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.