Item - 2012.CC27.13
Tracking Status
- City Council adopted this item on October 30, 2012 with amendments.
CC27.13 - Appointment of the Toronto Ombudsman
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on October 30, 31 and November 1, 2012, adopted the following:
1. Subject to the City Manager negotiating an agreement with the Ombudsman by November 16, 2012 to extend the term of her appointment on the same terms and conditions, City Council hereby extend the Ombudsman's appointment to November 16, 2015.
Confidential Attachment 1 to the report (October 22, 2012) from the City Manager remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains personal information about an identifiable person and pertains to labour relations or employee negotiations.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in closed session on October 30, 2012, and considered confidential information on this Item as relates to personal matters about an identifiable individual, labour relations or employee negotiations and the receiving of advice that is subject to solicitor-client privilege.
Confidential Attachment - Personal matters about an identifiable individual and labour relations or employee negotiations and contains advice that is subject to solicitor-client privilege
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-51458.pdf
Communications (City Council)
(October 29, 2012) E-mail from Laura Bradbury (CC.New.CC27.13.2)
(October 30, 2012) E-mail from Kevin Allis (CC.New.CC27.13.3)
Motions (City Council)
October 30, 2012 - 5:21 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of CC27.13 - Appointment of the Toronto Ombudsman. No motions were moved during the closed session. Council would now proceed with the public debate on the Item.
That subject to the City Manager negotiating an agreement with the Ombudsman by November 16, 2012 to extend the term of her appointment on the same terms and conditions, City Council hereby extend the Ombudsman's appointment to November 16, 2015.
Vote (Amend Item) Oct-30-2012 6:56 PM
| Result: Carried | Two-Thirds full Council Required - CC27.13 - Mayor Ford - motion 1 |
|---|---|
| Total members that voted Yes: 41 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Giorgio Mammoliti, Gord Perks, David Shiner |
| Total members that were Absent: 1 | Members that were absent are Gloria Lindsay Luby |
That City Council direct the City Manager to report directly to Council by December 31, 2013 with an overview of the current appointment process for the City's accountability officers, including options for term limits, selection and financial reporting.
That motion 2 by Councillor Fletcher be withdrawn.
Vote (Withdraw a Motion) Oct-30-2012
| Result: Carried | Majority Required - CC27.13 - Fletcher - Withdraw motion 2 |
|---|---|
| Total members that voted Yes: 41 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Mike Del Grande, Denzil Minnan-Wong, David Shiner |
| Total members that were Absent: 1 | Members that were absent are Gloria Lindsay Luby |
That City Council direct the City Manager to report to the Executive Committee on any opportunities to achieve efficiencies in the operations of our accountability offices and still meet our legislative requirements.
Vote (Amend Item (Additional)) Oct-30-2012 6:57 PM
| Result: Lost | Majority Required - CC27.13 Holyday - motion 3 |
|---|---|
| Total members that voted Yes: 19 | Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Chin Lee, Giorgio Mammoliti, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, David Shiner, Karen Stintz, Michael Thompson |
| Total members that voted No: 25 | Members that voted No are Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Mike Layton, Josh Matlow, Pam McConnell, Joe Mihevc, Peter Milczyn, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that were Absent: 1 | Members that were absent are Gloria Lindsay Luby |
That motion 2 by Councillor Fletcher be amended by adding the words "such report to address the merits of establishing a new special Committee of Council to:
1. consider the reports of the City's Integrity Commissioner, Lobbyist Registrar and Ombudsman; such Committee to report directly to City Council on policy matters and investigation reports; and
2. consider the expenses and budgets of the City's Integrity Commissioner, Lobbyist Registrar and Ombudsman, for recommendation to the Budget Committee."
That:
1. City Council re-appoint Fiona Crean as the Toronto Ombudsman for an additional five (5) year non-renewable term effective November 17, 2013 and terminating November 17, 2018 with remuneration to continue in the current range and subject to the successful negotiation of an Employment Agreement.
2. City Council authorize the City Manager to negotiate an Employment Agreement with the Toronto Ombudsman and to execute any related documents as necessary.
3. In the event that the City Manager and the Toronto Ombudsman are unable to execute an Employment Agreement governing her re-appointment for a five (5) year non- renewable term by December 31, 2012, City Council request the City Manager to report back to City Council for further direction to ensure compliance with its obligation pursuant to the City of Toronto Act, 2006.
That City Council amend motion 1 by Mayor Ford to add the words "with no further extension" so that the motions now reads:
That subject to the City Manager negotiating an agreement with the Ombudsman by November 16, 2012 to extend the term of her appointment on the same terms and conditions, City Council hereby extend the Ombudsman's appointment to November 16, 2015 with no further extension.
Vote (Amend Motion) Oct-30-2012 6:55 PM
| Result: Lost | Majority Required - CC27.13 - Mammoliti - motion 6 |
|---|---|
| Total members that voted Yes: 2 | Members that voted Yes are Giorgio Mammoliti, David Shiner |
| Total members that voted No: 41 | Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that were Absent: 2 | Members that were absent are Mike Del Grande, Gloria Lindsay Luby |
Vote (Adopt Item as Amended) Oct-30-2012 6:58 PM
| Result: Carried | Two-Thirds full Council Required - CC27.13 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 41 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan |
| Total members that voted No: 3 | Members that voted No are Mike Del Grande, Giorgio Mammoliti, Kristyn Wong-Tam |
| Total members that were Absent: 1 | Members that were absent are Gloria Lindsay Luby |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item CC27.13 and take the vote immediately.
Vote (End Debate) Oct-30-2012 5:36 PM
| Result: Lost | Two-Thirds Required - CC27.13 - End debate |
|---|---|
| Total members that voted Yes: 25 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Josh Colle, Gary Crawford, Vincent Crisanti, Frank Di Giorgio, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson, Karen Stintz, Michael Thompson |
| Total members that voted No: 17 | Members that voted No are Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Doug Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, John Parker, Gord Perks, Anthony Perruzza, David Shiner, Adam Vaughan |
| Total members that were Absent: 3 | Members that were absent are Gloria Lindsay Luby, James Pasternak, Kristyn Wong-Tam |