Compliance Audit Committee
The full agenda, as filed
All 5 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
EA2.1withdrawn
Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Grant Gonzales
Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Grant Gonzales for City Councillor Ward 9 Davenport.
The Compliance Audit Committee granted the Applicant's request to withdraw the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Grant Gonzales for the following reasons: 1. The Compliance Audit Committee held a hearing on July 13, 2023 to hear Item EA2.1 the Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Grant Gonzales. 2. At the start of the hearing, the Applicant made a request to withdraw the Application. 3. The Committee considered section 88.33(1) of the Municipal Elections Act, 1996, which states: 88.33 (1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate's election campaign finances. 4. While these are unusual circumstances, the Committee determined that the Applicant's request to withdraw may be permitted as the withdrawal request indicates reasonable grounds for the Application may no longer exist. 5. Additionally, section 4.6(1) of the Statutory Powers Procedure Act enables the Committee to dismiss a proceeding without a hearing if it is frivolous, vexatious or is commenced in bad faith. The Committee decided that given the Applicant's request to withdraw the Application, it would be frivolous to proceed. 6. While the Committee did not hold a hearing to assess the merits of this matter, these reasons could support a decision to reject the Application in accordance with section 88.33(7). 7. The Respondent did not object to the Applicant's request to withdraw the Application.
EA2.2amended
Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Peter Handjis
Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Peter Handjis for Mayor.
The Compliance Audit Committee rejected the application for a compliance audit of the Election Campaign Finances of Peter Handjis. 1. The Compliance Audit Committee met on July 13, 2023 to hear Item EA2.2, the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Peter Handjis. 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 campaign received no revenues and incurred $5,359.52 in expenses and that as a result, the Applicant alleges that expenses were not paid from a campaign account as required by the Municipal Elections Act (MEA); and b. That the Candidate did not comply with the requirements to accurately complete the financial statements. 5. The Committee then provided the Respondent with the opportunity to respond. The Respondent was not present at the hearing and did not provide submissions to the Committee. 6. The Committee has discretion to determine whether to grant or reject an application. After consideration of the evidence provided, the Committee concluded that there were breaches of the Act. Due to the level of materiality of the breaches and the limited nature of the breaches, a compliance audit is not warranted as an audit would not provide any further clarity about the breaches. 7. The failure of the Respondent to provide information to the Committee and the nature of the alleged breaches raises concerns. The participation of the Respondent in this proceeding would have been very helpful to the process and would have assisted in ensuring transparency and openness in understanding the Respondent's campaign finances. 8. This application process has provided information and public scrutiny to the Candidate's finances and the Committee does not believe that an audit would further the public interest. 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 Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Peter Handjis.
EA2.3amended
Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Frank Marra
Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Frank Marra for City Councillor Ward 19 Beaches-East York.
The Compliance Audit Committee rejected the application for a compliance audit of the Election Campaign Finances of Frank Marra. 1. The Compliance Audit Committee met on July 13, 2023 to hear Item EA2.3 the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Frank Marra. 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 campaign received no revenues and incurred $4,493.48 in expenses and that as a result, the Applicant alleges that expenses were not paid from a campaign account as required by the Municipal Elections Act (MEA); b. That the Respondent did not record "self-funded" contributions to their campaign; and c. That the Respondent did not properly categorize goods and services in the financial statement. 5. The Committee then provided the Respondent with the opportunity to respond. The Respondent spoke to the issues raised in the Application. 6. The Respondent provided evidence that a bank account was opened for the campaign and expressed remorse for errors in the filed financial statement, offering to re-file if possible. 7. The Committee has discretion to determine whether to grant or reject an application. After consideration of the evidence provided, the Committee concluded that there were breaches of the Act. Due to the level of materiality of the breaches and the limited nature of the breaches, a compliance audit is not warranted as an audit would not provide any further clarity about the breaches. 8. The Committee appreciates the offer of the Respondent to re-file his financial statement and urges the Respondent, as a person who has run more than one campaign, to ensure that he complies more strictly with the Act's requirements in future campaigns. 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 Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Frank Marra.
EA2.4amended
Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Vivian Parker
Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Vivian Parker for City Councillor Ward 24 Scarborough-Guildwood.
The Compliance Audit Committee rejected the application for a compliance audit of the Election Campaign Finances of Vivian Parker. 1. The Compliance Audit Committee met on July 13, 2023 to hear Item EA2.4, the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Vivian Parker. 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. The Applicant highlighted that the candidate was in default and the penalties in 88.23(2) have already been imposed. 4. The Applicant raised concerns relating to the Respondent's compliance with the Act. In particular these related to: a. That the Respondent did not file a financial statement by March 31, 2023, as required by the Municipal Elections Act, 1996; b. That the campaign used a GoFundMe fundraiser that raised some contributions over $100 and details regarding those contributions must be disclosed; and c. That under section 88.8(8) of the Municipal Elections Act, 1996 contributions of more than $25 must not be received anonymously. 5. The Committee then provided the Respondent with the opportunity to respond. The Respondent spoke to the issues raised in the Application and indicated that extenuating factors impacted the Respondent's ability to meet the obligations in the Municipal Elections Act, 1996. The Respondent indicated regret for these actions, however, has shown a disregard for the campaign finance rules that are fundamental to a fair and equal electoral process. 6. In this instance, the Respondent has already defaulted and the penalties in 88.23(2) have 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. These penalties are significant and given that the candidate has already received them, it is not in the public interest to require an audit. 7. The Committee has discretion to determine whether to grant or reject an application. After consideration of the evidence provided, the Committee concluded that there were breaches of the Act. Due to the level of materiality of the breaches and the Respondent's actions to try to correct the breaches a compliance audit is not warranted as an audit would not provide any further clarity about the breaches. 8. For the reasons stated above and in accordance with s. 88.33(7) of the Act the Committee rejected the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Vivian Parker.
EA2.5amended
Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Keiosha Ross
Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Keiosha Ross for City Councillor Ward 24 Scarborough-Guildwood.
The Compliance Audit Committee rejected the application for a compliance audit of the Election Campaign Finances of Keiosha Ross. 1. The Compliance Audit Committee met on July 13, 2023 to hear Item EA2.5 the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Keiosha Ross. 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 Respondent received $0 in campaign contributions and incurred $400 in expenses and that the Respondent did not use a campaign account; and b. That the Respondent did not record "self-funded" contributions. 5. The Committee then provided the Respondent with the opportunity to respond. The Respondent was not present at the hearing and did not provide submissions to the Committee. 6. The Committee has discretion to determine whether to grant or reject an application. After consideration of the evidence provided, the Committee concluded that there were breaches of the Act. Due to the level of materiality of the breaches and the limited nature of the breaches, a compliance audit is not warranted as an audit would not provide any further clarity about the breaches. 7. The failure of the Respondent to provide information to the Committee and the nature of the alleged breaches raises concerns. The participation of the Respondent in this proceeding would have been very helpful to the process and would have assisted in ensuring transparency and openness in understanding the Respondent's campaign finances. 8. This application process has provided information and public scrutiny to the Candidate's finances and the Committee does not believe that an audit would further the public interest. 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 Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Keiosha Ross.