Item - 2019.EA7.3

The Compliance Audit Committee:

Has decided not to commence a legal proceeding Rocchina Ditommaso and Rocchino Ditomasso.

1. The Compliance Audit Committee met on November 21, 2019 to hear Item EA7.3 – Rocchina Ditommaso and Rocchino Ditomasso - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act.

2. Section 88.34(2) of the Municipal Elections Act,1996 requires the City Clerk to prepare a report identifying each contributor to a candidate for office on a council who appears to have contravened any of the contribution limits under Section 88.9.

3. Section 88.9(1) of the Municipal Elections Act,1996 states that a contributor shall not make contributions exceeding a total of $1,200 to any one candidate in an election.

4. Appendix B to the report (October 31, 2019) from the City Clerk identified Rocchina Ditommaso and Rocchino Ditomasso as a contributor that appeared to have exceeded the $1,200 contribution limit to the election campaign of Angelo Carnevale. Specifically, Appendix B to the report (October 31, 2019) from the City Clerk identified two contributions of $1,000, from individuals with similar names - Rocchina Ditommaso and Rocchino Ditomasso - and with the same address. Accordingly, it appeared that a contributor had made a contribution of $2,000 to the election campaign of Angelo Carnevale.

5. The contributor was not present. The candidate appeared before the Compliance Audit Committee and spoke to the matter and provided additional evidence that the contributions were from two different individuals.

6. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Rocchina Ditommaso and Rocchino Ditomasso for a contravention of Section 88.9 of the Municipal Elections Act, 1996.

There was no contribution over the contribution limit. The contribution attributed to "Rocchino Ditommaso" was made by Rosino Ditommaso and the contribution attributed to "Rocchina Ditommaso" was made by Rocchina Ditommaso, spouses.

The Committee reminds the candidate of their responsibility to correctly record contributions.

Peter Hearn, BDO Canada LLP gave a presentation on Rocchina Ditommaso and Rocchino Ditomasso - 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 EA7.3 - Rocchina Ditommaso and Rocchino Ditomasso - 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.

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 Rocchina Ditommaso and Rocchino Ditommaso as having a similar name at the same address and, if they are the same contributor, appear 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.