Item - 2023.EA4.4

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

1. The Compliance Audit Committee met on July 24, 2023 to hear Item EA4.4, the Compliance Audit Application of Francis Kung for a compliance audit of the Election Campaign Finances of the Respondent, Frances Nunziata.

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 following expenses were missing from the Respondent's financial filing: 

i. shared event costs related to a "Somali Community Meet Up" event at the Istar Restaurant and Banquet Hall (235 Dixon Road) on October 15, 2022; 

ii. missing lawn signs on opening inventory; and

iii. other potential omitted expenses;

b. That disclosure of fundraising tickets of a major fundraising event on June 22, 2022 requires more details to verify that the event was a fundraiser and not a campaign event; and

c. That costs shared with the Trustee Candidate require increased scrutiny to ensure any and all shared expenses were tracked and accounted for properly by the Respondent.

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

6. The Respondent's agent submitted that the application should be denied for the reasons stated in his letter, dated July 20, 2023 and filed with the Committee. The Respondent’s agent made brief submissions thereon. 

7. The Committee has discretion to determine whether to grant or reject an application. After consideration of the evidence provided, the Committee concluded that the concerns raised by the Applicant were addressed by the Respondent's submissions and that an audit of the campaign's finances is not required.

8. The Applicant did not establish that there were reasonable grounds to believe that the Candidate contravened the Act.  Moreover, there was no public interest in ordering an audit.

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 Francis Kung for a compliance audit of the Election Campaign Finances of the Respondent, Frances Nunziata.

The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA4.4 - Compliance Audit Application by Francis Kung for the Election Campaign Finances of Frances Nunziata and to receive advice that is subject to solicitor-client privilege.

Application for a Compliance Audit received June 29, 2023, from applicant Francis Kung for candidate Frances Nunziata for City Councillor Ward 5 York South-Weston.