Item - 2013.EA12.1

Tracking Status

This item was considered by Compliance Audit Committee on February 4, 2013 and was adopted with amendments.

EA12.1 - Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti

Decision Type:: ACTION

Status:: Amended

Wards:: All

Statutory - Municipal Elections Act, SO 1996

Committee Decision

The Compliance Audit Committee:

1. Commenced legal proceedings against Giorgio Mammoliti for the apparent contraventions of the Municipal Elections Act outlined in the auditor's report.

2. Directed the City Clerk to work with the appropriate City staff and counsel to implement this decision.

3. Directed the City Solicitor, should she deem it appropriate, to retain external legal counsel for the purpose of the legal proceeding, with the counsel to have all of the usual power and authority of a prosecutor.

Decision Advice and Other Information

Bruce Armstrong, Managing Director, FCA, CFE, Froese Forensic Partners Ltd., gave a presentation to the Compliance Audit Committee on the Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti.

The Committee recessed its public session to meet in closed session from 1:43 p.m. to 1:48 p.m. to consider the Item as it relates to advice that is subject to solicitor-client privilege.

The Committee recessed its public session to meet in closed session from 3:09 p.m. to 3:16 p.m. to consider the Item as it relates to advice that is subject to solicitor-client privilege.

Origin

(January 10, 2013) Report from Froese Forensic Partners Ltd.

Summary

Final Compliance Audit Report dated January 10, 2013 from Froese Forensic Partners Ltd. for the Candidate Giorgio Mammoliti.

Background Information

(January 10, 2013) Report from Froese Forensic Partners Ltd. on Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti
https://www.toronto.ca/legdocs/mmis/2013/ea/bgrd/backgroundfile-55162.pdf
(February 4, 2013) Presentation from Froese Forensic Partners Ltd. titled "City of Toronto - Compliance Audit Report Re: Giorgio Mammoliti"
https://www.toronto.ca/legdocs/mmis/2013/ea/bgrd/backgroundfile-55820.pdf

Communications

(January 30, 2013) Submission from Paul-Erik Veel, Lenczner Slaght Royce Smith Griffin LLP, on behalf of applicant David DePoe (EA.New.EA12.1.1)
(February 1, 2013) Submission from Jack B. Siegel, Blaney McMurtry Barristers and Solicitors LLP on behalf of candidate Giorgio Mammoliti (EA.New.EA12.1.2)
(February 4, 2013) Letter from Keegan Henry-Mathieu (EA.New.EA12.1.3)

Speakers

Paul-Erik Veel, Lenczner Slaght Royce Smith Griffin LLP, on behalf of David DePoe (Submission Filed)
Jack B. Siegel, Blaney McMurtry Barristers and Solicitors LLP, on behalf of Giorgio Mammoliti (Submission Filed)
Morris Manning, Q.C., on behalf of Giorgio Mammoliti

Motions

1 - Motion to Meet in Closed Session moved by Virginia MacLean seconded by John Hollins (Carried)

That the Committee recess its public session to meet in closed session to consider Item EA12.1 Compliance Audit Report for the City of Toronto Re: Giorgio Mammoliti as it relates to advice that is subject to solicitor-client privilege.

2 - Motion to Meet in Closed Session moved by Virginia MacLean seconded by John Hollins (Carried)

3 - Motion to Amend Item moved by Virginia MacLean seconded by John Hollins (Carried)

That the Compliance Audit Committee:

1. Commence legal proceedings against Giorgio Mammoliti for the apparent contraventions of the Municipal Elections Act outlined in the auditor's report.

2. Direct the City Clerk to work with the appropriate City staff and counsel to implement this decision.

3. Direct the City Solicitor, should she deem it appropriate, to retain external legal counsel for the purpose of the legal proceeding, with the counsel to have all of the usual power and authority of a prosecutor.

Rulings

Ruling by Mr. Douglas Colbourne

In response to the request for an adjournment of the meeting by Mr. Siegel on behalf of the Candidate Mammoliti, the Committee did not grant the request and decided to proceed and consider the report at this meeting.