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HomeMy WebLinkAboutCLK 06-26 Report to Council Report Number: CLK 06-26 Date: June 22, 2026 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Appointment of an Integrity Commissioner and Lobbyist Registrar 2026-2030 Term of Council File: A-1440 Recommendation: 1. That Report CLK 06-26 regarding the Appointment of an Integrity Commissioner and Lobbyist Registrar for the 2026-2030 Term of Council be received; 2. That Boghosian + Allen LLP be appointed as the City of Pickering’s Integrity Commissioner and Lobbyist Registrar for the 2026-2030 Term of Council commencing on November 15, 2026, with the option to renew for an additional Council Term; 3. That the draft agreement, included as Attachment 1 to this report be approved, subject to any minor revisions acceptable to the City Clerk and the Director, Corporate Services & City Solicitor, and that the Mayor and City Clerk be authorized to execute the agreement; 4. That the draft by-law included as Attachment 2 to this report to confirm the appointment of Boghosian + Allen LLP as the provider of Integrity Commissioner and Lobbyist Registrar services for the City of Pickering be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the actions necessary to implement the recommendations in this report. 1.0 Executive Summary: The purpose of this report is to appoint an Integrity Commissioner and Lobbyist Registrar for the 2026-2030 Term of Council. The contract with Principles Integrity, the City’s current Integrity Commissioner, expires on November 14, 2026. This report is seeking approval to execute a contract for the next Term of Council to ensure that a new Integrity Commissioner is in place for the start of the new Term which begins on November 15, 2026. It is proposed that David Boghosian serve as Integrity Commissioner and Lobbyist Registrar and have primary responsibility for carrying out all aspects of those roles including liaising with the City, Members of Council and local boards and members of the public, providing advice to Members of Council, directing investigations and inquiries and authoring and delivering reports CLK 06-26 June 22, 2026 Page 2 to Council. Other members of Boghosian + Allen LLP will assist David Boghosian with the Integrity Commissioner/Lobbyist Registrar Contract. 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Foster an Engaged & Informed Community. 3.0 Financial Implications: In accordance with the draft Agreement (Attachment 1), the fees for Integrity Commissioner and Lobbyist Registrar services fluctuate based on which individuals of Boghosian + Allen LLP render their services. Services rendered by David G. Boghosian are $350.00/hour, while services rendered by junior lawyers are $260.00/hour and $160.00/hour for law clerks or students. These fees are not inclusive of HST. Due to the integrity commissioner services being used on an as-needed basis, it is difficult to determine the total annual costs. Dedicated funds in the amount of $135,000.00 have been included in the 2026 Budget to cover costs associated with Code of Conduct complaints and investigations and $8,000.00 has been included for education, training and consulting services related to the Code of Conduct and Lobbyist Registry. A similar amount will be proposed for the 2027 Budget to cover the fees for services rendered. 4.0 Discussion: The purpose of this report is to appoint an Integrity Commissioner and Lobbyist Registrar for the 2026-2030 Term of Council. The contract with Principles Integrity, the City’s current Integrity Commissioner, expires on November 14, 2026. This report is seeking approval to execute a contract for the next Term of Council to ensure that a new Commissioner is in place for the start of the new Term which begins on November 15, 2026. Pursuant to Subsection 223.3(1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), the Integrity Commissioner reports to Council and is responsible for performing, in an independent manner, the functions assigned by the municipality. Integrity Commissioners carry out a range of functions for municipalities including: • The application of the code of conduct for Members of Council and the Code of Conduct for members of local boards. • The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of Members of Council and of local boards. • The application of sections 5, 5.1, 5.2 and 5.3 of the Municipal Conflict of Interest Act to Members of Council and of local boards. • Requests from Members of Council and of local boards for advice respecting their obligations under the Code of Conduct applicable to the Member. • Requests from Members of Council and of local boards for advice respecting their obligations under a procedure, rule, or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members. CLK 06-26 June 22, 2026 Page 3 • Requests from Members of Council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. • The provision of educational information to Members of Council, members of local boards, the municipality and the public about the municipality’s Codes of Conduct for Members of Council and members of local boards and about the Municipal Conflict of Interest Act. • Recommending the imposition of penalties in accordance with the Act if in the opinion of the Integrity Commissioner a Member of Council has contravened the Code of Conduct. For municipalities that have a lobbyist registry program, the Integrity Commissioner is often also appointed as the Lobbyist Registrar to respond to complaints or issues pertaining to the Municipal Lobbyist Registry. By-law 8003/23, being a by-law to establish and maintain a Lobbyist Registry for the City of Pickering, states “The City of Pickering’s Integrity Commissioner is herein appointed as the Lobbyist Registrar in accordance with section 223.11 of the Municipal Act, 2001.” The draft by-law included as Attachment 2 to this report proposes to formally appoint Boghosian + Allen LLP as the City’s Lobbyist Registrar and includes the duties associated with that role. Over the last few Terms of Council, the Region of Durham and some area municipalities have undertaken a collaborative RFP process for the selection of an Integrity Commissioner. This process was initiated again in January 2026. The process to secure Integrity Commissioner services for the next term of Council followed the Durham Region’s Consultant and Professional Services Contracting Procedure. Invitations to enter into a consulting and professional services contract with the Region and local municipalities were sent to nine individuals/firms. Three proposals were received and evaluated. Respondents participated in presentation and interview sessions which were evaluated by the Region, and the Municipal Clerks or Deputy Clerks from Oshawa, Pickering, Uxbridge and Whitby. The top two submissions received were Principles Integrity and Boghosian + Allen LLP and the scores of those two proposals were tied. On April 28, 2026, after the RFP evaluations had taken place, the City received a Notice of Termination from Principles Integrity advising that they would no longer be providing integrity commissioner services to any municipalities for the 2026-2030 Term of Council. Up until the receipt of the Termination Notice, City staff were prepared to recommend the services of Principles Integrity for the 2026-2030 Term of Council given that their services were satisfactory to the City and their recommendations pertaining to Code of Conduct violations were upheld by the Divisional Court in two hearings regarding three separate judicial review applications. With the Notice that Principles Integrity will no longer be providing integrity commissioner services, and with Boghosian + Allen LLP receiving the same score as Principles Integrity in the RFP process, Boghosian + Allen LLP is now the successful proponent being recommended by staff to provide Integrity Commissioner and Lobbyist Registrar services for the 2026-2030 Term of Council. Durham Region Council approved the appointment of Boghosian + Allen LLP as its Integrity Commissioner at its meeting held on April 29, 2026. It is anticipated that the remaining participating municipalities will be taking recommendations to appoint Boghosian + Allen LLP to their respective Councils. CLK 06-26 June 22, 2026 Page 4 Boghosian + Allen LLP (formerly Boghosian + Associates PC) is a leading Ontario law firm servicing municipalities across Ontario in the areas of general municipal law, general civil litigation, municipal defence litigation and accountability/transparency services. Founded by David Boghosian in 2005, the firm has provided legal services to dozens of municipalities as well as other public entities. The firm is currently comprised of 10 lawyers, supported by articling and summer students, law clerks, legal assistants and administrative staff. David Boghosian is currently the Integrity Commissioner (IC) for 13 municipalities (Fort Frances, Hamilton, Caledon, Haldimand County, Kirkland Lake, Norfolk County, Bonfield, Temagami, Stratford, Prince Edward County, Cornwall, East Ferris and Red Lake). He is the Lobbyist Registrar for Hamilton and Niagara Region. Outside of and/or predating his formal IC roles, his retainers for municipalities have included numerous accountability services assignments. These include Municipal Conflict of Interest Act, Municipal Elections Act and Code of Conduct investigations, serving as a compliance audit adjudicator in Municipal Elections Act challenges to campaign finance expenditures, and involvement in municipal auditor general investigations. David Boghosian also worked for the Ontario Office of the Ombudsman while in law school and thereby gained first-hand knowledge of the conciliatory approach employed in that office. David Boghosian is the Lobbyist Registrar for the City of Hamilton and Niagara Region. David and his accountability services team are experienced in providing comprehensive lobbyist registry training, responding to requests for advice and investigating/determining alleged breaches of and enforcing lobbyist registry by-laws. The investigations undertaken by the team have included factually and legally complex investigations related to high profile housing policy issues. Due to the RFP process undertaken and the evaluation of the proponents, along with the Notice of Termination provided by Principles Integrity, staff recommend the appointment of Boghosian + Allen LLP as the City’s Integrity Commissioner and Lobbyist Registrar for the 2026-2030 Term of Council, with the option to renew for an additional Term should their services be satisfactory to the City of Pickering. Attachments: 1. Draft Agreement for Integrity Commissioner and Lobbyist Registrar Services between the City of Pickering and Boghosian + Allen LLP 2. Draft By-law to Appoint Boghosian + Allen LLP as the City’s Integrity Commissioner and Lobbyist Registrar Prepared By: Susan Cassel, City Clerk Approved/Endorsed By: Paul Bigioni, Director Corporate Services & City Solicitor CLK 06-26 June 22, 2026 Page 5 SC:ks Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CLK 06-26 Attachment 2 to Report CLK 06-26 The Corporation of the City of Pickering By-law No. XXXX/26 Being a by-law to confirm the Appointment of Boghosian + Allen LLP as the Integrity Commissioner and Lobbyist Registrar for the City of Pickering Whereas Section 223.3 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), authorizes a municipality to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner the functions assigned by the municipality; And Whereas Section 223.11 of the Act, authorizes the City of Pickering to appoint a Lobbyist Registrar who is responsible for performing in an independent manner the functions assigned by the City of Pickering with respect to a Lobbyist Registry; And Whereas Sections 8, 9, and 10 of the Act, authorize the City of Pickering to pass by-laws that are necessary or desirable for municipal purposes, and in particular paragraph 2 of subsection 10(2) authorizes by-laws respecting the accountability and transparency of the municipality and its operations; And Whereas the current contract for Integrity Commissioner and Lobbyist Registrar services for the City of Pickering will expire on November 14, 2026; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Boghosian + Allen LLP, is hereby appointed as the Integrity Commissioner and Lobbyist Registrar for the City of Pickering; and, 2. That in accordance with the agreement between Boghosian + Allen LLP, as the City of Pickering’s Integrity Commissioner and Lobbyist Registrar, and the City of Pickering, the following roles and services shall be provided: Role: In accordance with Section 223.3(1) of the Municipal Act, the role of the Integrity Commissioner is: (a) The application of the Code of Conduct for Members of Council and for members of local boards; (b) The application of any procedures, rules and policies of the City and local boards governing the ethical behaviour of Members of Council and local boards; (c) The application of sections 5, 5.1, 5.2 and 5.3 of the Municipal Conflict of Interest Act to Members of Council and local boards; By-law No. "[Click here and type By-law #]" Page 2 (d) Respond to requests from Members of Council and of local boards for advice respecting their obligations under the Code of Conduct applicable to the member; (e) Respond to requests from Members of Council and of local boards for advice respecting their obligations under a procedure, rule or policy of the City or of a local board, governing the ethical behaviour of members; (f) Respond to requests from Members of Council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act; and, (g) Provide educational information to Members of Council, local boards, the City and the public about the City’s Code of Conduct and the Municipal Conflict of Interest Act. Duties: The Integrity Commissioner shall cause to perform, in an independent manner, the functions of an Integrity Commissioner pursuant to Part V.1 of the Municipal Act, with respect to the application of the Code of Conduct for Members of Council and of local boards, of the City of Pickering, including any legislation, procedures, rules and policies of the City governing the ethical behaviour of the Members. The mandate of the Integrity Commissioner includes: (a) Providing advice and education upon request by a Member or by Council or the local board as a whole, regarding ethical obligations and responsibilities under their Code of Conduct, and any other legislation, rules or policies governing their ethical behaviour; (b) Receiving, assessing and investigating where appropriate, complaints may by Council, a Member of Council, a local board, a member of a local board, a member of staff, or a member of the public respecting an alleged breach of the City’s Code of Conduct through the provisions of the Code of Conduct and any Procedures for complaints; (c) Receiving, assessing and conducting an inquiry, where appropriate, with respect to requests for inquiry made by an elector, or a person demonstrably acting in the public interest concerning an alleged contravention of section 5, 5.1, 5.2 or 5.3 of the Municipal Conflict of Interest Act; (d) Giving advice on policy issues and the workings of the City’s Integrity Commissioner’s office; and, (e) All advice being provided in writing in accordance with the requirements of Section 223.3(2.2) of the Municipal Act; The Integrity Commissioner shall cause to perform, in an independent manner, the functions of a Lobbyist Registrar in accordance with section 223.11 of the Municipal Act, and By-law 8003/23 which includes but is not limited to: By-law No. "[Click here and type By-law #]" Page 3 (a) providing advice, opinions and interpretation pertaining to the administration, application and enforcement of the Lobbyist Registry By-law; (b) conducting inquiries in respect of a request made about compliance with the Lobbyist Registry By-law, which may include requesting that a Public Office Holder gather information concerning Lobbying of themselves and provide that information to Lobbyist Registrar; (c) enforcing the Lobbyist Registry By-law; (d) suspending, revoking or refusing a Registration or Return; (e) advising Council on Lobbying matters and recommending improvements to the Lobbyist Registry By-law; and, (f) providing an annual report to Council and any other reports as the Lobbyist Registrar considers appropriate. Reporting to Council: (a) The Integrity Commissioner will report directly to Pickering City Council with a report containing the results of investigations and one annual report summarizing the year’s activities, observations, and any resulting general recommendations including reporting on matters pertaining to the City’s Lobbyist Registry; and, (b) The Integrity Commissioner may recommend that City Council impose penalties in accordance with the Municipal Act if in the opinion of the Integrity Commissioner, a Member has contravened the Code of Conduct. Other General Provisions: (a) Should the Integrity Commissioner conduct an investigation or provide any other service, it shall do so in accordance with the terms and conditions of the Agreement executed between it and the City of Pickering and shall adhere to all applicable laws, applicable statutes, and established City Policies; and, (b) All services provided by the Integrity Commissioner shall conform to all the statutory requirements of Section 223.3 to 223.12 of the Municipal Act. 3. That By-law 7956/22 be repealed effective November 14, 2026. 4. That this By-law shall come into effect as of November 15, 2026. By-law passed this 22nd day of June, 2026. ________________________________ Kevin Ashe, Mayor By-law No. "[Click here and type By-law #]" Page 4 ________________________________ Susan Cassel, City Clerk