Item - 2013.MM41.25

Tracking Status

  • City Council adopted this item on November 13, 2013 with amendments.

MM41.25 - Requesting Mayor Ford to respond to recent events - by Councillor Denzil Minnan-Wong, seconded by Councillor Peter Milczyn

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on November 13, 14, 15 and 18, 2013, adopted the following:

 

1.         City Council request Mayor Rob Ford to apologize for misleading the City of Toronto as to the existence of a video in which he appears to be involved in the use of drugs.

 

2.         City Council urge Mayor Rob Ford to co-operate fully with the Toronto Police in their investigation of these matters by meeting with them in order to respond to questions arising from their investigation.

 

3.         City Council request Mayor Rob Ford to apologize for writing a letter of reference for Alexander "Sandro" Lisi, an alleged drug dealer, on City of Toronto Mayor letterhead.

 

4.         City Council request Mayor Ford to answer to Members of Council on the aforementioned subjects directly and not through the media.

 

5.         City Council urge Mayor Rob Ford to take a temporary leave of absence to address his personal issues, then return to lead the City in the capacity for which he was elected.

 

6.         City Council request the Integrity Commissioner to report back to City Council on the concerns raised in Part 1 through 5 above in regard to the Councillors' Code of Conduct.

Background Information (City Council)

Communications (City Council)

(November 7, 2013) E-mail from Glenn Storey (MM.Supp.MM41.25.1)
(November 7, 2013) E-mail from John De Marco (MM.Supp.MM41.25.2)
(November 7, 2013) E-mail from David Levy (MM.Supp.MM41.25.3)
(November 8, 2013) E-mail from Dawn Ages (MM.Supp.MM41.25.4)
(November 12, 2013) E-mail from Michael von Teichman (MM.New.MM41.25.5)
(November 13, 2013) Petition from Councillor Jaye Robinson, Ward 25 - Don Valley West, addressed to Mayor Rob Ford, signed by Members of Council, filed during the routine matters portion of the meeting (MM.New)

Motions (City Council)

1 - Motion to Refer Item moved by Councillor Giorgio Mammoliti (Out of Order)

That the item be referred to the Mayor's Office for consideration.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled Councillor Mammoliti's motion 1 out of order as it was not placed at the start of his speaking time.


2 - Motion to Refer Item moved by Councillor Gord Perks (Lost)

That City Council refer  MM41.25 to the Integrity Commissioner and request that she undertake an investigation of violations of the Code of Conduct by Mayor Rob Ford, and report back as soon as possible but no later than the February 19, 2014 meeting of City Council with any recommendations for appropriate penalties or sanctions.

Vote (Refer Item) Nov-13-2013 3:07 PM

Result: Lost Majority Required - MM41.25 - Perks - motion 2 - Refer the Item
Total members that voted Yes: 19 Members that voted Yes are Maria Augimeri, Ana Bail„o, Raymond Cho, Janet Davis, Sarah Doucette, Paula Fletcher, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Cesar Palacio, John Parker, Gord Perks, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 25 Members that voted No are Paul Ainslie, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Peter Leon, Josh Matlow, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson
Total members that were Absent: 1 Members that were absent are Gloria Lindsay Luby

Vote (Refer Item) Nov-13-2013 3:10 PM

Result: Lost Majority Required - MM41.25 - Perks - motion 2 - REVOTE
Total members that voted Yes: 18 Members that voted Yes are Maria Augimeri, Ana Bail„o, Raymond Cho, Janet Davis, Sarah Doucette, Paula Fletcher, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Cesar Palacio, John Parker, Gord Perks, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 26 Members that voted No are Paul Ainslie, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Peter Leon, Josh Matlow, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson
Total members that were Absent: 1 Members that were absent are Gloria Lindsay Luby
Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled Councillor Mammoliti's questions of Councillor Perks on motion 2 out of order as the questions were not related to the referral motion.


Motion to Reconsider Vote moved by Councillor Glenn De Baeremaeker (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 2 by Councillor Perks.

Vote (Reconsider Vote) Nov-13-2013 3:09 PM

Result: Carried Two-Thirds Required - MM41.25 - Re-consider the vote on motion 2 by Councillor Perks
Total members that voted Yes: 42 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, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Giorgio Mammoliti, Josh Matlow, Pam McConnell, 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: 2 Members that voted No are Doug Ford, Rob Ford
Total members that were Absent: 1 Members that were absent are Gloria Lindsay Luby

3 - Motion to Amend Item (Additional) moved by Councillor Shelley Carroll (Carried)

That City Council request the Integrity Commissioner to report back to City Council on the concerns raised in Recommendations 1 through 5 in regard to the Councillors' Code of Conduct.

Vote (Amend Item (Additional)) Nov-13-2013 3:28 PM

Result: Carried Majority Required - MM41.25 - Carroll - motion 3
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, Adam Vaughan
Total members that voted No: 6 Members that voted No are Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Anthony Perruzza, David Shiner
Total members that were Absent: 4 Members that were absent are Raymond Cho, Gloria Lindsay Luby, Karen Stintz, Kristyn Wong-Tam

4 - Motion to Amend Item (Additional) moved by Mayor Rob Ford (Out of Order)

That City Council direct that all Members of Council undergo hair drug and alcohol testing by December 1, 2013 with the necessary funds to be covered by Mayor Ford.

Ruling by Speaker Frances Nunziata (Upheld)
Speaker Nunziata ruled motion 4 by Mayor Ford out of order as the matter of drug testing is not before Council.

Challenged by Mayor Rob Ford


a - Motion to Adopt Item as Amended (Carried)

As it pertains to Part 1.

Vote (Adopt Item as Amended) Nov-13-2013 3:29 PM

Result: Carried Majority Required - MM41.25 - Adopt the Item as amended - Part 1
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan
Total members that voted No: 6 Members that voted No are Maria Augimeri, Frank Di Giorgio, Doug Ford, Rob Ford, John Parker, Anthony Perruzza
Total members that were Absent: 3 Members that were absent are Gloria Lindsay Luby, Karen Stintz, Kristyn Wong-Tam

b - Motion to Adopt Item as Amended (Carried)

 As it pertains to Part 2.

Vote (Adopt Item as Amended) Nov-13-2013 3:30 PM

Result: Carried Majority Required - MM41.25 - Adopt the Item as amended - Part 2
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 5 Members that voted No are Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Anthony Perruzza
Total members that were Absent: 6 Members that were absent are Janet Davis, Gloria Lindsay Luby, Gord Perks, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam

c - Motion to Adopt Item as Amended (Carried)

As it pertains to Part 3.

Vote (Adopt Item as Amended) Nov-13-2013 3:31 PM

Result: Carried Majority Required - MM41.25 - Adopt the Item as amended - Part 3
Total members that voted Yes: 36 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, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, Adam Vaughan
Total members that voted No: 6 Members that voted No are Frank Di Giorgio, Doug Ford, Rob Ford, Peter Leon, Anthony Perruzza, David Shiner
Total members that were Absent: 3 Members that were absent are Gloria Lindsay Luby, Karen Stintz, Kristyn Wong-Tam

d - Motion to Adopt Item as Amended (Carried)

As it pertains to Part 4.

Vote (Adopt Item as Amended) Nov-13-2013 3:32 PM

Result: Carried Majority Required - MM41.25 - Adopt the Item as amended - Part 4
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Peter Leon, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, Adam Vaughan
Total members that voted No: 9 Members that voted No are Vincent Crisanti, Paula Fletcher, Doug Ford, Rob Ford, Norman Kelly, Giorgio Mammoliti, Cesar Palacio, Anthony Perruzza, David Shiner
Total members that were Absent: 3 Members that were absent are Gloria Lindsay Luby, Karen Stintz, Kristyn Wong-Tam

e - Motion to Adopt Item as Amended (Carried)

As it pertains to Part 5.

Vote (Adopt Item as Amended) Nov-13-2013 3:33 PM

Result: Carried Majority Required - MM41.25 - Adopt the Item as amended - Part 5
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan
Total members that voted No: 5 Members that voted No are Maria Augimeri, Doug Ford, Rob Ford, John Parker, Gord Perks
Total members that were Absent: 3 Members that were absent are Gloria Lindsay Luby, Karen Stintz, Kristyn Wong-Tam

Motion to End Debate moved by Councillor Paul Ainslie (Lost)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item MM41.25 and take the vote immediately.

Vote (End Debate) Nov-13-2013 3:17 PM

Result: Lost Two-Thirds Required - MM41.25 - Ainslie - End debate
Total members that voted Yes: 11 Members that voted Yes are Paul Ainslie, Ana Bail„o, Shelley Carroll, Mike Del Grande, Sarah Doucette, Paula Fletcher, Norman Kelly, Giorgio Mammoliti, Mary-Margaret McMahon, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 32 Members that voted No are Maria Augimeri, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Peter Leon, Josh Matlow, Pam McConnell, 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, Michael Thompson
Total members that were Absent: 2 Members that were absent are Gloria Lindsay Luby, Karen Stintz

Point of Privilege by Councillor Denzil Minnan-Wong

Councillor Minnan-Wong, rising on a Point of Privilege, stated that while he was attempting to approach the Speaker, Mayor Ford had stopped him, blocking his path by physically standing in his way and had told Councillor Minnan-Wong to sit down.  Councillor Minnan-Wong stated that he told Mayor Ford that he wanted to talk to the Speaker but Mayor Ford continued to block his path. 


Point of Privilege by Councillor Denzil Minnan-Wong

Councillor Minnan-Wong, rising on a Point of Privilege, stated that Mayor Ford had stood very close to him in a threatening manner during their earlier exchange and that other Members had witnessed this exchange.  Councillor Minnan-Wong requested the Speaker to address the issue and issue a warning to Mayor Ford in accordance with Section 27-47 of Chapter 27, Council Procedures.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and requested Mayor Ford to apologize to Councillor Minnan-Wong. Mayor Ford clarified his earlier behaviour and subsequently apologized to Councillor Minnan-Wong.


Point of Order by Councillor Michael Thompson

Councillor Thompson, rising on a Point of Order, stated that clarification was needed on rules in the chamber concerning whether Members are permitted to move around the chamber to speak quietly with each other or staff.  Councillor Thompson further stated that the Speaker had earlier given the impression that Members are never permitted to move around the Chamber and that the Mayor is permitted to enforce such rule.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and stated that Members of Council need to be in their seat when they are speaking, voting or during questions of staff. Speaker Nunziata reminded Members that she asks Members constantly to take their seats as this behaviour is disruptive to the proceedings.

Councillor Thompson stated that the Speaker had not addressed his Point of Order. Speaker Nunziata stated that she had provided clarification.


Point of Order by Councillor John Parker

Councillor Parker, rising on a Point of Order, stated that he was unclear on the Speaker's ruling on Councillor Thompson's Point of Order and requested that the Speaker identify the rule that states Members are not permitted to move around the Chamber.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and clarified that although there is no rule in the Procedures By-law, Members must have respect for one another.


Point of Privilege by Councillor Karen Stintz

Councillor Stintz, rising on a Point of Privilege, stated that as a member of this Chamber her privilege is being violated by constant interruptions from Councillor Ford and that he interferes with Members' right to speak.  Councillor Stintz requested the Speaker to warn Councillor Ford and advise him that the Members' privileges in the Chamber are being violated by his behaviour.

 

Councillor Stintz further stated that as Councillor Ford had not asked any questions concerning Councillor Minnan-Wong's motion, he be asked to withdraw his remarks and question for clarification of the motion only. 

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and advised Council that she would rule on this matter once Councillor Ford had returned to the Chamber.

Later in the meeting, Speaker Nunziata made the following ruling:

Members, before lunch on November 13, Councillor Stintz rose on a Point of Privilege during questioning of Councillor Minnan-Wong by Councillor Ford. Councillor Stintz expressed concern that Councillor Ford was violating Council's privilege to hear the debate, being disruptive and speaking over Members who held the floor. She also asked me to rule his questions were out of order as they were not seeking clarification of the motion before Council and to withdraw the remarks and inferences he made regarding Councillor Minnan-Wong and other Members of Council.

Councillor Stintz requested that Councillor Ford apologize to Council for not following the Council Procedures in disrupting the meeting, and to withdraw his remarks.

Councillor Ford, I rule that you have violated Council's privilege and request that you apologize to Council for not observing the Council Procedures and withdraw your remarks making allegations about other Councillors.

Councillor Ford did not apologize and did not withdraw his remarks.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that Speaker Nunziata had not yet ruled on Councillor Stintz's earlier Point of Privilege.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that as Speaker Nunziata had provided two warnings to Councillor Ford to come to order, the Speaker should remove Councillor Ford from the Chamber. Speaker Nunziata did not remove Councillor Ford from the Chamber.

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