Item - 2010.EX40.2

Tracking Status

  • City Council adopted this item on February 22, 2010 without amendments.
  • This item was considered by the Executive Committee on February 1, 2010 and adopted without amendment. It will be considered by City Council on February 22, 2010.

EX40.2 - Report on Amending the Complaint Protocol about Election Year Complaints in Response to Changes to the Municipal Election Act 1996

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on February 22 and 23, 2010, adopted the following:

 

1.         City Council amend the Code of Conduct Complaint Protocol for Members of Council, Part B: FORMAL COMPLAINT PROCEDURE, section 1(6) as follows:

 

             In a municipal election year, a code of conduct complaint respecting a member who is seeking re-election may not be filed with the City Clerk during the period starting on Civic Monday (August 1 in 2010) and ending when a new City Council is deemed organized under section 185 of the City of Toronto Act 2006.

Background Information (Committee)

Report on Amending the Complaint Protocol about Election Year Complaints in Response to Changes to the Municipal Elections Act 1996
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-26720.pdf

Motions (City Council)

1 - Motion to Receive Item moved by Councillor Rob Ford (Lost)
That the Item be received for information.

Vote (Receive Item) Feb-22-2010 4:35 PM

Result: Lost Majority Required - EX40.2 - Ford - Motion 1
Total members that voted Yes: 2 Members that voted Yes are Rob Ford, Frances Nunziata
Total members that voted No: 30 Members that voted No are Paul Ainslie, Brian Ashton, Maria Augimeri, Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Mark Grimes, Suzan Hall, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby (Chair), Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, Ron Moeser, Howard Moscoe, Case Ootes, Cesar Palacio, John Parker, Gord Perks, Kyle Rae, David Shiner, Karen Stintz, Adam Vaughan
Total members that were Absent: 13 Members that were absent are Sandra Bussin, Raymond Cho, Mike Feldman, Paula Fletcher, Adam Giambrone, A.A. Heaps, David Miller, Denzil Minnan-Wong, Joe Pantalone, Anthony Perruzza, Bill Saundercook, Michael Thompson, Michael Walker

Motion to Adopt Item (Carried)

Vote (Adopt Item) Feb-22-2010 4:36 PM

Result: Carried Majority Required - EX40.2 - Adopt the Item
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Mark Grimes, Suzan Hall, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby (Chair), Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Howard Moscoe, Case Ootes, Cesar Palacio, John Parker, Gord Perks, Kyle Rae, David Shiner, Karen Stintz, Adam Vaughan
Total members that voted No: 2 Members that voted No are Rob Ford, Frances Nunziata
Total members that were Absent: 11 Members that were absent are Sandra Bussin, Mike Feldman, Paula Fletcher, Adam Giambrone, A.A. Heaps, David Miller, Joe Pantalone, Anthony Perruzza, Bill Saundercook, Michael Thompson, Michael Walker

EX40.2 - Report on Amending the Complaint Protocol about Election Year Complaints in Response to Changes to the Municipal Election Act 1996

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council amend the Code of Conduct Complaint Protocol for Members of Council, Part B: FORMAL COMPLAINT PROCEDURE, section 1(6) as follows:

 

             In a municipal election year, a code of conduct complaint respecting a member who is seeking re-election may not be filed with the City Clerk during the period starting on Civic Monday (August 1 in 2010) and ending when a new City Council is deemed organized under section 185 of the City of Toronto Act 2006.

Origin

(January 18, 2010) Report from the Integrity Commissioner

Summary

The current Code of Conduct Complaint Protocol for Members of Council, (“the Complaint Protocol”) does not permit formal complaints to be made to the Integrity Commissioner between Labour Day of an election year and the date that the new City Council is organized.

 

On December 15, 2009, the Province passed Bill 212, Good Government Act, which   amended the Municipal Elections Act 2006 and moved Election Day up to October 25, 2010. In anticipation of the passage of this Bill, City Council changed the Committee and Council meeting schedule for Fall 2010. The last regular City Council meeting before Election Day will now be held in August, instead of at the end of September as formerly planned.

 

In keeping with the new dates, this report recommends amending the Complaint Protocol and changing the date in an election year after which no formal complaints can be made from Labour Day to Civic Monday (August 1 in 2010).

 

Background Information

Report on Amending the Complaint Protocol about Election Year Complaints in Response to Changes to the Municipal Elections Act 1996
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-26720.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Paula Fletcher (Carried)
Source: Toronto City Clerk at www.toronto.ca/council