Item - 2012.CC28.1

City Council on November 27, 28 and 29, 2012, adopted the following:

1.         City Council adopt the following recommendations contained in the investigation report (November 20, 2012) from the Ombudsman:

Ombudsman Recommendations

Taking into account the evidence gathered in this investigation, I am making the following recommendations.

1.         That the City improve the service provided to the public under the current court-based process by:

i.          Consulting with Toronto Police Services, Transportation Services and Legal Services to expand and clarify the information that appears on the infraction notice;

ii.         Reviewing the information related to the process for disputing parking tickets that appears on the City website with a view to providing a clearer and more detailed explanation of assistance available through the TAGS line, the email/fax system, and First Appearance Facilities locations;

iii.        Allowing recipients, where possible, to submit issues and concerns for screening via email/fax, telephone, and mail;

iv.        Creating a separate "Parking Ticket Cancellation Guidelines" webpage with an explanation of their function and how they may impact the ticket recipient, i.e., that tickets are cancellable in a number of circumstances, without attendance in court;

v.         Including a reference and link to the Guidelines on the "Disputing your Ticket" webpage;

vi.        Making copies of the Guidelines available at First Appearance Facilities locations;

vii.       Expanding the screening performed at First Appearance Facilities to determine, where appropriate, whether the ticket recipient's issue is one that can be addressed without attending court;

viii.      Proceeding with consideration of the Courier/Delivery parking permit;

ix.        Implementing the Fixed Fine System.

2.         That, if the City continues to take the position that the administrative penalties system may be vulnerable to a court challenge, it request that the Attorney General of Ontario refer the matter to the Ontario Court of Appeal.

3.         That the City report back to me on the status of its implementation of my recommendations by May 1, 2013.

2.         City Council request the Director, Revenue Services to report to the Government Management Committee prior to 2014 on the implementation of the recommendations contained in the report (November 20, 2012) from the Ombudsman.

3.         City Council request the Deputy City Manager and Chief Financial Officer report back to Council, through the Government Management Committee, on the following: 

a.         the break down of the 2.8 million parking tickets issued each year into categories by infraction type ( permit parking, meters/machines) and the revenue from each category;

b.         the effectiveness of the email/fax system by those who have asked to use this dispute mechanism which includes the  number of tickets cancelled, the cost differential if these disputes had gone to court with officers time and options to expand this dispute mechanism to cover other kinds of parking violations e.g. permit parking;

c.         the feasibility and cost of the Toronto Parking Authority enforcing parking infractions for all of their machines and meters, not only those in Green P lots; and

d.         an evaluation of the current customer service standards and if further enhancements are necessary.

4.         City Council direct the Treasurer to clarify on the City's Website the criteria on "grace period" used by the Toronto Police Service Parking Enforcement Unit versus the criteria used by the Parking Ticket First Appearance staff in cancelling a ticket under the City's Parking Ticket Cancellation Guidelines and that the Treasurer consider using a different term in the guidelines to minimize the confusion.

5.          City Council direct that a copy of this Item be forwarded to the Disability Issues Committee and the Toronto Seniors' Forum for feedback to the City Manager.