Item - 2023.EA2.3

The Compliance Audit Committee rejected the application for a compliance audit of the Election Campaign Finances of Frank Marra.

1. The Compliance Audit Committee met on July 13, 2023 to hear Item EA2.3 the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Frank Marra.

2. The Applicant appeared before the Committee and provided submissions related to the Application.

3. The Applicant provided information to the Committee to support the Applicant’s belief that the Respondent contravened provisions of the Municipal Elections Act, 1996 relating to election campaign finances.

4. The Applicant raised concerns relating to the Respondent’s compliance with the Act. In particular these related to:

a. That the campaign received no revenues and incurred $4,493.48 in expenses and that as a result, the Applicant alleges that expenses were not paid from a campaign account as required by the Municipal Elections Act (MEA);

b. That the Respondent did not record "self-funded" contributions to their campaign; and

c. That the Respondent did not properly categorize goods and services in the financial statement.

5. The Committee then provided the Respondent with the opportunity to respond. The Respondent spoke to the issues raised in the Application.

6. The Respondent provided evidence that a bank account was opened for the campaign and expressed remorse for errors in the filed financial statement, offering to re-file if possible.

7. The Committee has discretion to determine whether to grant or reject an application. After consideration of the evidence provided, the Committee concluded that there were breaches of the Act. Due to the level of materiality of the breaches and the limited nature of the breaches, a compliance audit is not warranted as an audit would not provide any further clarity about the breaches.

8. The Committee appreciates the offer of the Respondent to re-file his financial statement and urges the Respondent, as a person who has run more than one campaign, to ensure that he complies more strictly with the Act's requirements in future campaigns.

9. For the reasons stated above and in accordance with s. 88.33(7) of the Act the Committee rejected the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Frank Marra.

The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA2.3 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Frank Marra and to receive advice that is subject to solicitor-client privilege.

Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Frank Marra for City Councillor Ward 19 Beaches-East York.