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Compliance Audit Committee · 2019-07-02 · 2019.EA3.1

The filed record

Compliance Audit Application by Adam Chaleff for the Election Campaign Finances of Jim Karygiannis

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The decision

2019-07-02 · Compliance Audit Committee · amended

As filed

The Compliance Audit Committee: 1. Denied the request to adjourn and proceeded to hear the application at its meeting on July 2, 2019. 2. Granted the application for a compliance audit. 1. The Compliance Audit Committee met on July 2, 2019 to hear Item EA3.1.1 the Compliance Audit Application of Adam Chaleff for a compliance audit of the Election Campaign Finances of the Respondent, Jim Karygiannis. 2. Counsel for the Applicant appeared before the Committee and provided submissions related to the Application.

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3. The Applicant's counsel 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 three main concerns relating to the Respondent's compliance with the Act. First, honoraria paid to the Respondent's supporters in the amount of $81,000.00; second, an allegation that the Respondent misclassified the expenses for a mailing of promotional material; and third, the Respondent misclassified a voter appreciation event as a fundraising event. 5. The Committee then provided the Respondent's counsel with the opportunity to respond. The Respondent's counsel stated that he was not in a position to reply to the Applicant's submissions. The Respondent's counsel made a brief submission with respect to procedural fairness and stated that whether the Committee met today or on July 4, 2019 (the last day for the Committee to render a decision in accordance with ss. 88.33(7) of the Act), his objection remained. 6. The Committee heard submissions from one member of the public, Roland Lin. 7. The Committee concluded that there are reasonable grounds that: a. the Respondent misclassified honorarium payments in his audited financial statement, which if properly classified would have exceeded the General Spending Limit of $61,207.95; b. the Respondent improperly classified an expense for the mailing of promotional material as a fundraising expense; and c. the Respondent misclassified a voter appreciation event as a fundraising event, which if properly classified would have exceeded the voter appreciation spending limit of $6,120.80. 8. For the reasons stated above, the Committee shall appoint an auditor to conduct a compliance audit of the election campaign finances of Jim Karygiannis, in accordance with s. 88.33(10) of the Act.

On the agenda

As the city filed it

Application for a Compliance Audit received June 4, 2019, from applicant Adam Chaleff for candidate Jim Karygiannis for City Councillor Ward 22 Scarborough-Agincourt.

    On the record

    The item as the City filed it