Item - 2019.CC9.6

Tracking Status

  • City Council adopted this item on July 16, 2019 with amendments.

CC9.6 - Council direction regarding payment of legal fees related to a Code of Conduct Investigation

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 16, 17 and 18, 2019 adopted the following:  

 

1.  City Council direct that no further legal costs be covered for the former Councillor related to this matter.

 

2.  City Council request the City Clerk to report to City Council on the appropriateness of the $20,000 legal fee limit and on the possibility of a mechanism which enables Members of Council seeking reimbursement of fees over the limit to obtain pre-approval from Council once there is a prospect of high fees.

Background Information (City Council)

(July 9, 2019) Report from the City Clerk on Council direction regarding payment of legal fees related to a Code of Conduct Investigation (CC9.6)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-135721.pdf
Attachment 1 - Letter dated June 27, 2019 from Gardiner Roberts re: Claim for Reimbursement of Legal Fees
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-135722.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor John Filion (Carried)

That City Council direct that no further legal costs be covered for the former Councillor related to this matter.

Vote (Amend Item) Jul-18-2019 5:48 PM

Result: Carried Majority Required - CC9.6 - Filion - motion 1
Total members that voted Yes: 14 Members that voted Yes are Paul Ainslie, Ana Bailão, Shelley Carroll, Gary Crawford, Joe Cressy, John Filion, Cynthia Lai, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Jaye Robinson, John Tory
Total members that voted No: 5 Members that voted No are Mark Grimes, Stephen Holyday, Jim Karygiannis, Josh Matlow, Anthony Perruzza
Total members that were Absent: 7 Members that were absent are Brad Bradford, Mike Colle, Paula Fletcher, Michael Ford, James Pasternak, Michael Thompson, Kristyn Wong-Tam

2a - Motion to Amend Item (Additional) moved by Councillor Stephen Holyday (Carried)

That City Council request the City Clerk to report to City Council on the appropriateness of the $20,000 legal fee limit and on the possibility of a mechanism which enables Members of Council seeking reimbursement of fees over the limit to obtain pre-approval from Council once there is a prospect of high fees.

Vote (Amend Item (Additional)) Jul-18-2019 5:49 PM

Result: Carried Majority Required - CC9.6 - Holyday - motion 2a
Total members that voted Yes: 16 Members that voted Yes are Paul Ainslie, Ana Bailão, Gary Crawford, Joe Cressy, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Anthony Perruzza, Jaye Robinson, John Tory
Total members that voted No: 3 Members that voted No are Shelley Carroll, John Filion, Gord Perks
Total members that were Absent: 7 Members that were absent are Brad Bradford, Mike Colle, Paula Fletcher, Michael Ford, James Pasternak, Michael Thompson, Kristyn Wong-Tam

2b - Motion to Amend Item moved by Councillor Stephen Holyday (Withdrawn)

That City Council authorize the payment of legal fees above the $20,000 limit in the amount of $25,269.24, as outlined in the letter (June 27, 2019) from Gardiner Roberts and City Council direct that no further invoices related to this matter be reimbursed.


Motion to Withdraw a Motion moved by Councillor Stephen Holyday (Carried)

That Councillor Holyday be permitted to withdraw his motion 2b.


Point of Order by Councillor Shelley Carroll

Councillor Carroll, rising on a Point of Order, stated that it is absolutely crucial that Council knows what it's voting on. Councillor Carroll further stated that some in Council believe they are voting on a total of twenty-five thousand dollars, and some in Council believe that they are voting on a total of forty-five thousand dollars, and that must be clarified before Council votes.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and clarified that the City has paid twenty thousand dollars and the request is for twenty thousand more, for a total of forty-five thousand dollars. Speaker Nunziata invited Wendy Walberg, City Solicitor, to address Council on the matter. The City Solicitor confirmed these amounts.


Point of Order by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Order, asked if the matter could be deferred, as the amount of forty-five thousand dollars is different from what he reads in the motion.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Holyday could not move deferral of the Item as he had already spoken to the matter.


Point of Order by Mayor John Tory

Mayor Tory, rising on a Point of Order, stated that his comments were based on the same understanding as Councillor Holyday's.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the City Clerk to clarify the amounts under consideration. The City Clerk advised Council that of the three options in the report, the two motions before Council are option a, not to pay any additional costs, and option b, to pay the additional twenty-five thousand dollars, above the twenty thousand already paid, and pay nothing further.

Source: Toronto City Clerk at www.toronto.ca/council