MICO 2009

A private citizen filed a complaint alleging that the Mayor breached the Code of Ethical Conduct by failing to maintain the security of confidential City documents, failing to cooperate with an investigation, and failing to exercise the duties of her position.

The Integrity Commissioner found insufficient evidence to conclude that the Mayor personally breached the Code.

However, noting that an earlier investigation concluded unauthorized disclosures likely originated from the Mayor's office, the Commissioner recommended that the Mayor's staff receive training on confidentiality and security requirements.

The Mayor of Toronto filed a complaint against a former member of the Exhibition Place Board of Governors, alleging a conflict of interest and a violation of the Code of Conduct.

The Integrity Commissioner dismissed the complaint on three grounds.

First, the Commissioner lacked jurisdiction under the City of Toronto Act, 2006 and the Code of Conduct to investigate a former board member.

Second, allegations of conflict of interest fall under the Municipal Conflict of Interest Act, which is outside the Commissioner's jurisdiction.

Third, even if jurisdiction existed, there were insufficient grounds to warrant an investigation, as the former member had declared his interest and recused himself from relevant board matters after being retained by a successful proponent.

The Interim Integrity Commissioner investigated whether Councillor Michael Walker violated the Member's Code of Conduct by disclosing a confidential report regarding the Filmport project to an external forensic accountant.

The Commissioner found that Councillor Walker did not violate the Code, as he acted on a genuine belief that the disclosure was necessary to inform himself, took responsible steps to ensure the document's confidentiality, and the document did not enter the public domain.

The Commissioner recommended establishing a protocol to clarify the narrow circumstances under which Councillors may disclose confidential information to obtain outside expert opinions.

The complainant filed a complaint against the respondent regarding comments made on a radio broadcast alleging the complainant was in a conflict of interest regarding a committee appointment.

The Interim Integrity Commissioner found that the respondent's comments were inaccurate and inappropriate, constituting a violation of Article XIV of the Code of Conduct.

However, because the respondent promptly retracted the statement and apologized on-air, the Commissioner recommended that City Council not impose any sanction.