Motions and Votes on EX46.3

Here are the motions and votes on item EX46.3 headed "Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions"

1 - Motion to Amend Item moved by Mayor David Miller (Final)

1. City Council receive the following reports:

- (August 23, 2010) from the City Solicitor
- (August 11, 2010) from the City Solicitor

2. Council enact a by-law in the form of the attached Bill*.

3. City Council direct that the Confidential Attachments to the Solicitor's reports dated August 11 and 23, 2010 remain Confidential due to litigation and solicitor-client privilege.

*This is the text of the attached bill referred to in recommendation 2. Please note, this is just a bill, and will not be enacted as a by-law until the end of the meeting:

BY-LAW No.


WHEREAS the prospect of incurring significant compliance audit legal expenses in the absence of any wrongdoing can deter individuals of modest means from running for municipal political office;

andWHEREAS the cost of defending a compliance audit could be significant,
particularly when compared to the salary of a City Councillor in Toronto;
and

WHEREAS it is in the public interest to assist candidates in such circumstances with the payment of these expenses in order to promote political inclusivity, protect the overall democratic integrity of municipal elections and bolster overall the social well-being of the municipality;
and

WHEREAS the incurring of such expenses in the face of unfounded complaints of wrongdoing, has the potential to undermine the effectiveness of a councillor in undertaking the duties as a member of council;
and

WHEREAS making these payments to candidates is in the interests of the municipality and in the public interest; and

WHEREAS Councillor Heaps and Councillor Mammoliti incurred significant legal expenses responding to compliance audit proceedings in which the complaints were
determined to be unfounded; and

WHEREAS there is, therefore, a reasonable connection between the City's permitted objectives and the use of its powers under s. 83 of the City of Toronto Act, 2006 to make grants for the purpose of such assistance;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Exercising its powers under s. 83 of the City of Toronto Act, 2006, and in consideration of the interests of the municipality, the City shall pay to Councillor Heaps and Councillor Mammoliti grants in the amount of the legal expenses they incurred in responding to compliance audit applications made against them in relation to their campaign finance records for the 2006 municipal election.

Vote (Amend Item)
Aug-25-2010 8:39 PM
Result: Carried
Majority Required - EX46.3 - Miller
Yes: 24
Ainslie, Ashton, Carroll, Cho, Davis, De Baeremaeker, Di Giorgio, Feldman, Filion, Fletcher, Giambrone, Grimes, McConnell, Mihevc, Miller, Moscoe, Ootes, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Vaughan
No: 14
Del Grande, Ford, Hall, Jenkins, Kelly, Lee, Lindsay Luby (Chair), Milczyn, Moeser, Nunziata, Palacio, Stintz, Thompson, Walker
Absent: 7
Augimeri, Bussin, Heaps, Holyday, Mammoliti, Minnan-Wong, Shiner

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Final)


That

1. City Council request the Province to enact amendments to Provincial legislation as set out in Appendix 1 to the report (August 23, 2010) from the City Solicitor.


Vote (Amend Item (Additional))
Aug-25-2010 8:40 PM
Result: Carried
Majority Required - EX46.3 - Moscoe
Yes: 37
Ainslie, Ashton, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Feldman, Filion, Fletcher, Giambrone, Grimes, Hall, Jenkins, Kelly, Lee, Lindsay Luby (Chair), McConnell, Mihevc, Milczyn, Miller, Moeser, Moscoe, Nunziata, Ootes, Palacio, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Stintz, Thompson, Vaughan, Walker
No: 1
Ford
Absent: 7
Augimeri, Bussin, Heaps, Holyday, Mammoliti, Minnan-Wong, Shiner