Compliance Audit Committee
The full agenda, as filed
All 6 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.
EA7.1amended
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 J Cosentino and Joe Cosentino as having a similar name at the same 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 a legal proceeding against J Cosentino and Joe Cosentino. 1. The Compliance Audit Committee met on November 21, 2019 to hear Item EA7.1 - J. Cosentino and Joe Cosentino - 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 J. Cosentino and Joe Cosentino as a contributor that appeared to have exceeded the $1,200 contribution limit to the election campaign of Angelo Carnevale. Specifically, Appendix B to the report (October 31, 2019) from the City Clerk identified two contributions of $1,200, from individuals with similar names - J Cosentino and Joe Cosentino - and with the same address. Accordingly, it appeared that a contributor had made a contribution of $2,400 to the election campaign of Angelo Carnevale. 5. The contributor was not present. The candidate appeared before the Compliance Audit Committee and spoke to the matter and provided evidence that the contributions were from two different individuals. There was additional written information submitted which corroborated the candidate's presentation. 6. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor J Cosentino and Joe Cosentino for a contravention of Section 88.9 of the Municipal Elections Act, 1996. There was no contribution over the contribution limit. The contribution attributed to "J. Cosentino" was made by Giuseppe Cosentino also known as Joe Cosentino (father) and the contribution attributed to "Joe Cosentino" was made by Giuseppe Franco Cosentino (son). The Committee reminds the candidate of their responsibility to correctly record contributions.
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 the contributor for an apparent over-contribution.
EA7.2amended
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 Maria Cosentino and Mariangela Cosentino as having a similar name at the same 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 a legal proceeding against Maria Cosentino and Mariangela Cosentino. 1. The Compliance Audit Committee met on November 21, 2019 to hear Item EA7.2 - Maria Cosentino and Mariangela Cosentino - 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 Maria Cosentino and Mariangela Cosentino as a contributor that appeared to have exceeded the $1,200 contribution limit to the election campaign of Angelo Carnevale. Specifically, Appendix B to the report (October 31, 2019) from the City Clerk identified two contributions of $1,200, from individual with similar names - Maria Cosentino and Mariangela Cosentino - and with the same address. Accordingly, it appeared that a contributor had made a contribution of $2,400 to the election campaign of Angelo Carnevale. 5. The contributor was not present. The candidate appeared before the Compliance Audit Committee and spoke to the matter and provided evidence that the contributions were from two different individuals. There was additional information submitted which corroborated the candidate's presentation. 6. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Maria Cosentino and Mariangela Cosentino for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996. There was no contribution over the contribution limit. The contribution attributed to "Maria Cosentino" was made by Olivia Anna Cosentino (daughter) and the contribution attributed to "Mariangela Cosentino" was made by Mariangela Cosentino (mother). The Committee reminds the candidate of their responsibility to correctly record contributions.
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 the contributor for an apparent over-contribution.
EA7.3amended
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 Rocchina Ditommaso and Rocchino Ditommaso as having a similar name at the same 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 a legal proceeding Rocchina Ditommaso and Rocchino Ditomasso. 1. The Compliance Audit Committee met on November 21, 2019 to hear Item EA7.3 - Rocchina Ditommaso and Rocchino Ditomasso - 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 Rocchina Ditommaso and Rocchino Ditomasso as a contributor that appeared to have exceeded the $1,200 contribution limit to the election campaign of Angelo Carnevale. Specifically, Appendix B to the report (October 31, 2019) from the City Clerk identified two contributions of $1,000, from individuals with similar names - Rocchina Ditommaso and Rocchino Ditomasso - and with the same address. Accordingly, it appeared that a contributor had made a contribution of $2,000 to the election campaign of Angelo Carnevale. 5. The contributor was not present. The candidate appeared before the Compliance Audit Committee and spoke to the matter and provided additional evidence that the contributions were from two different individuals. 6. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Rocchina Ditommaso and Rocchino Ditomasso for a contravention of Section 88.9 of the Municipal Elections Act, 1996. There was no contribution over the contribution limit. The contribution attributed to "Rocchino Ditommaso" was made by Rosino Ditommaso and the contribution attributed to "Rocchina Ditommaso" was made by Rocchina Ditommaso, spouses. The Committee reminds the candidate of their responsibility to correctly record contributions.
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 the contributor for an apparent over-contribution.
EA7.4amended
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 John Zilli and Johnny Zilli as having a similar name at the same 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 a legal proceeding against John Zilli and Johnny Zilli. 1. The Compliance Audit Committee met on November 21, 2019 to hear Item EA7.4 - John Zilli and Johnny Zilli - 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 John Zilli and Johnny Zilli as a contributor that appeared to have exceeded the $1,200 contribution limit to the election campaign of Angelo Carnevale. Specifically, Appendix B to the report (October 31, 2019) from the City Clerk identified two contributions, one of $1,200 and one of $200, from individuals with similar names - John Zilli and Johnny Zilli - and with the same address. Accordingly, it appeared that a contributor had made a contribution of $1,400 to the election campaign of Angelo Carnevale. 5. The contributor was not present, but provided a written submission which clarified that the individuals were different people. The candidate also appeared before the Compliance Audit Committee and spoke to the matter. 6. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor John Zilli and Johnny Zilli for a contravention of Section 88.9 of the Municipal Elections Act, 1996. There was no contribution over the contribution limit. The contribution of $1,200 attributed to "John Zilli" was made by John Zilli (father) and the contribution of $200 attributed to "Johnny Zilli" was made by John Tito Zilli (son).
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 the contributor for an apparent over-contribution.
EA7.5amended
The Compliance Audit Committee, at its meeting of November 18, 2019, deferred consideration of Item EA6.5 headed "Abdurahman Gureye - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act" to its 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. 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: Has decided not to commence a legal proceeding against Abdurahman Gureye. 1. The Compliance Audit Committee met on November 18, 2019 to hear Item EA6.5 and on November 21 to hear item EA7.5 - Abdurahman Gureye - 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 Abdurahman Gureye 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 Abdurahman Gureye as having made two contributions, one of $2,500 and one of $700, for a total contribution $3,200 to the election campaign of Saron Gebresellassi. 5. At the Compliance Audit Committee meeting of November 18, 2019, the candidate and the financial campaign manager were both present. On November 21, 2019, the contributor Abdurahman Gureye and the financial campaign manager, Winta Belay were both present and they addressed the Committee. The Contributor explained that he was aware of the $2,500 contribution limit and made a contribution of $2,500. He explained that he provides public relations services to the candidate in her business activities as a lawyer, and that $700 was an overpayment for business services and returned by him. The candidate did not attend the meeting on November 21, 2019. 6. For the reasons stated below, the Compliance Audit Committee has decided that there was not a contravention of Section 88.9 of the Municipal Elections Act, 1996. There was a contribution of $2,500, which did not exceed the contribution limit. The other $700 amount was a business payment, unrelated to the campaign. In the Committee's view, the responsibility rests with the candidate to accurately record transactions.
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.
EA7.6amended
The Compliance Audit Committee, at its meeting of November 18, 2019, deferred consideration of Item EA6.7 headed "Christien Levien - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act" to its 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). 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.
The Compliance Audit Committee: Has decided not to commence a legal proceeding against Christien Levien. 1. The Compliance Audit Committee met on November 18, 2019 to hear Item EA6.7 and on November 21, 2019 to hear Item EA7.6 - Christien Levien - 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 Christien Levien 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 Christien Levien as having made two contributions of $2,500 each for a total contribution of $5,000 to the election campaign of Saron Gebresellassi. 5. On both November 18, 2019, and November 21, 2019, the financial campaign manager, Winta Belay was present and addressed the Committee about this matter on November 21. The contributor was not present on either day. 6. For the reasons stated below, a majority of the Compliance Audit Committee, Lawrence D'Souza and Joe Wong, has decided not to commence a legal proceeding against contributor Christien Levien for the contravention of Section 88.9 of the Municipal Elections Act, 1996. The contributor provided very confusing statements. There was no contravention of the contribution limit because according to the campaign finance manager, Winta Belay, there were two contributions of $2,500, and one contribution was returned to the contributor. Ms. Belay provided some additional documents. 7. The third member of the Compliance Audit Committee, Chair Isabel Meharry, is dissenting from the majority. Ms. Meharry found the contributor's memo of November 10, 2019 to be in conflict with the testimony and documentation provided by Winta Belay. Due to this conflict, she was of the view that it was not possible to determine if there was a contravention of the contribution limit, and if there was a contravention of the contribution limit, whether a legal proceeding was warranted.
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.