Item - 2014.CC54.2
Tracking Status
- City Council adopted this item on July 8, 2014 with amendments.
CC54.2 - Appointment of the Toronto Ombudsman
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on July 8, 9, 10 and 11, 2014, adopted the following:
1. City Council confirm the confidential instructions to staff issued in the closed session, and, should staff be unable to carry out the instructions, City Council:
a. authorize the City Manager to retain an external recruitment firm to conduct a recruitment process for a Toronto Ombudsman;
b. request the Deputy Mayor to appoint a selection panel to recommend a candidate for City Council’s consideration and authorized to chair, or designate a chair; and
c. request the City Manager to report back to City Council as required for further direction to ensure compliance with its obligations pursuant to the City of Toronto Act, 2006.
The following confidential instructions to staff issued in the closed session are now public:
City Council instruct the City Manager to amend the notice provisions of the Ombudsman's employment agreement, with the agreement of the Ombudsman, in order to provide that either party is required to provide six (6) months notice to the other if they do not wish to extend the term of the agreement.
Confidential Attachment 1 to the report (June 2, 2014) from the City Manager remains confidential in its entirety in accordance with the City of Toronto Act, 2006, as it relates to personal matters about an identifiable person and pertains to labour relations or employee negotiations.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole on July 8, 2014, and considered confidential information on this Item as it relates to personal matters about an identifiable person and labour relations or employee negotiations.
Confidential Attachment - Personal matters about an identifiable person and labour relations or employee negotiations
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-71093.pdf
Confidential Attachment 1
Communications (City Council)
(July 9, 2014) Submission from Councillor James Pasternak, Ward 10, York Centre - Toronto Star and Globe and Mail articles (CC.New.CC54.2.2)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-48674.pdf
Motions (City Council)
July 8, 2014 at 8:00 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item CC54.2 headed "Appointment of the Toronto Ombudsman" in the closed session. City Council adopted confidential instructions during closed session.
That:
1. City Council re-appoint Fiona Crean as the Toronto Ombudsman for an additional five (5) year non-renewable term effective November 17, 2015 and terminating November 17, 2020 with remuneration to continue in the current range and subject to the successful negotiation of an Employment Agreement;
2. City Council:
a. authorize the City Manager to negotiate an Employment Agreement with the Toronto Ombudsman and to execute any related documents as necessary; and
b. in the event that the City Manager and the Toronto Ombudsman are unable to execute an Employment Agreement governing her re-appointment for a five (5) year non- renewable term by July 31, 2014, request the City Manager to report back to City Council for further direction to ensure compliance with its obligation pursuant to the City of Toronto Act, 2006.
Vote (Adopt Item) Jul-10-2014 11:24 AM
| Result: Lost | Majority Required - CC45.2 - Berardinetti - motion 1 |
|---|---|
| Total members that voted Yes: 3 | Members that voted Yes are Paul Ainslie, Pam McConnell, Cesar Palacio |
| Total members that voted No: 35 | Members that voted No are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam |
| Total members that were Absent: 7 | Members that were absent are Josh Colle, Rob Ford, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, David Shiner, Karen Stintz |
That City Council confirm the confidential instructions to staff issued in the closed session, and, should staff be unable to carry out the instructions, City Council:
1. authorize the City Manager to retain an external recruitment firm to conduct a recruitment process for a Toronto Ombudsman;
2. request the Deputy Mayor to appoint a selection panel to recommend a candidate for City Council’s consideration and authorized to chair, or designate a chair; and
3. request the City Manager to report back to City Council as required for further direction to ensure compliance with its obligations pursuant to the City of Toronto Act, 2006.
Vote (Amend Item) Jul-10-2014 11:25 AM
| Result: Carried | Majority Required - CC45.2 - Filion - Motion 2 - Amend the Item |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, John Parker (Chair), Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Michael Thompson, Kristyn Wong-Tam |
| Total members that voted No: 15 | Members that voted No are Michelle Berardinetti, Gary Crawford, Vincent Crisanti, Mike Del Grande, Doug Ford, Mark Grimes, Norman Kelly, Peter Leon, James Maloney, Mary-Margaret McMahon, Frances Nunziata, Cesar Palacio, James Pasternak, Jaye Robinson, David Shiner |
| Total members that were Absent: 6 | Members that were absent are Josh Colle, Rob Ford, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Karen Stintz |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item CC54.2 and take the vote immediately.
Vote (End Debate) Jul-10-2014 11:22 AM
| Result: Carried | Two-Thirds Required - CC54.2 - Davis - End debate |
|---|---|
| Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, John Parker (Chair), James Pasternak, Gord Perks, Ceta Ramkhalawansingh, Michael Thompson |
| Total members that voted No: 11 | Members that voted No are Gary Crawford, Vincent Crisanti, Mark Grimes, Norman Kelly, James Maloney, Josh Matlow, Mary-Margaret McMahon, Cesar Palacio, Anthony Perruzza, Jaye Robinson, Kristyn Wong-Tam |
| Total members that were Absent: 12 | Members that were absent are Josh Colle, Glenn De Baeremaeker, Frank Di Giorgio, Doug Ford, Rob Ford, Chin Lee, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, David Shiner, Karen Stintz |
Councillor De Baeremaeker, rising on a Point of Order, stated that the Speaker should rule on whether Councillor Perks' questions of Councillor Berardinetti are in order.
Councillor De Baeremaeker challenged the Speaker's ruling. Councillor De Baeremaeker subsequently withdrew his challenge and stated that the Speaker's comments about Members not listening was not fair.
Speaker Nunziata apologized for her comment.
Councillor Berardinetti, rising on a Point of Privilege, stated that Councillor Perks used the word "dishonourable" in his comments about a Member who moved a motion on the Item and asked that he retract his comments.
Councillor Perks stated that he did not recall using the word "dishonourable" and if he did, he apologized.
Councillor Grimes, rising on a Point of Order, stated that the need clarification on the order of the voting.
Councillor Filion, rising on a Point of Order, stated that the Speaker should clarify whether the confidential instructions to staff were on the floor.
Councillor Shiner, rising on a Point of Order, stated that he needed clarification on why the instructions to staff are confidential.