Item - 2024.EA8.1

Tracking Status

EA8.1 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Giorgio Mammoliti

Decision Type:
ACTION
Status:
Amended
Wards:
All

Statutory - Municipal Elections Act, SO 1996

Committee Decision

The Compliance Audit Committee granted the application for a compliance audit of the Election Campaign Finances of Giorgio Mammoliti.

 

1. The Compliance Audit Committee met on March 22, 2024, to hear Item EA8.1, the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Giorgio Mammoliti.

 

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 concerns related to:

 

a. Failing to file a financial statement by the deadline after obtaining an extension until December 10, 2023.

 

b. The Respondent spent more than $10,000 on his campaign and as a result was required to file an audited financial statement which the Respondent failed to do.

 

5. The Applicant also informed the Committee that the Respondent is a former member of Council and raised several questions about the Respondent’s campaign finances that were unanswered.

 

6. The Respondent did not appear before the Committee but did provide a written submission to the Committee which has been taken into consideration.

 

7. While the Respondent’s written submission provided information as to why the Candidate did not file an audited financial statement the Committee is concerned that the failure to file and the lack of transparency in the Candidate’s campaign finances undermines the integrity of the electoral process.

 

8. In this instance, the Respondent has already defaulted and the penalty in s. 88.23(2) has already been imposed. This includes a prohibition on the Respondent being eligible to be a candidate for municipal office until after the 2026 municipal election. This penalty is significant, but it is in the public interest to seek greater public transparency in the Respondent’s campaign finances and this information would not be made available without an audit.

 

9. The Committee concluded that there are reasonable grounds that:

 

a. the Respondent did not file a financial statement as required and this is a breach of the Municipal Elections Act, 1996.

 

10. As a result, there are questions that cannot be answered without an audit, including in respect of the contributions received and expenses incurred by this campaign.

 

11. For the reasons stated above, and in the spirit of accountability, transparency, and upholding the public interest, the Committee shall grant the Application and appoint an auditor to conduct a compliance audit of the election campaign finances of Giorgio Mammoliti, in accordance with s. 88.33(7) and (10) of the Act.

Decision Advice and Other Information

The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA8.1 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Giorgio Mammoliti and to receive advice that is subject to solicitor-client privilege.

Summary

Application for a Compliance Audit received February 26, 2024, from applicant Kevin Wiener for candidate Giorgio Mammoliti for Mayor.

Background Information

(February 26, 2024) Compliance Audit Application - Applicant Kevin Wiener, Candidate Giorgio Mammoliti
https://www.toronto.ca/legdocs/mmis/2024/ea/bgrd/backgroundfile-243830.pdf

Communications

(March 21, 2024) Submission from Applicant Kevin Wiener (EA.New)
https://www.toronto.ca/legdocs/mmis/2024/ea/comm/communicationfile-178176.pdf
(March 21, 2024) Submission from Candidate Giorgio Mammoliti (EA.New)
https://www.toronto.ca/legdocs/mmis/2024/ea/comm/communicationfile-178234.pdf

Speakers

Kevin Wiener

Motions

1 - Motion to Meet in Closed Session moved by Sara Gelgor (Carried)

At 9:45 a.m. - That the Compliance Audit Committee recess its public session to meet in closed session to deliberate in private on Item EA8.1 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Giorgio Mammoliti and to receive advice that is subject to solicitor-client privilege.


2 - Motion to Amend Item moved by Sara Gelgor (Carried)

That the Compliance Audit Committee grant the application for a compliance audit of the Election Campaign Finances of Giorgio Mammoliti.

 

1. The Compliance Audit Committee met on March 22, 2024, to hear Item EA8.1, the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Giorgio Mammoliti.

 

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 concerns related to:

 

a. Failing to file a financial statement by the deadline after obtaining an extension until December 10, 2023.

 

b. The Respondent spent more than $10,000 on his campaign and as a result was required to file an audited financial statement which the Respondent failed to do.

 

5. The Applicant also informed the Committee that the Respondent is a former member of Council and raised several questions about the Respondent’s campaign finances that were unanswered.

 

6. The Respondent did not appear before the Committee but did provide a written submission to the Committee which has been taken into consideration.

 

7. While the Respondent’s written submission provided information as to why the Candidate did not file an audited financial statement the Committee is concerned that the failure to file and the lack of transparency in the Candidate’s campaign finances undermines the integrity of the electoral process.

 

8. In this instance, the Respondent has already defaulted and the penalty in s. 88.23(2) has already been imposed. This includes a prohibition on the Respondent being eligible to be a candidate for municipal office until after the 2026 municipal election. This penalty is significant, but it is in the public interest to seek greater public transparency in the Respondent’s campaign finances and this information would not be made available without an audit.

 

9. The Committee concluded that there are reasonable grounds that:

 

a. the Respondent did not file a financial statement as required and this is a breach of the Municipal Elections Act, 1996.

 

10. As a result, there are questions that cannot be answered without an audit, including in respect of the contributions received and expenses incurred by this campaign.

 

11. For the reasons stated above, and in the spirit of accountability, transparency, and upholding the public interest, the Committee shall grant the Application and appoint an auditor to conduct a compliance audit of the election campaign finances of Giorgio Mammoliti, in accordance with s. 88.33(7) and (10) of the Act.

Source: Toronto City Clerk at www.toronto.ca/council