Item - 2014.CC55.3
Tracking Status
- City Council adopted this item on August 25, 2014 without amendments.
CC55.3 - Violation of Code of Conduct for Members of Council: Councillor Maria Augimeri
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on August 25, 26, 27 and 28, 2014, adopted the following:
1. Council adopt a finding that Councillor Augimeri breached Article XIV of the Code of Conduct.
2. Council adopt the recommendation that no sanction be imposed on Councillor Augimeri.
3. City Council authorize the use of the Council General Expense budget to reimburse the complainant for actual and reasonable costs up to a maximum of $5,000 as provided in s. 11(2) of the Complaint Protocol.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-72911.pdf
Motions (City Council)
That City Council delete CC55.3 Recommendation 2:
Recommendation to be deleted:
2. Council adopt the recommendation that no sanction be imposed on Councillor Augimeri.
And replace it with the following new recommendation:
2. City Council request that Councillor Augimeri pay the legal expenses incurred by the complainant, an amount not to exceed $5,000 as provided for by the Payment of Costs Provisions of the Complaint Protocol and as determined to be reasonable by the City Solicitor.
Vote (Amend Item) Aug-26-2014 12:24 PM
| Result: Lost | Majority Required - CC55.3 - Mayor Ford - motion 1 |
|---|---|
| Total members that voted Yes: 2 | Members that voted Yes are Doug Ford, Rob Ford |
| Total members that voted No: 33 | Members that voted No are Paul Ainslie, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Karen Stintz, Kristyn Wong-Tam |
| Total members that were Absent: 10 | Members that were absent are Maria Augimeri, Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, Paula Fletcher, Giorgio Mammoliti, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson |
Given the findings of the investigation, that City Council direct the City Manager to amend the Complaint Protocol, and related policies, so that where the complainant is successful and the Councillor is found in breach of the Code of Conduct that the Policy require the Councillor to pay the complainant's legal fees directly.
That City Council delete CC55.3 Recommendation 3:
Recommendation to be deleted:
3. City Council authorize the use of the Council General Expense budget to reimburse the complainant for actual and reasonable costs up to a maximum of $5,000 as provided in s. 11(2) of the Complaint Protocol.
And replace it with the following new recommendation:
3. City Council direct that reimbursement to the complainant for actual and reasonable costs up to a maximum of $5,000 as provided in s. 11(2) of the Complaint Protocol, be paid out of Councillor Augimeri's Constituency Services and Office Budget.
Vote (Amend Item) Aug-26-2014 12:25 PM
| Result: Lost | Majority Required - CC55.3 - Minnan-Wong - motion 3 |
|---|---|
| Total members that voted Yes: 2 | Members that voted Yes are Josh Colle, Denzil Minnan-Wong |
| Total members that voted No: 33 | Members that voted No are Paul Ainslie, Ana Bailão, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Karen Stintz, Kristyn Wong-Tam |
| Total members that were Absent: 10 | Members that were absent are Maria Augimeri, Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, Paula Fletcher, Giorgio Mammoliti, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson |
Vote (Adopt Item) Aug-26-2014 12:26 PM
| Result: Carried | Majority Required - CC55.3 - Adopt the item |
|---|---|
| Total members that voted Yes: 30 | Members that voted Yes are Paul Ainslie, Ana Bailão, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Kristyn Wong-Tam |
| Total members that voted No: 4 | Members that voted No are Shelley Carroll, Doug Ford, Rob Ford, Josh Matlow |
| Total members that were Absent: 11 | Members that were absent are Maria Augimeri, Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, Paula Fletcher, Giorgio Mammoliti, Cesar Palacio, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson |
Councillor Perks, rising on a Point of Order, requested Speaker Nunziata to rule Mayor Ford's motion 1 out of order.
Challenged by Councillor Gord Perks
Mayor Rob Ford, rising on a Point of Order, stated that Councillors Shelley Carroll and Kristyn Wong-Tam were not speaking on the matter before Council.
Mayor Ford, rising on a Point of Order, stated that Councillor Parker's questions of Councillor Minnan-Wong, pertaining to taking money out of the budget, were not in order.
Declared Interests (City Council)
Councillor Maria Augimeri - as the Item is about her