Item - 2016.CC21.2
Tracking Status
- City Council considered this item on October 5,6 and 7, 2016 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
CC21.2 - Councillor Conduct in Relation to the Toronto Local Appeal Body
- Decision Type:
- ACTION
- Status:
- Deferred
- Wards:
- All
City Council Decision
City Council on October 5, 6 and 7, 2016, deferred Item CC21.2 until the November 8 and 9, 2016 City Council meeting.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-96910.pdf
Motions (City Council)
Notwithstanding the Integrity Commissioner's advice, City Council adopt a policy that Members of Council can appear before the Committee of Adjustment and the Toronto Local Appeal Body to represent and support their residents.
That City Council request the City Solicitor to retain outside counsel with expertise in public sector ethics law to:
1. review the Integrity Commissioner's advice with respect Members of Council representing the public on matters before the Toronto Local Appeal Body; and
2. make recommendations to Council on ways that Members of Council can support local residents on matters before the Toronto Local Appeal Body;
such report to be considered by City Council:
a. after the Chief Planner and Executive Director, City Planning has reported to City Council on whether the Province has addressed the City's concerns in the review of the Ontario Municipal Board currently underway; and
b. prior to:
i. the appointment of the members of the Toronto Local Appeal Body by City Council; and
ii. the enactment of the by-law establishing the Toronto Local Appeal Body.
That consideration of the item be deferred until the November 8 and 9, 2016 meeting of City Council.
Vote (Defer Item) Oct-06-2016 8:07 PM
| Result: Carried | Majority Required - CC21.2 - Robinson - motion 3 - Defer the item |
|---|---|
| Total members that voted Yes: 19 | Members that voted Yes are Ana Bailão, Jon Burnside, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Gord Perks, Jaye Robinson |
| Total members that voted No: 18 | Members that voted No are Paul Ainslie, Maria Augimeri, John Campbell, Christin Carmichael Greb, Vincent Crisanti, Frank Di Giorgio, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, David Shiner, Michael Thompson, Kristyn Wong-Tam |
| Total members that were Absent: 7 | Members that were absent are Shelley Carroll, Michelle Holland, Chin Lee, Joe Mihevc, Ron Moeser, James Pasternak, John Tory |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on deferral motion 3 and take the vote immediately.
Vote (End Debate) Oct-06-2016 8:05 PM
| Result: Carried | Two-Thirds Required - CC21.2 - Grimes - End debate on deferral |
|---|---|
| Total members that voted Yes: 25 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Justin J. Di Ciano, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Norman Kelly, Mike Layton, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson, David Shiner |
| Total members that voted No: 12 | Members that voted No are Ana Bailão, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Michael Ford, Stephen Holyday, Josh Matlow, Gord Perks, Anthony Perruzza, Michael Thompson, Kristyn Wong-Tam |
| Total members that were Absent: 7 | Members that were absent are Shelley Carroll, Michelle Holland, Chin Lee, Joe Mihevc, Ron Moeser, James Pasternak, John Tory |
Councillor Mammoliti, rising on a Point of Privilege, stated that the Integrity Commissioner in her remarks had indicated that Members of Council could sit on the Committee of Adjustment and this is not correct. Councillor Mammoliti further stated that Members of Council cannot sit on the Committee of Adjustment.
The Integrity Commissioner advised that in Toronto, Members of Council are not permitted to sit on the Committee of Adjustment but some municipalities outside of Toronto do have Members of Council on the Committee of Adjustment.
Councillor Perks, rising on a Point of Order, stated that he needed clarification on whether Part a of Councillor Shiner's motion 2 could have the effect of slowing down the process for the appointment of the Local Appeal Body as approved by City Council and would require a re-opening of a previous Council decision.
Wendy Walberg, Solicitor, Legal Services, advised Council that the Chief Planner and Executive Director, City Planning has indicated there is new information that would provide for an exception to the re-opening rule.
The Chief Planner and Executive Director, City Planning advised Council that the recently announced Provincial review of the Ontario Municipal Board constitutes new information and that Councillor Shiner's motion acknowledges this.