Loading...
HomeMy WebLinkAboutMinutes - July 18 2012 - 2010 Election Compliance Audit Committee Minutes 2010 Election Compliance Audit Committee A Meeting Minutes Wednesday, July 18, 2012 3:00 pm – Clerk’s Boardroom Chair: Paul Jones 1 Present: Joseph Brown Donald Hudson Paul Jones Also Present: J. Johnson, Solicitor L. Harker, Recording Secretary Paul Jones, Chair, called the meeting to order. (I) Disclosure of Interest No disclosures of interest were noted. (II) Adoption of Minutes 1. 2010 Election Compliance Audit Committee Minutes Dated July 5, 2012 Moved by Joseph Brown That the 2010 Election Compliance Audit Committee Minutes Dated July 5, 2012 be adopted. Carried (III) Matters for Consideration In accordance with Procedural By-law 7212/12 and the provisions of the Municipal Act, an In Camera meeting of Committee was held prior to the regularly scheduled meeting. Moved by Donald Hudson 2010 Election Compliance Audit Committee A Meeting Minutes Wednesday, July 18, 2012 3:00 pm – Clerk’s Boardroom Chair: Paul Jones 2 That Committee move In Camera in accordance with the provisions of the Municipal Act and Procedural By-law 7212/12, in that the matters to be discussed relate to personal matters about an identifiable individual and litigation or potential litigation. Carried 1. 2010 Election Compliance Audit Committee The Election Compliance Audit Committee met to discuss the candidates for special prosecutors. Jody Johnson was not present during this closed portion of the meeting. Moved by Donald Hudson That the Committee rise from this In Camera session. Carried into Open Session Municipal Election Compliance Audit of the Campaign Finances of Candidate Doug Dickerson Moved by Joseph Brown 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 2010 Election Compliance Audit Committee A Meeting Minutes Wednesday, July 18, 2012 3:00 pm – Clerk’s Boardroom Chair: Paul Jones 3 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; AND WHEREAS on June 6, 2012, the Compliance Audit Committee hereby determined to commence a legal proceeding against Doug Dickerson, Ward 2, for the apparent contraventions; NOW THEREFORE THE COMPLIANCE AUDIT COMMITTEE OF THE CITY OF PICKERING RESOLVES AS FOLLOWS: THAT the 2010 Election Compliance Audit Committee for the City of Pickering institute the laying of charges against Doug Dickerson, Ward 2, under the Municipal Elections Act, 1996; THAT David Reiter, Aird & Berlis LLP, be retained to conduct the prosecutions and to proceed in a timely manner; THAT the charges to be laid shall be those for which reasonable and probable grounds exist for believing that an offence has been committed, as may be determined in the legal opinion of David Reiter, Aird & Berlis LLP; and THAT the retainer includes instructions that David Reiter, Aird & Berlis LLP, has the authority, in his sole discretion: a. To withdraw any charge, or charges, against Doug Dickerson, Ward 2 if, in his opinion, the available evidence in respect of a charge or charges does not provide a reasonable likelihood of obtaining a conviction; and b. To conduct any pre-trial or trial proceedings necessary, and to summon such witnesses as may be required including, if necessary, the retaining of experts to appear as witnesses; and c. To enter into negotiations with respect to the charges for the purposes of establishing an agreed statement of facts, a plea bargain and/or a joint submission to the Court in respect of penalty; and d. To enter into a binding plea bargain agreement; and 2010 Election Compliance Audit Committee A Meeting Minutes Wednesday, July 18, 2012 3:00 pm – Clerk’s Boardroom Chair: Paul Jones 4 e. To establish what penalty to seek from the Court upon a conviction; and f. To provide regular status updates to the City Clerk and the Compliance Audit Committee for their information. Carried (IV) Adjournment Moved by Joseph Brown The meeting adjourned at 3:25 pm.