Item - 2023.CC5.4
Tracking Status
- City Council adopted this item on March 29, 2023 without amendments.
CC5.4 - Report on Councillor Josh Matlow’s Tweets Criticizing City Staff
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on March 29, 30 and 31, 2023, adopted the following:
1. City Council adopt the findings that Councillor Matlow has violated the Code of Conduct.
2. City Council reprimand Councillor Matlow and suspend the remuneration paid to him in respect of his services as a member of Council for a period of 10 days, commencing May 1, 2023.
City Council Decision Advice and Other Information
The Integrity Commissioner notes:
- Two previous Integrity Commissioner reports have found Councillor Matlow breached Article XII (Conduct Respecting Staff) for similar conduct, and in the second instance Council imposed a reprimand.
- Councillor Matlow has escalated his criticism of specific City staff to social media and, in the case of Ms. Cook, has engaged in subsequent reprisal.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-235302.pdf
Attachment 1 - Report on Councillor Josh Matlow’s Tweets Criticizing City Staff
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-235303.pdf
Communications (City Council)
(March 31, 2023) E-mail from Councillor Josh Matlow (CC.New)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-166690.pdf
Motions (City Council)
That:
1. City Council amend Recommendation 2 so it now reads as follows:
"2. City Council reprimand Councillor Matlow and suspend the remuneration paid to him in respect of his services as a member of Council for a period of 10 days, commencing May 1, 2023."
That Councillor Pasternak be permitted to withdraw his motion 1.
Vote (Adopt Item) Mar-31-2023 12:10 PM
| Result: Carried | Majority Required - CC5.4 - Adopt the item |
|---|---|
| Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Dianne Saxe, Michael Thompson |
| Total members that voted No: 2 | Members that voted No are Josh Matlow, Anthony Perruzza |
| Total members that were Absent: 1 | Members that were absent are Lily Cheng |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item CC5.4.
Vote (Adopt Item) Mar-31-2023 12:24 PM
| Result: Carried | Majority Required - CC5.4 - Adopt the item - REVOTE |
|---|---|
| Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Dianne Saxe, Michael Thompson |
| Total members that voted No: 1 | Members that voted No are Anthony Perruzza |
| Total members that were Absent: 2 | Members that were absent are Lily Cheng, Josh Matlow |
Following the recorded vote on Item CC5.4, Wendy Walberg, City Solicitor, advised Council that it is her understanding that Councillor Matlow was prohibited by law from voting on the item.
Councillor Matlow, rising on a Point of Order, stated that he would like the Integrity Commissioner to speak to that question.
Jonathan Batty, Integrity Commissioner, stated that his understanding is that Councillor Matlow is entitled to vote on the item, with the exceptions under the Municipal Conflict of Interest Act and the Code of Conduct, with respect to voting on matters respecting his remuneration.
The Integrity Commissioner further stated that, in fairness to Councillor Matlow, Councillor Matlow had asked him that question and the Integrity Commissioner had provided advice and it's in his report for action—that the Member can vote on issues with respect to his remuneration. The Integrity Commissioner further stated that if he had misadvised Councillor Matlow the error was his, not Councillor Matlow's.
Speaker Nunziata thanked the Integrity Commissioner and advised that the Integrity Commissioner and the City Solicitor would confer on this issue.
Councillor Fletcher, rising on a Point of Order, stated that before the Speaker moved on to the next item, it looked like the City Solicitor and the Integrity Commissioner had wrapped up their conversation and Council could wrap this item up.
Councillor Fletcher, rising on a Point of Order, stated that Council wanted an answer.
Jonathan Batty, Integrity Commissioner, advised Council that the City Solicitor has reviewed the provisions with him and has pointed out that under the Municipal Conflict of Interest Act, Councillor Matlow can participate in the proceedings and can try to influence the vote but the technical provision is that he is not entitled to vote on the matter. The Integrity Commissioner further advised that the mistake with respect to that was his, not Councillor Matlow's, as the Councillor did ask for advice before the vote and the Integrity Commissioner gave him that advice.
The Integrity Commissioner extended an apology to Councillor Matlow and to Council as a whole for the inaccurate information, and extended his thanks to the City Solicitor for clarifying the issue.
Councillor Fletcher, rising on a Point of Order, stated that, now that the matter has been clarified, she would like to know if there are steps that need to be taken to revote on the item.
Councillor Matlow, rising on a Point of Order, stated that he wished to seek clarity about what is required of him now, now that he has spoken to the item, if he needs to declare an interest, and where he stands with respect to the rules.
Jonathan Batty, Integrity Commissioner, advised Council that Councillor Matlow is entitled, under the statute, to participate in the proceedings in terms of asking questions, speaking to the matter, and speaking to his colleagues about it, in terms of trying to influence the matter.
Speaker Nunziata asked the City Clerk to address Council.
John D. Elvidge, City Clerk, advised Council that his recommendation is that Council may wish to take a second vote on the item to allow Councillor Matlow to not be part of that vote. The City Clerk further advised that under the City of Toronto Act, the City Clerk is required to record the proceedings of the meeting so both votes will appear in the minutes, but they will also be annotated with a point of order with the explanation that both the City Solicitor and the Integrity Commissioner have made so that it's clear to the reader of the minutes about the proceedings today.
Councillor Matlow, rising on a Point of Order, stated that he wished to know if he was required to submit something in writing due to this interest.
John D. Elvidge, City Clerk, advised Council that, after consultation with the City Solicitor and the Integrity Commissioner, there is no requirement for the Member to make a declaration in this meeting context.