Item - 2019.EA6.5

Tracking Status

  • This item was considered by Compliance Audit Committee on November 18, 2019. The Compliance Audit Committee postponed consideration of this item. Consult the text of the decision for further information on the deferral.

EA6.5 - Abdurahman Gureye - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act

Decision Type:
ACTION
Status:
Deferred
Wards:
All

Statutory - Municipal Elections Act, SO 1996

Committee Decision

The Compliance Audit Committee deferred consideration of the Item to the meeting of November 21, 2019 to allow the City Clerk to make a further attempt to contact the Contributor as the notice sent by registered mail was returned.

Decision Advice and Other Information

Joe Filippelli, BDO Canada LLP gave a presentation on Abdurahman Gureye - A Contributor who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act, 1996.

 

The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA6.5 - Abdurahman Gureye - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act and to receive advice that is subject to solicitor-client privilege.

Origin

(October 31, 2019) Report from the City Clerk

Summary

The City Clerk is sending an external auditor's report to the Compliance Audit Committee for consideration. The auditor completed its review of initial financial statements filed and identified Abdurahman Gureye as a contributor who appears to have exceeded the contribution limits in the Municipal Elections Act, 1996 (Municipal Elections Act). Within 30 days of receiving this report, the Compliance Audit Committee is required to decide whether to: (1) commence legal proceedings against the contributor for an apparent contravention; or (2) not to commence legal proceedings against the contributor for an apparent contravention. The Committee must also provide brief written reasons for its decision. 

 

The Municipal Elections Act requires the City Clerk to review all contributions reported in financial statements submitted by candidates and registered third party advertisers in the 2018 municipal election and to prepare a separate report for each contributor who appears to have exceeded any of the contribution limits. The City Clerk retained an external auditor, BDO Canada LLP, through a competitive procurement process, to review all candidates and registered third party advertisers' financial statements and report on each apparent over-contribution.

Background Information

(November 18, 2019) Presentation from BDO Canada LLP on Abdurahman Gureye - A Contributor who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act, 1996
https://www.toronto.ca/legdocs/mmis/2019/ea/bgrd/backgroundfile-140176.pdf
(October 31, 2019) Report from the City Clerk on Abdurahman Gureye - A contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act
https://www.toronto.ca/legdocs/mmis/2019/ea/bgrd/backgroundfile-139710.pdf
Appendix A - BDO Canada LLP Report - Abdurahman Gureye - A Contributor who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act, 1996 and Financial Statement for Candidate Saron Gebresallassi
https://www.toronto.ca/legdocs/mmis/2019/ea/bgrd/backgroundfile-139711.pdf

Speakers

Candidate Saron Gebresallassi
Winta Belay

Motions

1 - Motion to Defer Item moved by Lawrence D'Souza (Carried)

That consideration of the item be deferred to the Compliance Audit Committee meeting of November 21, 2019 to allow the City Clerk to make a further attempt to contact the Contributor as the notice sent by registered mail was returned.

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