Item - 2018.CC43.5

Tracking Status

  • City Council considered this item on June 26, 2018 and received the item for information. No further action will be taken on this item.

CC43.5 - Report Regarding the Conduct of Councillor Michael Thompson

Decision Type:
ACTION
Status:
Received
Wards:
All

City Council Decision

City Council on June 26, 27, 28 and 29, 2018 received Item CC43.5 for information.

Background Information (City Council)

(June 15, 2018) Cover report from the Integrity Commissioner on the Conduct of Councillor Michael Thompson (CC43.5)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117212.pdf
(June 15, 2018) Integrity Commissioner Report Regarding the Conduct of Councillor Michael Thompson
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117213.pdf

Communications (City Council)

(June 25, 2018) Letter from Jack B. Siegel, Blaney McMurtry LLP (CC.Supp.CC43.5.1)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-85204.pdf
(June 26, 2018) E-mail from Carolyn Johnson (CC.New.CC43.5.2)

Motions (City Council)

1 - Motion to Receive Item moved by Councillor Giorgio Mammoliti (Carried)

That the item be received for information.

Vote (Receive Item) Jun-28-2018 2:39 PM

Result: Carried Majority Required - CC43.5 - Receive the item
Total members that voted Yes: 24 Members that voted Yes are Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Michael Ford, Mark Grimes, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Mary-Margaret McMahon, Miganoush Megardichian, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Jonathan Tsao
Total members that voted No: 14 Members that voted No are Paul Ainslie, Josh Colle, Joe Cressy, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Jim Hart, Stephen Holyday, Mike Layton, Josh Matlow, Gord Perks, Neethan Shan, Kristyn Wong-Tam
Total members that were Absent: 7 Members that were absent are Ana Bail„o, Mary Fragedakis, Michelle Holland, Joe Mihevc, Cesar Palacio, Anthony Perruzza, Jaye Robinson

2 - Motion to Amend Item (Additional) moved by Councillor Justin J. Di Ciano (Redundant)

That City Council request the Integrity Commissioner, with the advice of outside counsel if required, to issue an interpretive bulletin or other appropriate document providing more detailed advice and guidance to Members of Council on the definition of the term "friends" in Section VIII of the Code of Conduct and to provide further guidance and advice on permitted and prohibited actions and interactions involving Members of Council and "friends".

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 2 by Councillor Di Ciano redundant due to Council's adoption of motion 1 by Councillor Mammoliti.


Point of Order by Councillor John Filion

Councillor Filion, rising on a Point of Order, stated that Councillor Mammoliti had remarked that Councillor Filion and Mr. Belza were friends and that the Integrity Commissioner had determined in her report that Mr. Belza and himself were not friends.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Mammoliti could ask his question on the next item.


Point of Order by Councillor John Filion

Councillor Filion, rising on a Point of Order, stated that it may be better if City Council dealt with Item CC43.6 first.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Council was already dealing with Item CC43.5 and would continue.


Point of Privilege by Councillor Janet Davis

Councillor Davis, rising on a Point of Privilege, stated that Councillor Mammoliti's remarks contained unfounded allegations about another Member of Council that has no bearing on the matter before Council and asked that Councillor Mammoliti withdraw his remarks.


Point of Privilege by Councillor John Filion

Councillor Filion, rising on a Point of Privilege, stated that he would like to determine whether Councillor Mammoliti was referring to him or former Mayor Miller and asked Councillor Mammoliti to confirm.  Councillor Filion further stated that if Councillor Mammoliti was referring to him, he would like a retraction.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and asked Councillor Mammoliti to respond to Councillor Filion's question.


Point of Privilege by Councillor John Filion

Councillor Filion, rising on a Point of Privilege, stated that Councillor Mammoliti cannot continue to make unfounded allegations about another Member.


Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, stated that Councillor Mammoliti is speaking to the next item regarding the conduct of Councillor Filion and not on the current item regarding the conduct of Councillor Thompson.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and Order and asked that Councillor Mammoliti retract his comments about Councillor Filion.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he is not certain which comments he being asked to retract, however, if it is the comments about an interaction with Councillor Filion in the past, then he will retract his comments if he is not allowed to speak the truth.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and asked Councillor Mammoliti to retract his comments.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he already did retract his comments.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that she was asking Councillor Mammoliti to retract his comments and apologize.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he already had already done so.


Point of Privilege by Councillor Janet Davis

Councillor Davis, rising on a Point of Privilege, stated that Councillor Mammoliti was again making unfounded allegations and disparaging remarks about Councillor Filion.  Councillor Davis further stated that the Speaker should not allow Councillor Mammoliti to continue to make unfounded allegations.


Point of Privilege by Councillor John Filion

Councillor Filion, rising on a Point of Privilege, stated that after an exhaustive investigation by the Integrity Commissioner, Councillor Mammoliti continues to make comments about another individual who was found to have done nothing wrong.  Councillor Filion further stated that the Speaker should not allow Councillor Mammoliti to continue to impugn this individuals' reputation.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and ruled that Councillor Mammoliti should keep his comments on the current matter.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he had spoken to his lawyer and he knows what he can and cannot say on this particular issue.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that Councillor Mammoliti should keep his comments to the matter before Council and to not verbally attack Members of Council.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, asked the Speaker if he could talk about the consistencies of the complaints about one Councillor's bullying tactics and why they went to Councillor Thompson for assistance.

Ruling by Speaker Frances Nunziata
Speaker Nunziata did not accept the Point of Privilege and ended Councillor Mammoliti's speaking time.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he apologized for his earlier conduct and asked the Speaker if he would be allowed to continue his speaking time.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege ruled that Councillor Mammoliti could continue his speaking time.


Point of Order by Councillor John Filion

Councillor Filion, rising on a Point of Order, stated that Councillor Mammoliti is again impugning the reputation of a citizen.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Mammoliti's comments were not inappropriate.


Point of Order by Councillor John Filion

Councillor Filion, rising on a Point of Order, stated that Councillor Di Giorgio, in his remarks, had assumed something had happened that had not.

 

Councillor Di Giorgio withdrew his remarks.


Point of Privilege by Councillor John Filion

Councillor Filion, rising on a Point of Privilege, stated that the story that Councillor Shiner had told was 95 percent fabrication.


Point of Privilege by Councillor John Filion

Councillor Filion, rising on a Point of Privilege, stated that Councillor Thompson had not spoken to him on this file.


Point of Privilege by Councillor Michael Thompson

Councillor Thompson, rising on a Point of Privilege, stated that his Executive Assistant stood outside Councillor Filion's office while he met with Councillor Filion and asked that Councillor Filion withdraw his remarks.


Point of Privilege by Councillor John Filion

Councillor Filion, rising on a Point of Privilege, stated that Councillor Thompson remarks about meeting on the file was not true.


Point of Privilege by Councillor John Filion

Councillor Filion, rising on a Point of Privilege, stated that Councillor Thompson should not make comments about him that are not true.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that Councillor Thompson is stating the facts as he knows them.


Point of Order by Councillor Janet Davis

Councillor Davis, rising on a Point of Order, stated that the Speaker should not be making a ruling that one of the two Members of Council on this matter is speaking the truth.  Councillor Davis further stated that the Speaker should be impartial and not judge.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that she did not say that Councillor Thompson was speaking the truth but that the Councillor was stating the facts as he knows them.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that former Mayor Ford had defended himself against a finding that he contravened the Code of Conduct to the courts and that the finding by the Integrity Commissioner was not upheld by the courts.  Councillor Mammoliti further stated that Councillor Thompson should be allowed to defend himself.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and thanked Councillor Mammoliti for his comments.

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