Item - 2023.EA2.5
Tracking Status
- This item was considered by Compliance Audit Committee on July 13, 2023 and was adopted with amendments.
EA2.5 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Keiosha Ross
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Statutory - Municipal Elections Act, SO 1996
Committee Decision
The Compliance Audit Committee rejected the application for a compliance audit of the Election Campaign Finances of Keiosha Ross.
1. The Compliance Audit Committee met on July 13, 2023 to hear Item EA2.5 the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Keiosha Ross.
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 Respondent received $0 in campaign contributions and incurred $400 in expenses and that the Respondent did not use a campaign account; and
b. That the Respondent did not record "self-funded" contributions.
5. The Committee then provided the Respondent with the opportunity to respond. The Respondent was not present at the hearing and did not provide submissions to the Committee.
6. 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.
7. The failure of the Respondent to provide information to the Committee and the nature of the alleged breaches raises concerns. The participation of the Respondent in this proceeding would have been very helpful to the process and would have assisted in ensuring transparency and openness in understanding the Respondent's campaign finances.
8. This application process has provided information and public scrutiny to the Candidate's finances and the Committee does not believe that an audit would further the public interest.
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, Keiosha Ross.
Decision Advice and Other Information
The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA2.5 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Keiosha Ross and to receive advice that is subject to solicitor-client privilege.
Summary
Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Keiosha Ross for City Councillor Ward 24 Scarborough-Guildwood.
Background Information
https://www.toronto.ca/legdocs/mmis/2023/ea/bgrd/backgroundfile-238221.pdf
Speakers
Motions
12:32 p.m. - That the Compliance Audit Committee recess its public session to meet in closed session to deliberate in private on Item EA2.5 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Keiosha Ross and to receive advice that is subject to solicitor-client privilege.
That:
The Compliance Audit Committee reject the application for a compliance audit of the Election Campaign Finances of Keiosha Ross.
1. The Compliance Audit Committee met on July 13, 2023 to hear Item EA2.5 the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Keiosha Ross.
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 Respondent received $0 in campaign contributions and incurred $400 in expenses and that the Respondent did not use a campaign account; and
b. That the Respondent did not record "self-funded" contributions.
5. The Committee then provided the Respondent with the opportunity to respond. The Respondent was not present at the hearing and did not provide submissions to the Committee.
6. 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.
7. The failure of the Respondent to provide information to the Committee and the nature of the alleged breaches raises concerns. The participation of the Respondent in this proceeding would have been very helpful to the process and would have assisted in ensuring transparency and openness in understanding the Respondent's campaign finances.
8. This application process has provided information and public scrutiny to the Candidate's finances and the Committee does not believe that an audit would further the public interest.
9. For the reasons stated above and in accordance with s. 88.33(7) of the Act the Committee shall reject the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Keiosha Ross.