Item - 2018.CC45.1

That City Council authorize the immediate public release of Confidential Attachment 1 to the report (August 15, 2018) from the City Solicitor and Confidential Attachment 1 to the supplementary report (August 17, 2018) from the City Solicitor.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on Councillor Shiner's motion to release the confidential attachments to the reports from the City Solicitor.

August 20, 2018 at 12:29 p.m. - Speaker Nunziata advised that City Council had started but not completed its its closed session consideration of Item CC45.1 headed "Legal options to challenge Bill 5, the Better Local Government Act, 2018".  No motions were made in closed session. 

August 20, 2018 at 3:20 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item CC45.1 headed "Legal options to challenge Bill 5, the Better Local Government Act, 2018".  No motions were made in closed session.  City Council would now proceed with the public debate on the Item.

That:

1.  City Council instruct the City Solicitor:

a. to commence an application to challenge the legality of Bill 5, the Better Local Government Act, 2018;

b. to respond to any proceeding to which the City is named as a party in a manner that supports Council's decision to challenge Bill 5 and to seek status as a party in any other proceeding that in the opinion of the City Solicitor, in consultation with the City Manager, would support Council's decision to challenge Bill 5;

c. to take any further steps necessary consistent with these instructions, in consultation with the City Manager; and

d. to exhaust all legal avenues, including the appeal of any judicial ruling(s).

2.  City Council direct the City Solicitor, in consultation with the City Clerk, to seek a postponement of Toronto's municipal election should it be deemed necessary to carry out Part 1.a. above.

That:

1.  City Council direct the City Clerk to prepare to administer a 47 Ward election concurrently with preparation for a 25 Ward election until the City Solicitor determines all legal avenues have been exhausted.

2.  City Council authorize the City Manager to provide the City Clerk with the necessary resources to carry out Part 1 above.

That City Council instruct the City Solicitor:

a. to take no action to challenge Bill 5, the Better Local Government Act, 2018; and

b. to take no position in any proceeding to which the City is named as a party other than to provide assistance as a friend to the court and to not seek party status in any proceeding that does not name the City as a party but to act as a friend of the court if deemed appropriate by the City Solicitor in consultation with the City Manager.

That City Council delete Recommendation 2

Recommendation to be deleted:

2. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege and is about litigation or potential litigation that affects the City of Toronto.
 

and adopt instead the following new recommendation:

2. City Council authorize the public release of Confidential Attachment 1 to the report (August 15, 2018) from the City Solicitor and Confidential Attachment 1 to the supplementary report (August 17, 2018) from the City Solicitor. 

That in addition to any legal strategies, City Council authorize Members of Council to engage their constituents in response to the impacts of the legislation until September 7, 2018 and, despite the existing office expense policies, authorize the City Clerk to pay Members' expenses from their office budgets for communications and urgent community meetings on this topic.

 That City Council permit City of Toronto Councillor Office staff affected by Bill 5 to:

a. apply to City of Toronto internal job postings until November 30, 2019;

b. sign the Severance Release form for up to 12 months after the staff has been terminated; and

c. be rehired once the severance period has expired and that, in order to be hired before the period has expired, only the prorated portion of the severance would need to be repaid to the City.

Councillor Perks, rising on a Point of Order, stated that in the matter before Council, some of it is public, some of it is private and all of it is entwined.  Councillor Perks further stated that on numerous occasions City Council has begun in public session to allow question of staff to establish the need to go into closed session, then gone into closed session and then come back into public session to continue with information in hand, and asked the Speaker whether Council would proceed on that basis.

Councillor Shiner, rising on a Point of Order, stated that he would not like to go into closed session as the confidential portion of the report to City Council has already been leaked and reported in the media.  Councillor Shiner further stated that the public has the right to understand the legal opinions and the comments given by staff.  Councillor Shiner stated that the confidential portion to the report should be made public and that he would move motion to authorize such a release so that Council would have only one round of questions and the public would understand the advice being given by staff.

Deputy Mayor Minnan-Wong, rising on a Point of Order, stated that he would prefer to consider a motion on whether to make the confidential attachments to the reports public after the closed session is complete and asked the Speaker whether a motion to operationalize that could be considered once Council had completed the closed session.

Deputy Mayor Minnan-Wong, rising on a Point of Order, stated that he understands that if the motion by Councillor Shiner fails, another motion to authorize the public release of the confidential attachments could not be placed.

Councillor Mammoliti, rising on a Point of Privilege, stated that the City Solicitor indicated that she did not have the information to respond to Councillor Di Ciano's question on whether Etobicoke York wards were consulted and pointed to a recommendation that was passed unanimously by the Etobicoke York Community Council asking for consultation.

Councillor Mammoliti, rising on a Point of Privilege, stated that the City Solicitor indicated that she did not have the information to respond to Councillor Di Ciano's question on whether Etobicoke York Wards were consulted.  Councillor Mammoliti further stated that the Etobicoke York Community Council had requested consultation on the Ward Boundary Review however, Councillor Carroll moved a motion at City Council that objected to the consultation.

Councillor Thompson, rising on a Point of Order, stated that he would like the Speaker to clarify how it is possible for Councillor Matlow to challenge the Speaker on her ruling motion 1b by Councillor Matlow out of order when the City Clerk is carrying out her duties in accordance with the legislation.

Councillor Wong-Tam, rising on a Point of Privilege, stated that last week Councillor Mammoliti made disparaging remarks about the residents of the Jane and Finch community and asked that Councillor Mammoliti apologize for those remarks.

Councillor Mammoliti, rising on a Point of Privilege, stated that his comments were referring to gangs and drug dealers in the Toronto Community Housing community and did not call any one community any names.  Councillor Mammoliti further stated that Councillor Wong-Tam should apologize to him for making those assumptions.