Speaker's Ruling on Item MM51.1

"Members, I have been asked by several Members to consider whether this motion, in its current form, is in order.

I have reviewed the matter carefully, and I am ruling that this motion is out of order in its current form.

In making this ruling, I rely on my findings as follows:
- The expenses incurred by Councillor Rae were permitted by the Council Expense Policy.
- Councillor Rae relied on advice obtained from the City Clerk prior to incurring the expenses as to the eligibility of the expenses.
- Therefore Councillor Rae proceeded in good faith and reasonably expected his actions were in keeping with policy.

It is imperative that Members of Council can rely on the Councillor Expense Policy and the advice of those officials whom Council has, by policy, assigned the responsibility for administering the policy, to conduct their business.

Had the Member incurred expenses that were prohibited by the policy, I would likely take a different position in this matter. However, it seems to me that the very reason we adopted a Council Expense Policy and vested the administration of the policy in the City Clerk was to avoid the adjudication of individual expenses on the floor of this Council, as the movers of this motion are proposing we do.

This motion conflicts with Council’s policy and to allow this motion to proceed would undermine the policy we adopted in 2008.

If City Council is dissatisfied with the events that took place here – that is, if you believe a loophole exists that permits expenses that should not be permitted – then the proper remedy is to propose an amendment to the policy so that both Members and the City Clerk can be guided on the eligibility of these or other expenses incurred by Members.

To change the rules of the game after the fact and seek reimbursement is simply unfair and punitive.

That is my ruling."

The Speaker's ruling was upheld on a challenge by Councillor Rob Ford by a vote of 33-10:

7/7/2010 2:36:30 PM “MM51.1 - Uphold the Chair” 33 yea+10 nay,2/3 maj,quorum
YES Ainslie YES Ashton YES Augimeri YES Bussin [Chair] YES Carroll YES Cho YES Davis YES De Baeremaeker YES Di Giorgio YES Feldman YES Filion YES Fletcher YES Giambrone YES Grimes YES Hall YES Heaps YES Lee YES Lindsay Luby YES Mammoliti YES McConnell YES Mihevc YES Miller YES Moscoe YES Nunziata YES Palacio YES Pantalone YES Parker YES Perks YES Perruzza YES Saundercook YES Shiner YES Vaughan YES Walker NO Del Grande

NO Ford NO Holyday NO Jenkins NO Kelly NO Milczyn NO Minnan-Wong NO Moeser NO Stintz NO Thompson