Item - 2013.MM39.1

Tracking Status

  • City Council adopted this item on October 8, 2013 with amendments.

MM39.1 - Minutes of Settlement with Giorgio Mammoliti - by Councillor Mike Del Grande, seconded by Councillor Cesar Palacio

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on October 8, 9, 10 and 11, 2013, adopted the following:

 

1.         City Council adopt the recommendations set out in the Confidential Attachment 1 to the report (September 16, 2013) from the City Manager.

 

2.         City Council authorize the release of the confidential recommendations in the Confidential Attachment 1 to the report (September 16, 2013) from the City Manager.

 

3.         City Council authorize the release of the confidential Minutes of Settlement in Appendix 1 to the report (September 16, 2013) from the City Manager except for the quantum of the payments in accordance with paragraph 9 of the Minutes of Settlement once they have been signed and the balance of the Confidential Attachment 1 remain confidential in its entirety due to litigation privilege.

 

The confidential recommendations contained in Confidential Attachment 1 to the report (September 16, 2013) from the City Manager were adopted by City Council and are now public:

 

1.         City Council approve the revised Minutes of Settlement attached as Appendix 1 to the report (September 16, 2013) from the City Manager.

 

2.         City Council authorize the City Manager to execute the revised Minutes of Settlement on behalf of the City. 

 

The balance of Confidential Attachment 1 to the report (September 16, 2013) from the City Manager remains confidential in accordance with the City of Toronto Act, 2006 due to litigation privilege.

 

The Confidential Minutes of Settlement in Appendix 1 to the report (September 16, 2013) from the City Manager remain confidential at this time in accordance with the City of Toronto Act, 2006, as they pertain to litigation privilege.  The Confidential Minutes of Settlement in Appendix 1 to the report (September 16, 2013) from the City Manager, except for the quantum of the payments in accordance with paragraph 9 of the Minutes of Settlement, will be made public once they have been signed.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on October 9, 2013, to consider confidential information on this Item as it pertains to litigation or potential litigation including matters before administrative tribunals, affecting the municipality or local board.  City Council subsequently did not consider this Item in the October 9, 2013 closed session.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

Background Information (City Council)

Member Motion MM39.1
https://www.toronto.ca/legdocs/mmis/2013/mm/bgrd/backgroundfile-62267.pdf
(September 16, 2013) Report from the City Manager on Proposed Amendment to Settlement of a Compliance Audit Payment related to the 2006 Election (MM39.1a)
https://www.toronto.ca/legdocs/mmis/2013/mm/bgrd/backgroundfile-62118.pdf
Confidential Attachment 1
Confidential Appendix 1 - Minutes of Settlement - made public with redaction on November 28, 2013.
https://www.toronto.ca/legdocs/mmis/2013/mm/bgrd/backgroundfile-64355.pdf

Motions (City Council)

Report of Committee of the Whole

October 9, 2013 at 7:51 p.m - Speaker Speaker Nunziata advised that City Council did not consider Member Motion MM39.1 in the closed session.


Motion to Amend Item moved by Councillor Mike Del Grande (Carried)

That City Council delete the recommendations in MM39.1:

 

Recommendations to be deleted

 

1.         City Council direct the City Manager to negotiate with Giorgio Mammoliti to adjust his Minutes of Settlement to reflect a reimbursement reasonably proportionate to that being paid by Adrian Heaps including payment within 30 days of Council’s approval.

 

2.         City Council authorize the City Manager to execute revised Minutes of Settlement with Giorgio Mammoliti reflecting the terms set out in Recommendation 1 above.

 

and adopt instead the recommendations contained in the report (September 16, 2013) from the City Manager [MM39.1a]:

 

1.         Council adopt the recommendations set out in the confidential attachment;

 

2.         Council authorize the release of the confidential recommendations upon adoption; and

 

3.         Council authorize the release of the confidential Minutes of Settlement in Appendix 1 except for the quantum of the payments in accordance with paragraph 9 of the Minutes of Settlement once they have been signed and the balance of the confidential attachment 1 remain confidential in its entirety due to litigation privilege.

Vote (Amend Item) Oct-10-2013 5:49 PM

Result: Carried Majority Required - MM39.1 - Del Grande - motion 1
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, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are John Filion, Mary-Margaret McMahon, Jaye Robinson
Total members that were Absent: 4 Members that were absent are Michelle Berardinetti, Janet Davis, Giorgio Mammoliti, Cesar Palacio

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Oct-10-2013 5:51 PM

Result: Carried Majority Required - MM39.1 - Adopt the item as amended
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, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are John Filion, Mary-Margaret McMahon, Jaye Robinson, Adam Vaughan
Total members that were Absent: 4 Members that were absent are Michelle Berardinetti, Janet Davis, Giorgio Mammoliti, Cesar Palacio

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Michelle Berardinetti - as it is in direct relation to another matter before Council.
Councillor Giorgio Mammoliti - as the Item relates to him.
Source: Toronto City Clerk at www.toronto.ca/council