Item - 2024.EA14.8
Tracking Status
- This item was considered by Compliance Audit Committee on December 13, 2024 and was adopted with amendments.
EA14.8 - Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Statutory - Municipal Elections Act, SO 1996
Committee Decision
The Compliance Audit Committee considered the apparent contraventions identified in the audit report prepared by Delta Consulting Group (“the Auditor’s Report”), of the election campaign finances of Giorgio Mammoliti and has unanimously decided to commence a legal proceeding against the candidate for the apparent contraventions.
1. The Compliance Audit Committee (the “Committee”) met on December 13, 2024, to hear Item EA14.8 - Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti. Giorgio Mammoliti (the “Candidate”) was a candidate in the City of Toronto’s 2023 Mayoral By-Election that took place on June 26, 2023.
2. Section 88.33(12) of the Municipal Elections Act, 1996 requires the Auditor to promptly conduct an audit of the Candidate’s election campaign finances to determine whether they have complied with the provisions of the Municipal Elections Act, 1996 relating to election campaign finances and shall prepare a report outlining any apparent contraventions by the candidate.
3. The Auditor’s Report, dated November 26, 2024, identified a number of apparent contraventions of the Municipal Elections Act, 1996, including, but not limited to, the following:
- the Candidate did not file an Audited Financial Statement by the required filing deadline of August 10, 2023, or by the extended filing deadline of December 10, 2023, as set out in Section 88.25 of the Municipal Elections Act, 1996;
- the Candidate exceeded the maximum contribution of $25,000 that a candidate may make to their own campaign by contributing $60,646.57, in contravention of Section 88.9.1(1) of the Municipal Elections Act, 1996;
- the Candidate contributed $4,900 in cash to his campaign, which exceeds the maximum cash contribution limit of $25, in contravention of the requirements of Section 88.8(8) of the Municipal Elections Act, 1996; and
- the Candidate did not reimburse himself from the campaign bank account for campaign expenses, and made two payments related to the campaign from his personal account, one for $6.200.14 and another for $9,040, totaling $15,240.14, in contravention of Section 88.22(1)(d) of the Municipal Elections Act, 1996, which requires that all expenses be paid from the campaign bank account.
4. The Applicant, Kevin Weiner, (the “Applicant”) appeared virtually and provided an oral submission, to the Committee, which it considered.
5. The Candidate provided a written submission to the Committee, which it considered, where he responded to the auditor’s findings.
6. The Candidate also appeared virtually and provided an oral submission, reaffirming his position in his written submission. The Candidate expressed it was always his intention to file an audited financial statement. He provided logistical and personal reasons, which the Committee considered.
7. The Committee accepts that the Auditor's Report outlines apparent contraventions of the Municipal Elections Act, 1996 and has unanimously decided to commence a legal proceeding against the Candidate for the contraventions thereof. The Committee is of the view that it is of fundamental importance that public confidence in the electoral process is maintained. The Committee is of the opinion that it is in the public interest to commence a legal proceeding against the Candidate.
8. Considering the apparent contraventions of the Municipal Elections Act, 1996 identified by the auditor, the Committee has determined that this matter should be referred to counsel to commence a legal proceeding against the Candidate; and the appointed prosecutor shall have all of the usual power and authority of a prosecutor.
Decision Advice and Other Information
Ken Froese, Delta Consulting Group gave a presentation on Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti.
The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA14.8 - Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti and to receive advice that is subject to solicitor-client privilege.
Origin
Summary
Final Compliance Audit Report (November 26, 2024) from Delta Consulting Group for candidate Giorgio Mammoliti.
Background Information
https://www.toronto.ca/legdocs/mmis/2024/ea/bgrd/backgroundfile-251190.pdf
Presentation from Delta Consulting Group on Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti
https://www.toronto.ca/legdocs/mmis/2024/ea/bgrd/backgroundfile-251418.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2024/ea/comm/communicationfile-185472.pdf
Speakers
Giorgio Mammoliti
Motions
1:13 p.m. - That the Compliance Audit Committee recess its public session to meet in closed session to deliberate in private on Item EA14.8 - Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti and to receive advice that is subject to solicitor-client privilege.
The Compliance Audit Committee considered the apparent contraventions identified in the audit report prepared by Delta Consulting Group (“the Auditor’s Report”), of the election campaign finances of Giorgio Mammoliti and has unanimously decided to commence a legal proceeding against the candidate for the apparent contraventions.
1. The Compliance Audit Committee (the “Committee”) met on December 13, 2024, to hear Item EA 14.8 - Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti. Giorgio Mammoliti (the “Candidate”) was a candidate in the City of Toronto’s 2023 Mayoral by-election that took place on June 26, 2023.
2. Section 88.33(12) of the Municipal Elections Act, 1996 requires the Auditor to promptly conduct an audit of the Candidate’s election campaign finances to determine whether they have complied with the provisions of the Municipal Elections Act, 1996 relating to election campaign finances and shall prepare a report outlining any apparent contraventions by the candidate.
3. The Auditor’s Report, dated November 26, 2024, identified a number of apparent contraventions of the Municipal Elections Act, 1996, including, but not limited to, the following:
- the Candidate did not file an Audited Financial Statement by the required filing deadline of August 10, 2023, or by the extended filing deadline of December 10, 2023, as set out in section 88.25 of the Municipal Elections Act, 1996;
- the Candidate exceeded the maximum contribution of $25,000 that a candidate may make to their own campaign by contributing $60,646.57, in contravention of section 88.9.1(1) of the Municipal Elections Act, 1996;
- the Candidate contributed $4,900 in cash to his campaign, which exceeds the maximum cash contribution limit of $25, in contravention of the requirements of section 88.8(8) of the Municipal Elections Act, 1996; and
- the Candidate did not reimburse himself from the campaign bank account for campaign expenses, and made two payments related to the campaign from his personal account, one for $6.200.14 and another for $9,040, totaling $15,240.14, in contravention of section 88.22(1)(d) of the Municipal Elections Act, 1996, which requires that all expenses be paid from the campaign bank account.
4. The Applicant, Kevin Weiner, (the “Applicant”) appeared virtually and provided an oral submission, to the Committee, which it considered.
5. The Candidate provided a written submission to the Committee, which it considered, where he responded to the auditor’s findings.
6. The Candidate also appeared virtually and provided an oral submission, reaffirming his position in his written submission. The Candidate expressed it was always his intention to file an audited financial statement. He provided logistical and personal reasons, which the Committee considered.
7. The Committee accepts that the Auditor's Report outlines apparent contraventions of the Municipal Elections Act, 1996 and has unanimously decided to commence a legal proceeding against the Candidate for the contraventions thereof. The Committee is of the view that it is of fundamental importance that public confidence in the electoral process is maintained. The Committee is of the opinion that it is in the public interest to commence a legal proceeding against the Candidate.
8. Considering the apparent contraventions of the Municipal Elections Act, 1996 identified by the auditor, the Committee has determined that this matter should be referred to counsel to commence a legal proceeding against the Candidate; and the appointed prosecutor shall have all of the usual power and authority of a prosecutor.