Item - 2018.EX34.11

Tracking Status

  • City Council adopted this item on May 22, 2018 without amendments.
  • This item was considered by the Executive Committee on May 14, 2018 and adopted without amendment. It will be considered by City Council on May 22, 2018.
  • See also By-law 642-2018

EX34.11 - Report on Outstanding Matters Related to City's Accountability Offices

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on May 22, 23 and 24, 2018, adopted the following:  

 

1.  City Council amend City of Toronto Municipal Code Chapter 140, Lobbying, by:

 

a.  clarifying that no lobbyist or client of a lobbyist, or any parent, subsidiary, affiliate, officer or employee of any lobbyist or client of a lobbyist shall directly or indirectly offer, provide or bestow entertainment, gifts, meals, trips or favours of any kind to a public office holder;

 

b.  deleting Section 140-3C(3) and replacing it with the following:

 

Persons making representations:

 

(a) On behalf of employee or labour groups, when representing employees of the City or a local board (restricted definition) in a manner permitted by a collective agreement or relationship protocol; or

 

(b) On behalf of employee or labour groups, when representing employees of the City or a local board (restricted definition) and communicating about the negotiation and administration of collective agreements or a relationship protocol; and

 

c.  making housekeeping amendments to ensure the "blackout period" in Chapter 140 references the updates made to Municipal Code Chapter 195, Purchasing by adding reference to Chapter 195 of City of Toronto Municipal Code, Purchasing to Section 140-5 and Section 140-41.

 

2.  City Council receive for information, as requested by City Council (Item EX13.2), the following definition of not-for-profit organization: A not-for-profit organization is a club, society, or association that is organized and operated solely for social welfare, civic improvement, pleasure or recreation, or any other purpose except profit.

Background Information (Committee)

(April 30, 2018) Report from the Interim City Manager on Report on Outstanding Matters Related to City's Accountability Offices
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-114837.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Giorgio Mammoliti (Lost)

That Council direct the City Manager to develop a formal complaint protocol for anyone that might have a complaint about any of the Accountability Officers and report back to the July 23, 2018 City Council meeting 

Vote (Amend Item) May-23-2018 11:16 AM

Result: Lost Majority Required - EX34.11 - Mammoliti - motion 1
Total members that voted Yes: 15 Members that voted Yes are Maria Augimeri, Ana Bail„o, John Campbell, Gary Crawford, Glenn De Baeremaeker, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Giorgio Mammoliti, James Pasternak, Jaye Robinson, David Shiner, Lucy Troisi, Jonathan Tsao
Total members that voted No: 20 Members that voted No are Paul Ainslie, Christin Carmichael Greb, Josh Colle, Joe Cressy, Janet Davis, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Jim Hart, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Neethan Shan, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 9 Members that were absent are Jon Burnside, Vincent Crisanti, Justin J. Di Ciano, Michelle Holland, Norman Kelly, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza, John Tory

Motion to Adopt Item (Carried)

Vote (Adopt Item) May-23-2018 11:18 AM

Result: Carried Majority Required - EX34.11- Adopt the Item
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, 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, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, Lucy Troisi, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Frank Di Giorgio, Giorgio Mammoliti
Total members that were Absent: 8 Members that were absent are Jon Burnside, Vincent Crisanti, Michelle Holland, Norman Kelly, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza, John Tory

Vote (Adopt Item) May-23-2018 11:20 AM

Result: Carried Majority Required - EX34.11 - Adopt the Item - REVOTE
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, 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, Jim Karygiannis, Mike Layton, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, Lucy Troisi, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Jon Burnside, Vincent Crisanti, Michelle Holland, Norman Kelly, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza, John Tory

Motion to Reconsider Vote moved by Councillor David Shiner (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote to adopt the Item.


Point of Privilege by Councillor Sarah Doucette

Councillor Doucette, rising on a Point of Privilege, stated that Councillor Karygiannis should apologize to the Speaker for his remarks.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that her previous ruling was correct and Councillor Karygiannis should apologize for his remarks.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that Councillor Layton, in his remarks, was impugning Councillor Mammoliti's intentions with respect to the Accountability Officers.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that Councillor Mammoliti should let Councillor Layton speak and stop interrupting.

Rulings (City Council)

Ruling by Speaker Frances Nunziata (Upheld)
Speaker Nunziata ruled that Councillor Karygiannis should ask questions of clarification about Councillor Mammolitiís motion 1 only.
Challenged by Councillor Jim Karygiannis

Vote May-23-2018 10:53 AM

Result: Carried Majority Required - Uphold chair on Karygiannis challenge
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, 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, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Jim Karygiannis, Giorgio Mammoliti
Total members that were Absent: 10 Members that were absent are Vincent Crisanti, Michelle Holland, Norman Kelly, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza, Neethan Shan, Michael Thompson, John Tory, Jonathan Tsao

EX34.11 - Report on Outstanding Matters Related to City's Accountability Offices

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:  

 

1.  City Council amend City of Toronto Municipal Code Chapter 140, Lobbying, by:

 

a.  clarifying that no lobbyist or client of a lobbyist, or any parent, subsidiary, affiliate, officer or employee of any lobbyist or client of a lobbyist shall directly or indirectly offer, provide or bestow entertainment, gifts, meals, trips or favours of any kind to a public office holder;

 

b.  deleting Section 140-3C(3) and replacing it with the following:

 

"Persons making representations:

 

(a) On behalf of employee or labour groups, when representing employees of the City or a local board (restricted definition) in a manner permitted by a collective agreement or relationship protocol; or

 

(b) On behalf of employee or labour groups, when representing employees of the City or a local board (restricted definition) and communicating about the negotiation and administration of collective agreements or a relationship protocol."

 

c.  making housekeeping amendments to ensure the "blackout period" in Chapter 140 references the updates made to Municipal Code Chapter 195, Purchasing by adding reference to Chapter 195 of City of Toronto Municipal Code, Purchasing to Section 140-5 and Section 140-41.

 

2.  City Council receive for information, as requested by City Council (Item EX13.2), the following definition of not-for-profit organization: "A not-for-profit organization is a club, society, or association that is organized and operated solely for social welfare, civic improvement, pleasure or recreation, or any other purpose except profit."

Origin

(April 30, 2018) Report from the Interim City Manager

Summary

This report responds to a number of outstanding City Council directions related to the City's Accountability Officers, including matters relating to Dr. Lorne Sossin's 2015 Review of Toronto's Accountability Offices Report.

 

As amendments to the City of Toronto Act, including Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017 come into effect, the impact on the Offices of the Integrity Commissioner and Lobbyist Registrar will continue to be monitored by the City Manager's Office. The City Manager will report to City Council with recommended changes arising from these amendments as required.

Background Information

(April 30, 2018) Report from the Interim City Manager on Report on Outstanding Matters Related to City's Accountability Offices
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-114837.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Mary-Margaret McMahon (Carried)
Source: Toronto City Clerk at www.toronto.ca/council