Item - 2018.CC43.6

Tracking Status

  • City Council adopted this item on June 26, 2018 with amendments.

CC43.6 - Report Regarding the Conduct of Councillor John Filion

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on June 26, 27, 28 and 29, 2018, adopted the following:

 

1. City Council receive the report (June 15, 2018) from the Integrity Commissioner for information.

 

2. 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".

Background Information (City Council)

(June 15, 2018) Cover report from the Integrity Commissioner on the Conduct of Councillor John Filion (CC43.6)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117176.pdf
(June 15, 2018) Integrity Commissioner Report Regarding the Conduct of Councillor John Filion
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117174.pdf

Communications (City Council)

(June 26, 2018) E-mail from Carolyn Johnson (CC.New.CC43.6.1)
(June 27, 2018) E-mail from George Belza (CC.New.CC43.6.2)
(June 28, 2018) Submission from Councillor Giorgio Mammoliti, Ward 7, York West (CC.New.CC43.6.3)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-85997.pdf

Motions (City Council)

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

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".

Vote (Amend Item (Additional)) Jun-28-2018 3:28 PM

Result: Carried Majority Required - CC43.6 - Di Ciano - motion 1
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Neethan Shan, David Shiner, Michael Thompson, Lucy Troisi, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Maria Augimeri, Jon Burnside, Jim Hart
Total members that were Absent: 9 Members that were absent are Ana Bail„o, John Campbell, Michelle Holland, Miganoush Megardichian, Joe Mihevc, Denzil Minnan-Wong, Anthony Perruzza, Jaye Robinson, John Tory

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jun-28-2018 3:29 PM

Result: Carried Majority Required - CC43.6 - Adopt item as amended
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Neethan Shan, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Jim Karygiannis, Giorgio Mammoliti, James Pasternak, David Shiner, Michael Thompson, Jonathan Tsao
Total members that were Absent: 9 Members that were absent are Ana Bail„o, John Campbell, Michelle Holland, Miganoush Megardichian, Joe Mihevc, Denzil Minnan-Wong, Anthony Perruzza, Jaye Robinson, John Tory

Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he would like advice from the City Solicitor on whether Members of Council have a right to any information that people are complaining about and a right to the information that is be being looked at by the Integrity Commissioner, prior to defending themselves.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Mammoliti's question is not on the matter before Council and that Councillor Mammoliti should ask questions of the Integrity Commissioner.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that what is before City Council is a matter about a specific Integrity Commissioner investigation and there is an opportunity when the Integrity Commissioner's Annual Report is before City Council for Members of Council to ask more general questions.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the City Solicitor to respond.

The City Solicitor advised City Council that before the Integrity Commissioner reaches a conclusion, the individual who is the subject matter of the inquiry is entitled to know the allegations. The City Solicitor further advised that it does not mean that anyone subject to an investigation by the Integrity Commissioner or one of the other Accountability Officers is entitled to every piece of information that the Accountability Officers have acquired during the course of the inquiry. The City Solicitor informed Members of Council that the Accountability Officers have a duty of confidentiality under the City of Toronto Act.


Point of Privilege by Councillor John Filion

Councillor Filion, rising on a Point of Privilege, stated that Councillor Mammoliti's remarks are not appropriate and should not be allowed.  Councillor Filion further stated that Councillor Mammoliti is bringing a citizen into this matter who was not the subject of the investigation.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Mammoliti should keep his comments on the matter before Council.

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