of the policy. The development of these should be addressed in the upcoming Community Infrastructure Service Efficiency Study, administered by the Executive Director, Social Development, Finance and Administration.

 

3.         That annual reconciliations be performed by Real Estate and provided to tenants with a standardized feedback sheet on operating costs.

 

4.         That the City establish a requirement for written notice regarding changes to operating charges, including a requirement for a minimum notice period.

 

5.         That staffing and overall resources be reviewed to ensure that the BMR portfolio is properly handled within Real Estate, Facilities and SDFA.

 

6.         That an information package be given to all BMR tenants, setting out what they can expect each year, including matters such as annual reconciliations, a breakdown of operating costs, and related information.

 

7.         That an internal review be conducted and procedures developed by Real Estate and Facilities about how, what and when information is provided to other divisions and tenants.

 

8.         That City divisions involved in this matter retain minutes of business meetings as appropriate and that a record-keeping process be established for their retention.

 

9.         That the City's corporate guidelines on record-keeping be enforced through a directive issued by the City Manager to all divisions.

 

10.       That senior managers of Real Estate and Facilities hold their staff to the City's corporate standards of communication.

 

11.       That a communication protocol be developed to formalize the relationship between Real Estate, Facilities and Social Development Finance and Administration, on their respective communication responsibilities with tenants.

 

12.       That senior managers of Real Estate and Facilities, along with their superiors, be appropriately briefed on any staff reports affecting their areas of operation prior to tabling at Council.

 

13.       That senior managers of Real Estate and Facilities hold their staff to account for their job responsibilities including, but not limited to setting achievable timelines, meeting them and communicating appropriately and consistently with stakeholders, internal and external.

 

14.       That senior managers of Real Estate and Facilities be held to account by the Chief Corporate Officer for their leadership and performance responsibilities.

 

15.       That the Chief Corporate Officer ensure the counseling of relevant employees in Real Estate and Facilities take place with respect to matters raised by this investigation.

 

16.       That Real Estate review the staff report submitted to Government Management Committee in October 2011 and make any amendments or corrections required, in a letter to the Complainants no later than March 15, 2013.

 

17.       That the City refund all property taxes to the affected organization for all monies improperly charged.

 

18.       That the City provide the above organization with a written apology by March 15, 2013 from the Chief Corporate Officer for the original error and the delay in fixing the problem.

 

19.       That a written apology be provided to the Complainants from the City Manager by March 15, 2013, for the manner in which they were treated by City officials.

 

20.       That the written apologies recommended above be provided in draft to my office for review and be issued in final form no later than March 11, 2013.

 

21.       That all draft protocols and documents referenced in the above recommendations be provided to my office for review prior to finalizing them.

 

22.       That the recommendations be completed no later than six months from the date of this report, with the exception of 1, 16,18, 19 and 20.

 

2.         City Council apologize to the complainants for the manner in which they were treated and the financial hardship they have experienced as a result.

 

3.          City Council direct the City Manager to report to the Executive Committee outlining the changes that have been made to the financial accounting systems in Facilities and Real Estate in response to the Ombudsman's report, so that City Council is assured that appropriate systems are in place to prevent problems in the future.

City Council Decision Advice and Other Information

Fiona Crean, Ombudsman, gave a presentation to City Council on this Investigation Report.

Background Information (City Council)

(March 25, 2013) Covering Report from the Ombudsman submitting an Investigation Report on the City's Below Market Rent Program (CC32.4)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-57129.pdf
(March 25, 2013) Investigation Report from the Ombudsman on the City's Below Market Rent Program
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-57130.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Frances Nunziata (Carried)

That City Council apologize to the complainants for the manner in which they were treated and the financial hardship they have experienced as a result.

Vote (Amend Item (Additional)) Apr-04-2013 11:48 AM

Result: Carried Majority Required - CC32.4 - Nunziata - motion 1
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Michelle Berardinetti, Glenn De Baeremaeker, Doug Ford, Rob Ford, Mark Grimes, Giorgio Mammoliti, Pam McConnell, Denzil Minnan-Wong

2 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council direct the City Manager to report to the Executive Committee outlining the changes that have been made to the financial accounting systems in Facilities and Real Estate in response to the Ombudsman's report, so that City Council is assured that appropriate systems are in place to prevent problems in the future.

Vote (Amend Item (Additional)) Apr-04-2013 11:49 AM

Result: Carried Majority Required - CC32.4 - Shiner - motion 2
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Michelle Berardinetti, Glenn De Baeremaeker, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Giorgio Mammoliti, Pam McConnell, Denzil Minnan-Wong

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-04-2013 11:50 AM

Result: Carried Majority Required - CC32.4 - Adopt the item as amended
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, 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 Michelle Berardinetti, Glenn De Baeremaeker, Doug Ford, Rob Ford, Mark Grimes, Giorgio Mammoliti, Pam McConnell
Source: Toronto City Clerk at www.toronto.ca/council