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)

(June 2, 2014) Report from the City Manager on Appointment of the Toronto Ombudsman (CC54.2)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-71093.pdf
Confidential Attachment 1

Communications (City Council)

(July 4, 2014) Letter from Dianne Green (CC.Supp.CC54.2.1)
(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)

Report of Committee of the Whole

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.


1 - Motion to Adopt Item moved by Councillor Michelle Berardinetti (Lost)

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 Bail„o, 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

2 - Motion to Amend Item moved by Councillor John Filion (Carried)

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 Bail„o, 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

Motion to End Debate moved by Councillor Janet Davis (Carried)

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 Bail„o, 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

Point of Order by Councillor Glenn De Baeremaeker

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.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Perks' questions were 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.


Point of Privilege by Councillor Michelle Berardinetti

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.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that Councillor Perk's comments were not in order 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.


Point of Order by Councillor Mark Grimes

Councillor Grimes, rising on a Point of Order, stated that the need clarification on the order of the voting.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that the motions would be voted on in the order that they were moved.


Point of Order by Councillor John Filion

Councillor Filion, rising on a Point of Order, stated that the Speaker should clarify whether the confidential instructions to staff were on the floor.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that they were not on the floor until moved.


Point of Order by Councillor David Shiner

Councillor Shiner, rising on a Point of Order, stated that he needed clarification on why the instructions to staff are confidential.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the City Solicitor to advise Council. The City Solicitor advised that confidential instructions on Labour Relations matters are dealt with in closed session.

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