Item - 2014.CC55.3

Tracking Status

  • City Council adopted this item on August 25, 2014 without amendments.

CC55.3 - Violation of Code of Conduct for Members of Council: Councillor Maria Augimeri

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

 

1.         Council adopt a finding that Councillor Augimeri breached Article XIV of the Code of Conduct.

 

2.         Council adopt the recommendation that no sanction be imposed on Councillor Augimeri.

 

3.         City Council authorize the use of the Council General Expense budget to reimburse the complainant for actual and reasonable costs up to a maximum of $5,000 as provided in s. 11(2) of the Complaint Protocol.

Background Information (City Council)

(August 1, 2014) Report from the Integrity Commissioner on Violation of Code of Conduct for Members of Council: Councillor Maria Augimeri (CC55.3)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-72911.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Mayor Rob Ford (Lost)

That City Council delete CC55.3 Recommendation 2:

 

Recommendation to be deleted:

 

2.         Council adopt the recommendation that no sanction be imposed on Councillor Augimeri.

 

And replace it with the following new recommendation:

 

2.         City Council request that Councillor Augimeri pay the legal expenses incurred by the complainant, an amount not to exceed $5,000 as provided for by the Payment of Costs Provisions of the Complaint Protocol and as determined to be reasonable by the City Solicitor.

Vote (Amend Item) Aug-26-2014 12:24 PM

Result: Lost Majority Required - CC55.3 - Mayor Ford - motion 1
Total members that voted Yes: 2 Members that voted Yes are Doug Ford, Rob Ford
Total members that voted No: 33 Members that voted No are Paul Ainslie, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Karen Stintz, Kristyn Wong-Tam
Total members that were Absent: 10 Members that were absent are Maria Augimeri, Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, Paula Fletcher, Giorgio Mammoliti, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson

2 - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Out of Order)

Given the findings of the investigation, that City Council direct the City Manager to amend the Complaint Protocol, and related policies, so that where the complainant is successful and the Councillor is found in breach of the Code of Conduct that the Policy require the Councillor to pay the complainant's legal fees directly.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 2 by Councillor Matlow out of order as policies are not the matter before Council in this Item.


3 - Motion to Amend Item moved by Councillor Denzil Minnan-Wong (Lost)

That City Council delete CC55.3 Recommendation 3:

 

Recommendation to be deleted:

 

 3.        City Council authorize the use of the Council General Expense budget to reimburse the complainant for actual and reasonable costs up to a maximum of $5,000 as provided in s. 11(2) of the Complaint Protocol.

 

And replace it with the following new recommendation:

 

3.         City Council direct that reimbursement to the complainant for actual and reasonable costs up to a maximum of $5,000 as provided in s. 11(2) of the Complaint Protocol, be paid out of Councillor Augimeri's Constituency Services and Office Budget.

Vote (Amend Item) Aug-26-2014 12:25 PM

Result: Lost Majority Required - CC55.3 - Minnan-Wong - motion 3
Total members that voted Yes: 2 Members that voted Yes are Josh Colle, Denzil Minnan-Wong
Total members that voted No: 33 Members that voted No are Paul Ainslie, Ana Bail„o, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Karen Stintz, Kristyn Wong-Tam
Total members that were Absent: 10 Members that were absent are Maria Augimeri, Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, Paula Fletcher, Giorgio Mammoliti, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-26-2014 12:26 PM

Result: Carried Majority Required - CC55.3 - Adopt the item
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Ana Bail„o, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Shelley Carroll, Doug Ford, Rob Ford, Josh Matlow
Total members that were Absent: 11 Members that were absent are Maria Augimeri, Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, Paula Fletcher, Giorgio Mammoliti, Cesar Palacio, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson

Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, requested Speaker Nunziata to rule Mayor Ford's motion 1 out of order.

Ruling by Speaker Frances Nunziata (Upheld)
Speaker Nunziata accepted Councillor Perks's Point of Order. Speaker Nunziata ruled Mayor Ford's motion 1 in order as it is a request.
Challenged by Councillor Gord Perks


Point of Order by Mayor Rob Ford

Mayor Rob Ford, rising on a Point of Order, stated that Councillors Shelley Carroll and Kristyn Wong-Tam were not speaking on the matter before Council.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and reminded Members to speak only to the matters before Council.


Point of Order by Mayor Rob Ford

Mayor Ford, rising on a Point of Order, stated that Councillor Parker's questions of Councillor Minnan-Wong, pertaining to taking money out of the budget, were not in order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled Councillor Parker's questions of Councillor Minnan-Wong in order.

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Maria Augimeri - as the Item is about her
Source: Toronto City Clerk at www.toronto.ca/council