HomeMy WebLinkAboutMinutes - May 18, 2011 Election Compliance Audit Committee
Citq 00 2010 Election Compliance
Audit Committee
PIO<IE Meeting Minutes
Wednesday, May 18, 2011
6:00 pm - Council Chambers
Chair: Paul Jones
Present:
Joseph Brown
Donald Hudson
Paul Jones
Also Present:
Debbie Shields, City Clerk
John Paul Newman, Clerk I
Renee Michaud, Acting Coordinator, Records & Elections
Debbie Shields, City Clerk, opened the meeting and explained the process to be
followed. The City Clerk called for nominations for a Committee Chair for the 2010
Election Compliance Audit Committee. Joseph Brown nominated Paul Jones to be the
Chair. No other nominations were put forward.
Moved by Joseph Brown
That Paul Jones be the Chair for the 2010 Election Compliance Audit Committee.
Carried
(1) Disclosure of Interest
No disclosures of interest were noted.
(11) Delegations
1. David Steele -Applicant
Filed application regarding Ward Two
Candidate Douq Dickerson's Financial Statement
David Steele. 966 Timmins Garden, Pickering, appeared before the
Committee and stated that the financial statements filed on March 24, 2011,
gave him reasonable grounds to believe that Doug Dickerson, local
Councillor, Ward 2 had contravened a provision of the'Municipal Elections Act
and requested that a compliance audit be carried out.
Mr. Steele stated that his concerns were based on the following:
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2010 Election Compliance
Audit Committee
Meeting Minutes
Wednesday, May 18, 2011
6:00 pm - Council Chambers
Chair: Paul Jones
a) Form 4 - declaration of non-exempted expenses in excess of the
allowable amount established by the City Clerk.
b) The candidate failed to declare any inventory of signs from two previous
elections, which were used during the 2010 election.
c) The amount of dollars declared for a voting day appreciation party appears
excessive and requires further clarification.
d) The candidate claims to have raised $39,111 in addition to the surplus of
$10,593.05 returned from the 2006 Election for an election that was limited
to $19,154.20 and report a deficit of ($1,014.00). This does not appear
reasonable and requires further clarification.
Mr. Steele provided a list of area candidate's financial statements for the
Committee to review as a comparison to Mr. Dickerson's financial statement.
Mr. Steele noted that he had called the Ministry of Municipal Affairs and
Housing to clarify information on the maximum campaign limit and was told
that the limit is the limit, and no one should exceed it.
Mr. Steele requests that the Audit Compliance Committee further investigate
the excessive expenses reported for the voting day party. He felt that
information should be provided on where the voting day party was held and a
detailed listing of expenses.
Mr. Steele also noted that in reviewing websites from surrounding
municipalities, no other candidates in the 2010 municipal election reported
such expenses and noted that the Mayor of Pickering's expenses for the
voting day party were approximately $4,000.
Mr. Steele requested that a complete audit of all expenses listed in the
financial statement be completed as per the requirements of the Municipal
Elections Act.
Mr. Steele provided copies of his presentation to the Chair of the Committee.
Members of the Committee asked questions of Mr. Steele for clarification
purposes.
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citli off! _ 2010 Election Compliance
Audit Committee
Meeting Minutes
Wednesday, May 18, 2011
6:00 pm - Council Chambers
Chair: Paul Jones
2. Ian Cumming -Applicant
Filed application regarding Ward Two
Candidate Doug Dickerson's Financial Statement
Ian Cumming, 1899 Fairport Road, Pickering, appeared before the Committee
and noted that he is a resident of Ward 2, and also ran in the last election as a
candidate for Ward 2 against Mr. Dickerson. He noted that he filed an
application for a Compliance Audit on May 4, 2011, requesting that the
committee undertake an audit into the financial statements filed by Mr. Doug
Dickerson as his election expenses appear to be in excess of the limit stated
by the Clerk.
The 2011 Election manual states that if a candidate inadvertently, after due
diligence, is in fact in contravention of the act due to exceeding his spending
limits, then a complete audit must be conducted. He stated that the total
expenses reported in Box C are $33,331, which is $14,176.80, or 74%, over
the voting ward limit.
Mr. Cumming stated that the financial statements of one hundred and nine
candidates running in the election as either Mayor, Regional Council, or City
Council in Durham Region were examined and none of them exceeded their
spending limit. In the majority of cases, candidates were substantially below
the spending limit supplied by the Clerk.
Mr. Cumming also stated he was concerned with the voting day party/
appreciation notices, where the funds declared ($16,094.00), seem out of
kilter for a City ward and almost three times that spent by the elected Mayor of
the City of Pickering. He also stated that he had been informed that Mr.
Dickerson did not have a campaign party and that Mr. Dickerson was at the
same party as Mayor Ryan. Mr., Cumming stated that Mr. Dickerson's voting
day party went from $9,976 in 2006 to over $16,000 in 2010.
Mr. Cumming stated that expenses were his main issue of concern but noted
that the number of signs reported in the financial statement seemed low and
noted that no previous election signs from 2006 were noted. He stated that
based on his recollection it seemed like Mr. Dickerson had signs all over and
felt the cost reported was insufficient.
Mr. Cumming stated that he feels strongly that a compliance audit is the best
way to proceed before going to judicial review.
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cis 2010 Election Compliance
F:T839'-1tr I~.
Audit Committee
Meeting Minutes
Wednesday, May 18, 2011
6:00 pm - Council Chambers
Chair: Paul Jones
Mr. Cumming provided financial statements for other candidates so the
Committee could compare them to Mr. Dickerson's.
Members of the Committee asked questions of Mr. Cumming for clarification
purposes.
3. Jolanta Duszak -Applicant
Filed application regarding Ward Two
Candidate Doug Dickerson's Financial Statement
Jolanta Duszak, 1143 Gloucester Square, Pickering, appeared before the
Committee and stated that she recently got more involved in Pickering politics
due to problems with accountability within the City and at the Regional level.
She noted that she decided to review the municipal election financial
statements for all municipal candidates and noticed that Doug Dickerson was
the only one over the limit. As a concerned resident, she is requesting that
an audit be conducted into his financial statement to determine if the
expenses were legitimate.
4. Doug Dickerson
Candidate Ward Two
Doug Dickerson and Marshall Green, Solicitor, appeared before the
Committee and noted that the Municipal Elections Act is subject to
interpretation. Mr. Green stated that the limit for expenses is determined by
the Clerk but there is considerable ambiguity in reporting on the financial
statement form. He noted the Municipal Elections Act lacks detail with
genuine,implications and noted that these are the statements that are being
challenged.
Mr. Green stated that the act requires that all candidates file audited financial
statements by a certain date. He stated that the Auditor for Mr. Dickerson
placed $14,176.80 in Box C of the Form 4 which once transferred to the front
of the form showed Mr. Dickerson over his spending limit. Mr. Dickerson
noted that he felt the Auditor put.the expenses in the wrong section and if they
had been placed in a different area he would not have been over his spending
limit.
Mr. Green noted that Section 76.2 prohibits any expense outside of the
election campaign period, which starts on the day the candidate files a
nomination and ends on December 31 of the election year. Section 76.4
states that the spending limit goes from the day the candidate files a
nomination form to voting day and noted that Mr. Dickerson did not go over
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citq vo 2010 Election Compliance
Audit Committee
Meeting Minutes
Wednesday, May 18, 2011
6:00 pm - Council Chambers
Chair: Paul Jones
his spending limit before Election Day, Mr, Dickerson incurred the expenses in
question after Election Day.
Mr. Green also noted that Section 67.2, paragraph 6, reads that the cost of
the voting day party held after Election Day is not to be included as an
expense. Mr. Green stated that Mr. Dickerson's auditor filed the financial
statements based on his best interpretation of the Municipal Elections Act.
Mr. Green also noted that Mr. Dickerson did miss reporting on 43 signs from a
previous election that he used in 2010 which had a total value of $728.25 and
noted that he would still be under the spending limit when these signs are
added.
Mr. Green stated that the ambiguity of the Act and the changes to this
legislation which were approved for the 2010 Election may have very serious
consequences for Mr. Dickerson, including legal expenses or possible
removal from office. Mr. Green recommended that the committee dismiss the
applicants' complaints and not pursue with an audit due to the ambiguity in the
act.
Councillor Dickerson stated that he did not set out with malicious intent when
he filed his financial statement with his auditor; he feels that the Municipal
Elections Act is not clear.
Members of the Committee asked questions of Mr. Dickerson for clarification
purposes.
(III) Matters for Consideration
1. Application for Compliance Audit on
Doug Dickerson -Ward Two Candidate
Financial Statement
Submitted by David Steele
2. Application for Compliance Audit on
Doug Dickerson -Ward Two Candidate
Financial Statement
Submitted by Ian Cumming
3. Application for Compliance Audit on
Doug Dickerson -Ward Two Candidate
Financial Statement
Submitted by Jolanta Duszak
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cit °q 2010 Election Compliance
R=`Audit Committee
PICKE Meeting Minutes
Wednesday, May 18, 2011
6:00 pm - Council Chambers
Chair: Paul Jones
Moved by Joseph Brown
1. That the request for a Compliance Audit review of-Doug Dickerson's 2010
Election Finance Statement by David Steele, Ian Cumming and Jolanta Duszak
be granted; and
2. That the 2010 Election Compliance Audit Committee meet next week on the
appointment of an Auditor.
Carried
(IV) Adjournment
The meeting adjourned at 8:05 pm.
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