Item - 2010.EX40.3

The Executive Committee:

1.         Referred the report (January 18, 2010) from the City Solicitor and the City Clerk to the City Manager with a request that he report further to the Executive Committee for its meeting to be held on March 1, 2010, if possible, on the previous direction of Council, including using such outside expertise as he deems necessary.

2.         Referred the following motion by Councillor Moscoe to the City Manager for consideration:

"That:

1.         The City Clerk, on or before June 30, 2011, be instructed to establish a legal expenses reserve fund for any candidate who so requests in writing.

2.         Candidates shall be permitted to deposit into their legal expenses reserve fund surplus election campaign funds or any moneys raised subsequently to cover expenses related to a compliance audit to be held in trust to cover any legal expenses related to a compliance audit.

3.         Candidates may access these funds to cover compliance audit related expenditures that may arise either before or subsequent to June 30, 2011 at the discretion of Council.

4.         These reserve accounts will be held until the next municipal election at which time they will be discharged and all funds contained therein shall be transferred to the City Clerk to be applied to the cost of the next election.

5.         City Council adopt the principle that making a polling station accessible to the disabled shall be accomplished without seriously compromising the accessibility of the general electorate.

6.         If necessary, transporting electors may be used by the City Clerk as a means of respecting this principle.

7.         The City Clerk, on the basis of the quantum of the deficiencies in the voters lists for the last municipal election, put in place a contingency capacity for direct enumeration of electors to correct obvious deficiencies in voters lists as they arise.

8.         MPAC be advised that the City of Toronto intends to hold them accountable for the accuracy of the voters list.

9.         The Student Connect Program be expanded to include the hiring of students as election officials and as enumerators as required.

10.       Complaints be filed with the Ontario Human Rights Commission and the Ontario Ombudsman against MPAC, which despite repeated requests, has not adequately fulfilled its responsibility to enumerate tenants of multi-residential rental buildings for municipal elections, thereby denying them their right to full participation in the democratic process."

11.       Apart from any election related matters, Council establish the position of Independent Counsel to:

a.         provide independent advice and legal support to Members of Council on matters related to their role as elected officials;

b.         represent council and councillors with respect to their rights and positions as elected representatives in dealing with the beauraucracy and other orders of government; and

c.         advocate for and defend the rights of Council and its members in matters related to the interpretation of legislation and regulations that pertain to their rights and responsibilities as elected officials.

12.       The City Manager in consultation with the Treasurer, prepare an interim plan for establishing the Office of  Independent Counsel for consideration of Council at its February meeting, such plan to include:

a.         staffing;

b.         budget; and

c.         accommodation,

with a view to having this office up and running by May, 2010.

13.       Funds for the establishment of this office be taken from various legal and other related reserve funds until such time as a budget is prepared to cover subsequent years operation of this office."