Compliance Audit Committee
The full agenda, as filed
All 7 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.
EA6.1amended
The City Clerk is sending an external auditor's report to the Compliance Audit Committee for consideration. The auditor completed its review of initial financial statements filed and identified Judy Mathew as a contributor who appears to have exceeded the contribution limits in the Municipal Elections Act, 1996 (Municipal Elections Act). Within 30 days of receiving this report, the Compliance Audit Committee is required to decide whether to: (1) commence legal proceedings against the contributor for an apparent contravention; or (2) not to commence legal proceedings against the contributor for an apparent contravention. The Committee must also provide brief written reasons for its decision. The Municipal Elections Act requires the City Clerk to review all contributions reported in financial statements submitted by candidates and registered third party advertisers in the 2018 municipal election and to prepare a separate report for each contributor who appears to have exceeded any of the contribution limits. The City Clerk retained an external auditor, BDO Canada LLP, through a competitive procurement process, to review all candidates and registered third party advertisers' financial statements and report on each apparent over-contribution.
The Compliance Audit Committee: Has decided not to commence legal proceedings against Judy Mathew. 1. The Compliance Audit Committee met on November 18, 2019 to hear Item EA6.1: Judy Mathew - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act. 2. Section 88.34(2) of the Municipal Elections Act, 1996 requires the City Clerk to prepare a report identifying each contributor to a candidate for office on a council who appears to have contravened any of the contribution limits under Section 88.9. 3. Section 88.9(1) of the Municipal Elections Act, 1996 states that a contributor shall not make contributions exceeding a total of $1,200 to any one candidate in an election. 4. Appendix A to the report (October 31, 2019) from the City Clerk identified Judy Mathew as a contributor that appeared to have exceeded the $1,200 contribution limit. Specifically, the Appendix A to the report (October 31, 2019) from the City Clerk identified Judy Mathew to have contributed $1,240 to the election campaign of Reddy Muttukuru. 5. The auditor, BDO Canada LLP, explained their report, attached as Appendix A to the report (October 31, 2019) from the City Clerk, setting out the audit process and the findings with respect to Judy Mathew. 6. Neither the contributor nor the candidate were present. Written submissions from both the contributor and the candidate were received and considered by the Compliance Audit Committee. 7. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Judy Mathew for the contravention of Section 88.9 of the Municipal Elections Act, 1996. There was a contravention of the contribution limit because the individual made a contribution of $1240 which exceeded the applicable limit of $1200 by a minimal amount, and appears to have been made in error. The contributor, from their written submission, appears to be remorseful. In the Committee's view, the responsibility rests with the candidate to monitor the contribution limits. The candidate was provided with written material by the Clerk outlining the contribution limits. Additionally, the Clerk offered multiple training sessions to candidates.
Staff recommendation as filed
The City Clerk recommends that: 1. The Compliance Audit Committee consider the auditor's report from BDO Canada LLP, attached as Appendix A to this report, and decide whether to commence a legal proceeding against Judy Mathew for an apparent over-contribution.
EA6.2amended
The City Clerk is sending an external auditor's report to the Compliance Audit Committee for consideration. The auditor completed its review of initial financial statements filed and identified two individuals named Michael McClelland as having the same name but different address, and, if they are the same contributor, appear to have exceeded the contribution limits in the Municipal Elections Act, 1996 (Municipal Elections Act). Within 30 days of receiving this report, the Compliance Audit Committee is required to decide whether to: (1) commence legal proceedings against the contributor for an apparent contravention; or (2) not to commence legal proceedings against the contributor for an apparent contravention. The Committee must also provide brief written reasons for its decision. The Municipal Elections Act requires the City Clerk to review all contributions reported in financial statements submitted by candidates and registered third party advertisers in the 2018 municipal election and to prepare a separate report for each contributor who appears to have exceeded any of the contribution limits. The City Clerk retained an external auditor, BDO Canada LLP, through a competitive procurement process, to review all candidates and registered third party advertisers' financial statements and report on each apparent over-contribution.
The Compliance Audit Committee: Has decided not to commence legal proceedings against Michael McClelland 1. The Compliance Audit Committee met on November 18, 2019 to hear Item EA6.2 - Michael McClelland - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act. 2. Section 88.34(2) of the Municipal Elections Act,1996 requires the City Clerk to prepare a report identifying each contributor to a candidate for office on a council who appears to have contravened any of the contribution limits under Section 88.9. 3. Section 88.9(1) of the Municipal Elections Act,1996 states that a contributor shall not make contributions exceeding a total of $1,200 to any one candidate in an election. 4. Appendix B to the report (October 31, 2019) from the City Clerk identified Michael McClelland as a contributor that appeared to have exceeded the $1,200 contribution limit to the election campaign of Kristyn Wong-Tam. Specifically, Appendix B to the report (October 31, 2019) from the City Clerk identified Michael McClelland to have contributed $1,250 in total to the election campaign of Kristyn Wong-Tam. Two contributions were made, one for $750 and one for $500, each from a different address. 5. The contributor appeared and provided information to the Committee. 6. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Michael McClelland for the contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended. There was a contravention of the contribution limit. The individual made two contributions, one for $750 and one for $500, one from his home address and one from his business address. These contributions totalled $1250, $50 more than the applicable limit but the over-contribution appears to have been in error. In addition, the contributor was remorseful and recognizes that an over-contribution was made.
Staff recommendation as filed
The City Clerk recommends that: 1. The Compliance Audit Committee consider the auditor's report from BDO Canada LLP, attached as Appendix B to this report, and decide whether to commence a legal proceeding against Michael McClelland for an apparent over-contribution.
EA6.3amended
The City Clerk is sending an external auditor's report to the Compliance Audit Committee for consideration. The auditor completed its review of initial financial statements filed and identified two individuals named Quintin Johnstone as having the same name but different address, and, if they are the same contributor, appear to have exceeded the contribution limits in the Municipal Elections Act, 1996 (Municipal Elections Act). Within 30 days of receiving this report, the Compliance Audit Committee is required to decide whether to: (1) commence legal proceedings against the contributor for an apparent contravention; or (2) not to commence legal proceedings against the contributor for an apparent contravention. The Committee must also provide brief written reasons for its decision. The Municipal Elections Act requires the City Clerk to review all contributions reported in financial statements submitted by candidates and registered third party advertisers in the 2018 municipal election and to prepare a separate report for each contributor who appears to have exceeded any of the contribution limits. The City Clerk retained an external auditor, BDO Canada LLP, through a competitive procurement process, to review all candidates and registered third party advertisers' financial statements and report on each apparent over-contribution.
The Compliance Audit Committee: Has decided not to commence legal proceedings against Quintin Johnstone. 1. The Compliance Audit Committee met on November 18, 2019 to hear Item EA6.3 - Quintin Johnstone - A contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act. 2. Section 88.34(2) of the Municipal Elections Act, 1996 requires the City Clerk to prepare a report identifying each contributor to a candidate for office on a council who appears to have contravened any of the contribution limits under Section 88.9. 3. Section 88.9(1) of the Municipal Elections Act, 1996 states that a contributor shall not make contributions exceeding a total of $1,200 to any one candidate in an election. 4. Appendix B to the report (October 31, 2019) from the City Clerk identified Quintin Johnstone as a contributor that appeared to have exceeded the $1,200 contribution limit to the election campaign of Norman Gardner. Specifically, Appendix B to the report (October 31, 2019) from the City Clerk identified Quintin Johnstone to have contributed $1,700 to the election campaign of Norman Gardner consisting of a $500 monetary contribution and a $1200 in-kind contribution. 5. The contributor and the candidate both appeared and provided information to the Committee. 6. For the reasons stated below, the Compliance Audit Committee has decided that there was no contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contributions made to the campaign of Norman Gardner. There was not a contravention over the contribution limit because the individual made a monetary contribution of $500 and otherwise provided voluntary labour which in this fact situation is not a contribution in-kind. The Committee considers that it is the candidate's responsibility to monitor both the campaign manager's activities and the contribution limits. The candidate was provided with written material by the Clerk outlining the contribution limits. Additionally, the Clerk offered multiple training sessions to candidates. Despite this, $1200 was recorded as an in-kind contribution for the voluntary labour.
Staff recommendation as filed
The City Clerk recommends that: 1. The Compliance Audit Committee consider the auditor's report from BDO Canada LLP, attached as Appendix B to this report, and decide whether to commence a legal proceeding against Quintin Johnstone for an apparent over-contribution.
EA6.4amended
The City Clerk is sending an external auditor's report to the Compliance Audit Committee for consideration. The auditor completed its review of initial financial statements filed and identified Winta Belay as a contributor who appears to have exceeded the contribution limits in the Municipal Elections Act, 1996 (Municipal Elections Act). Within 30 days of receiving this report, the Compliance Audit Committee is required to decide whether to: (1) commence legal proceedings against the contributor for an apparent contravention; or (2) not to commence legal proceedings against the contributor for an apparent contravention. The Committee must also provide brief written reasons for its decision. The Municipal Elections Act requires the City Clerk to review all contributions reported in financial statements submitted by candidates and registered third party advertisers in the 2018 municipal election and to prepare a separate report for each contributor who appears to have exceeded any of the contribution limits. The City Clerk retained an external auditor, BDO Canada LLP, through a competitive procurement process, to review all candidates and registered third party advertisers' financial statements and report on each apparent over-contribution.
The Compliance Audit Committee: Has decided not to commence legal proceedings against Winta Belay. 1. The Compliance Audit Committee met on November 18, 2019 to hear Item EA6.4 - Winta Belay - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act. 2. Section 88.34(2) of the Municipal Elections Act, 1996 requires the City Clerk to prepare a report identifying each contributor to a candidate for office on a council who appears to have contravened any of the contribution limits under Section 88.9. 3. Section 88.9(3) of the Municipal Elections Act, 1996 states that the maximum total contribution that a contributor may make to a candidate for the office of mayor in the City of Toronto is $2,500. 4. Appendix A to the report (October 31, 2019) from the City Clerk identified Winta Belay as a contributor that appeared to have exceeded the $2,500 contribution limit to the election campaign of Saron Gebresellassi. Specifically, Appendix A to the report (October 31, 2019) from the City Clerk identified Winta Belay to have made two contributions of $2,275 each for a total contribution of $4,550 to the election campaign of Saron Gebresellassi. 5. The contributor and the candidate both appeared and provided information to the Committee. It was explained that only one contribution of $2,275 was made but the contribution was erroneously recorded twice. 6. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Winta Belay for the contravention of Section 88.9 of the Municipal Elections Act, 1996. There was not a contravention over the contribution limit because the individual made one contribution of $2,275, which is below the contribution limit, not two contributions of $2,275. The Committee considers that it is the candidate's responsibility to monitor the contribution limits. The candidate was provided with written material by the Clerk outlining the contribution limits. Additionally, the Clerk offered multiple training sessions to candidates.
Staff recommendation as filed
The City Clerk recommends that: 1. The Compliance Audit Committee consider the auditor's report from BDO Canada LLP, attached as Appendix A to this report, and decide whether to commence a legal proceeding against Winta Belay for an apparent over-contribution.
EA6.5deferred
The City Clerk is sending an external auditor's report to the Compliance Audit Committee for consideration. The auditor completed its review of initial financial statements filed and identified Abdurahman Gureye as a contributor who appears to have exceeded the contribution limits in the Municipal Elections Act, 1996 (Municipal Elections Act). Within 30 days of receiving this report, the Compliance Audit Committee is required to decide whether to: (1) commence legal proceedings against the contributor for an apparent contravention; or (2) not to commence legal proceedings against the contributor for an apparent contravention. The Committee must also provide brief written reasons for its decision. The Municipal Elections Act requires the City Clerk to review all contributions reported in financial statements submitted by candidates and registered third party advertisers in the 2018 municipal election and to prepare a separate report for each contributor who appears to have exceeded any of the contribution limits. The City Clerk retained an external auditor, BDO Canada LLP, through a competitive procurement process, to review all candidates and registered third party advertisers' financial statements and report on each apparent over-contribution.
The Compliance Audit Committee deferred consideration of the Item to the meeting of November 21, 2019 to allow the City Clerk to make a further attempt to contact the Contributor as the notice sent by registered mail was returned.
Staff recommendation as filed
The City Clerk recommends that: 1. The Compliance Audit Committee consider the auditor's report from BDO Canada LLP, attached as Appendix A to this report, and decide whether to commence a legal proceeding against Abdurahman Gureye for an apparent over-contribution.
EA6.6amended
The City Clerk is sending an external auditor's report to the Compliance Audit Committee for consideration. The auditor completed its review of initial financial statements filed and identified Mohamed Hassan as a contributor who appears to have exceeded the contribution limits in the Municipal Elections Act, 1996 (Municipal Elections Act). Within 30 days of receiving this report, the Compliance Audit Committee is required to decide whether to: (1) commence legal proceedings against the contributor for an apparent contravention; or (2) not to commence legal proceedings against the contributor for an apparent contravention. The Committee must also provide brief written reasons for its decision. The Municipal Elections Act requires the City Clerk to review all contributions reported in financial statements submitted by candidates and registered third party advertisers in the 2018 municipal election and to prepare a separate report for each contributor who appears to have exceeded any of the contribution limits. The City Clerk retained an external auditor, BDO Canada LLP, through a competitive procurement process, to review all candidates and registered third party advertisers' financial statements and report on each apparent over-contribution.
The Compliance Audit Committee: Has decided not to commence legal proceedings against Mohamed Hassan. 1. The Compliance Audit Committee met on November 18, 2019 to hear Item EA6.6 - Mohamed Hassan - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act. 2. Section 88.34(2) of the Municipal Elections Act, 1996 requires the City Clerk to prepare a report identifying each contributor to a candidate for office on a council who appears to have contravened any of the contribution limits under Section 88.9. 3. Section 88.9(3) of the Municipal Elections Act, 1996 states that the maximum total contribution that a contributor may make to a candidate for the office of mayor in the City of Toronto is $2,500. 4. Appendix A to the report (October 31, 2019) from the City Clerk identified Mohamed Hassan as a contributor that appeared to have exceeded the $2,500 contribution limit to the election campaign of Saron Gebresellassi. Specifically, Appendix A to the report (October 31, 2019) from the City Clerk identified Mohamed Hassan to have contributed $3,000 to the election campaign of Saron Gebresellassi. 5. The contributor and the candidate both appeared and provided information to the Committee. The Committee was informed that a $300 contribution has been made but was recorded in error as $3,000. 6. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Mohamed Hassan for the contravention of Section 88.9 of the Municipal Elections Act, 1996. There was not a contravention over the contribution limit because the individual made a contribution of $300, which is significantly below the contribution limit, not a contribution of $3,000. The Committee considers that it is the candidate's responsibility to monitor the contribution limits. The candidate was provided with written material by the Clerk outlining the contribution limits. Additionally, the Clerk offered multiple training sessions to candidates.
Staff recommendation as filed
The City Clerk recommends that: 1. The Compliance Audit Committee consider the auditor's report from BDO Canada LLP, attached as Appendix A to this report, and decide whether to commence a legal proceeding against Mohamed Hassan for an apparent over-contribution.
EA6.7deferred
The City Clerk is sending an external auditor's report to the Compliance Audit Committee for consideration. The auditor completed its review of initial financial statements filed and identified Christien Levien as a contributor who appears to have exceeded the contribution limits in the Municipal Elections Act, 1996 (Municipal Elections Act). Within 30 days of receiving this report, the Compliance Audit Committee is required to decide whether to: (1) commence legal proceedings against the contributor for an apparent contravention; or (2) not to commence legal proceedings against the contributor for an apparent contravention. The Committee must also provide brief written reasons for its decision. The Municipal Elections Act requires the City Clerk to review all contributions reported in financial statements submitted by candidates and registered third party advertisers in the 2018 municipal election and to prepare a separate report for each contributor who appears to have exceeded any of the contribution limits. The City Clerk retained an external auditor, BDO Canada LLP, through a competitive procurement process, to review all candidates and registered third party advertisers' financial statements and report on each apparent over-contribution.
That consideration of the item be deferred to the Compliance Audit Committee meeting of November 21, 2019 to allow the Contributor to provide more information related to the contribution, in particular the cheque copies of the contribution(s).
Staff recommendation as filed
The City Clerk recommends that: 1. The Compliance Audit Committee consider the auditor's report from BDO Canada LLP, attached as Appendix A to this report, and decide whether to commence a legal proceeding against Christien Levien for an apparent over-contribution.