Loading...
HomeMy WebLinkAboutMinutes - June 6 2012 - 2010 Election Compliance Audit Committee Minutes FINAL2010 Election Compliance Audit Committee Meeting Minutes Wednesday, June 6, 2012 7:00 pm - Council Chambers Chair: Paul Jones Present: Joseph Brown Donald Hudson Paul Jones Also Present: T. Prevedel, Chief Administrative Officer D. Shields, City Clerk J. Johnson, Solicitor W. Molson, Chartered Accountant B. Nayman, Chartered Accountant K. Stoddart, Recording Secretary Paul Jones, Chair, called the meeting to order. (I) Disclosure of Interest No disclosures of interest were noted. (11) Adoption of Minutes 1. 2010 Election Compliance Audit Committee Minutes Dated May 26, 2011 Moved by Joseph Brown That the 2010 Election Compliance Audit Committee Minutes Dated May 26, 2011 be adopted. Carried (111) Opening Statements by the Chair The Chair made opening statements and discussed the process of the meeting. 1 2010 Election Compliance Audit Committee Meeting Minutes Wednesday, June 6, 2012 7:00 pm - Council Chambers Chair: Paul Jones (IV) Presentations 1. Jody E. Johnson, Aird & Berlis LLP Compliance Audit — Audit Process Jody Johnson, Solicitor, Aird & Berlis, appeared before the Committee to give a presentation regarding the Compliance Audit process and the Compliance Audit Committee's role. She discussed the Municipal Elections Act and its changes regarding the creation of Compliance Audit Committee's in order to keep the Election Compliance Audit process independent from Council. She stated that no staff member or Council member may sit on a Compliance Audit Committee and that the Compliance Audit Committee is appointed prior to an election. She further explained that an earlier dated appeal, to the request for an Audit by the Compliance Audit Committee was upheld by the Ontario Court of Justice. She noted that the Compliance Audit Committee has reviewed the Audit report and would have two choices this evening on how to move forward. The Compliance Audit Committee could commence legal proceeding regarding the contraventions with the Audit Report or make a finding for reasonable grounds for the request for an audit and not commence with legal proceedings. She also noted that the Compliance Audit Committee does not have the authority to impose penalties. Jody Johnson discussed the elections campaign process and guidelines, reviewed the five part process for reviewing the financial statements of a candidate and explained that the Compliance Audit Committee for the City of Pickering sits tonight to hear from the delegates and consider the nature of the findings in the compliance audit report. The Committee members may ask questions of any person appearing before it and the Committee must make a decision and cannot defer their obligation. 2. William Molson CA and Bernard Nayman CA Auditors Report - Municipal Election Compliance Audit of the Campaign Finances of Candidate Doug Dickerson Paul Jones, Chair of the Compliance Audit Committee, introduced the two Chartered Accountants that conducted the Audit. Mr. Jones noted that Mr. Molson was approved unanimously by the Compliance Audit Committee as a licensed CA assisting Mr. Nayman. 2 2010 Election Compliance Audit Committee Meeting Minutes Wednesday, June 6, 2012 7:00 pm - Council Chambers Chair: Paul Jones William Molson and Bernard Nayman, Chartered Accountants appeared before the Committee and gave a brief overview of the Audit Report and process. Mr. Molson briefed the audience on four points within the report that provide assurance to the Audit Committee that threshold requirements of the Act and the Canadian Auditor Standards had been met. Mr. Molson and Mr. Nayman summarized the process followed during the Audit and briefly outlined the contraventions reported. A question and answered period ensued. (V) Delegations 1. Ian Cumming — Applicant 1899 Fairport Road, Pickering lan Cumming, 1899 Fairport Road, Pickering, appeared before the Committee and read a brief statement, which he submitted to the City Clerk for the record. Mr. Cumming stated that he felt the audit report was well done and thanked the Auditors for their hard work. He also noted that the report was fact based and noted numerous contraventions. Mr. Cumming felt that Councillor Dickerson should step down from his positions as Acting Mayor and Chair of Veridian Corporation until this was resolved. A brief question and answered period ensued. The Chair called a recess for 10 minutes. 2. David Steele — Applicant 966 Timmins Garden, Pickering David Steele, 966 Timmins Garden, Pickering, appeared before the Committee and read a brief statement, which he submitted to the City Clerk for the record. Mr. Steele noted that the Auditor's Report clearly states contraventions to the Municipal Elections Act and felt that the Compliance Audit Committee should proceed with prosecution. A brief question and answered period ensued. 3. Jolanta Duszak — Applicant 1143 Gloucester Square, Pickering 3 2010 Election Compliance Audit Committee Meeting Minutes Wednesday, June 6, 2012 7:00 pm - Council Chambers Chair: Paul Jones Jolanta Duszak, 1143 Gloucester Square, Pickering, appeared before the Committee. She stated that she had not planned on speaking and felt she had nothing further to add that the previous delegations had not already stated. She noted her surprise that Mr. Dickerson was still sitting on Council and stated he should be removed and also stated he should pay for the audit, not the taxpayers of Pickering. A brief question and answered period ensued. 4. Doug Dickerson Candidate Ward Two Doug Dickerson and Marshall Green, Solicitor, appeared before the Committee. Marshall Green, Solicitor, spoke on behalf of Doug Dickerson and submitted his speaking notes to the City Clerk for the record. He addressed his concern on the process of the audit, clarity within the Act of what are or are not allowable expenses and what were considered pre and post election expenses. He stated that post election expressions of appreciation are an allowable expense. The phrase is not defined anywhere and no limit is imposed on this item. He stated that the alcohol purchased was for a Victory barbeque later in the year and noted that this did not happen due to the applications being filed. He stated that the alcohol could be returned for cash and handed over to the Clerk if the Committee felt that was appropriate. Councillor Dickerson briefly addressed the Committee with a personal statement and also continues to note that he feels the Municipal Elections Act is fraught with inconsistencies and vagueness. Councillor Dickerson stated he would be submitting his statement to the City Clerk for the record. A question and answer period ensued. Jody Johnson, Solicitor advised the Compliance Audit Committee that it was correct in their understanding that it could commence legal proceedings but, as to what is within the scope of the legal proceedings, the Committee did not have to decide at this meeting. She stated that at this meeting a decision must be made to either proceed or not proceed with legal proceedings. She also stated that it was not up to the Compliance Audit Committee to impose penalty or make determination of penalty. 4 2010 Election Compliance Audit Committee Meeting Minutes Wednesday, June 6, 2012 7:00 pm - Council Chambers Chair: Paul Jones The Chair called a 10 minute recess. (VI) Matters for Consideration 1. Municipal Election Compliance Audit of the Campaign Finances of Candidate Doug Dickerson Moved by Donald Hudson WHEREAS the Compliance Audit Committee has considered the Auditor's Report and its findings of apparent contravention of the campaign finance provisions of Municipal Elections Act, 1996; AND WHEREAS the Compliance Audit Committee has been mindful of the overall public interest by giving due consideration to the need for general deterrence with respect to campaign finance issues and the need for this candidate to be deterred from possible future contraventions of the Municipal Elections Act, 1996 with consideration given to whether this candidate deliberately violated the Municipal Elections Act, 1996 or whether any contraventions were through inadvertence only; AND WHEREAS the Compliance Audit Committee has considered the overall public interest by giving due consideration to whether the contraventions reported by the Compliance Auditor are substantive or technical in nature; AND WHEREAS the Compliance Audit Committee has considered whether it is feasible to commence legal proceedings considering the additional taxpayer money involved in the process and time involved with prosecution and the undetermined outcome; AND WHEREAS the Compliance Audit Committee has considered all of the above matters and assessed whether the overall public interest has been served in relationship to achieving final compliance with the campaign finance provisions of the Municipal Elections Act, 1996 and whether the overall public interest of the compliance audit process has been met; NOW THEREFORE the Compliance Audit Committee hereby finds there were reasonable grounds for the applications for a compliance audit of Doug Dickerson's election campaign finances; 5 2010 Election Compliance Audit Committee Meeting Minutes Wednesday, June 6, 2012 7:00 pm - Council Chambers Chair: Paul Jones AND THEREFORE given the conclusion for the Auditor's report of apparent contraventions of provisions of the Municipal Elections Act, 1996 relating to election campaign finances for Doug Dickerson, Ward 2, the Compliance Audit Committee hereby determines to commence a legal proceeding against the candidate for the apparent contraventions and directs Jody Johnson to proceed accordingly. (VII) Adjournment Moved by Joseph Brown The meeting adjourned at 9:54 pm. 6 Carried