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.
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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.
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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
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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.
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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;
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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.
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Carried