Item - 2019.AU4.2

During the review of the Order Paper on October 29, 2019, City Council adopted a procedural motion to remove this Item from the jurisdiction of the Audit Committee and bring it forward for consideration by City Council.

City Council recessed its public session and met as Committee of the Whole in closed session on October 30, 2019 to consider confidential information on this Item as it pertains the security of property belonging to the City of Toronto, personal matters about an identifiable person and litigation or potential litigation that affects the City of Toronto.

The Audit Committee recommends that:

1. City Council adopt the confidential recommendation contained in Confidential Attachment 1 to the report (October 7, 2019) from the Auditor General.

2. City Council request the City Manager to include in performance appraisals of managers and supervisory staff an evaluation of whether they are giving accurate and timely feedback to staff who are not meeting expectations.

3. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (October 7, 2019) from the Auditor General remain confidential in its entirety, as it contains personal identifiable information.

The Audit Committee recessed its public session and met in closed session to consider confidential information on this Item as it relates to:

- the security of property belonging to the City of Toronto;

- personal matters about an identifiable individual; and

- litigation or potential litigation that affects the City of Toronto.

This report provides the results of an extensive investigation into an allegation of reprisal from a former City of Toronto employee whose position was terminated. The former employee alleged their position was terminated because they previously made a wrongdoing complaint and another reprisal complaint.

The Auditor General's Office (AGO) has the responsibility to investigate reprisal, in coordination with the City Manager's Office. Reprisal investigations are complex. Termination is one of the most severe types of reprisal, and therefore the Auditor General initiated an investigation into the allegations.

The investigation involved the review of hundreds of documents, emails, text messages, and Briefing Notes related to the case. The AGO also interviewed eight current or former staff members, some more than once, who had direct or indirect knowledge and/or involvement in the employee's termination. The employee whose employment was terminated was also interviewed.

The Auditor General has concluded that there is not sufficient evidence to support the allegation of reprisal. However, there are lessons learned. This report is being issued to communicate important lessons and to assure City employees, City Council, senior management, and the public know that all reprisal allegations are taken very seriously and are investigated to the fullest extent.