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Toronto City Council · 2019-06-18 · 2019.CC8.2

The filed record

The Circumstances of a Breach of Confidentiality Regarding Item 2018.CC39.10

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The decision

2019-06-18 · Toronto City Council · adopted

As filed

City Council on June 18 and 19, 2019, adopted the following: 1. City Council receive the report (June 10, 2019) from the Integrity Commissioner for information.

On the agenda

As the city filed it

On May 22, 2018, City Council requested that the Integrity Commissioner, in consultation with the City Manager, investigate the circumstances of a breach of confidentiality in regards to Item 39.10 and to report back to City Council at the July 23, 24 and 25, 2018 meeting. This report responds to that request. The Council request relates to media reports that indicated that a confidential investigation report provided to City Council was provided to the media.

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It is contrary to Article V (Confidential Information) of the Code of Conduct for Members of Council to disclose this kind of information. Immediately upon receipt of the request, I determined that I could not meet the deadline requested due to the workload in the Office at the time. In consideration of the Office's workload at the time, the information provided in support of the request and the Office's prior experience investigating similar issues, I did not commence any special inquiry but remained alert to evidence of the breach in the context of another related inquiry: the inquiry into whether any members of the Toronto Parking Authority or the Emery Village Business Improvement Area Boards contravened the Code of Conduct (the "TPA Inquiry"). I obtained insufficient information in the TPA Inquiry to assist with determining whether any member of Council was a source of the disclosure. Without further specific information about the source of the leak, it is my view that there are no more prudent or reasonable steps to be taken about this matter. Disclosure of confidential information is a clear and serious contravention of the Code of Conduct. I encourage City Council as a whole, individual members of Council and their staff and staff in the Toronto Public Service to be vigilant about confidential information. If any of person has specific information about disclosure of confidential information to any source, whether it be in a media outlet or not, I encourage them to come forward directly to the Integrity Commissioner. Under the new Complaint and Application Procedures, the Commissioner has greater discretion to protect whistleblowers. If members of Council, staff or otherwise are not coming forward for fear of reprisal, they can request they should inform the Commissioner of this concern so that the matter can be dealt with in a way that protects the person coming forward with the information.

Staff recommended

The Integrity Commissioner recommends that: 1. City Council receive this report for information.

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