Region of Peel Integrity Commissioner, Robert J. Swayze
Citation: Sprovieri v Jeffrey, 2018 ONMIC 1
Date: 2018-01-23
CODE OF CONDUCT COMPLAINT – SPROVIERI V. JEFFREY
Notice: Municipal Integrity Commissioners provide investigation reports to their respective municipal council and, in most cases, make recommendations for imposition of penalty or other remedial action to the municipal Council. Therefore, reference should be made to the minutes of each particular municipal council to obtain information about the particular council's consideration of each report. When possible, a link to the relevant municipal council minutes is provided.
Please find below the link to the corresponding council decision.
http://www.peelregion.ca/council/council_minutes/2010s/2018/rcmin20180208.pdf (see page 42)
TABLE OF CONTENTS
RECOMMENDATION.. 3
REPORT HIGHLIGHTS.. 3
BACKGROUND.. 3
REPORT. 4
APPENDICES.. 5
RECOMMENDATION
That the Report dated January 23, 2018, from the Integrity Commissioner on the complaint against Regional Councillor Jeffrey from Regional Councillor Sprovieri be received.
REPORT HIGHLIGHTS
The Integrity Commissioner has received a complaint alleging that Regional Councillor Jeffrey (“Mayor Jeffrey”) contravened the Municipal Conflict of Interest Act (“MCIA”) by attempting to influence the vote of two members of Council on a matter in which she had a pecuniary conflict of interest.
The Integrity Commissioner found that he has no jurisdiction to consider whether the MCIA has been violated and that the Council Code of Conduct (the “Code”) does not expressly make a breach of the MCIA, a breach of the Code.
BACKGROUND
On November 30, 2017 I received a complaint from Councillor Sprovieri alleging that Mayor Jeffrey violated the MCIA by attempting to influence the vote on a matter in which she had a pecuniary conflict of interest. She was obligated to pay for personal legal advice on whether she had a conflict of interest in another Regional matter and wished to be compensated by the Region for her legal fees. She is entitled to ask for remuneration of expenses incurred in her capacity as a member of Council under section 283 (2) of the Municipal Act. I have not found it necessary to interview either the complainant or the respondent because the facts contained within the complaint are not in dispute.
Mayor Jeffrey approached the Clerk for advice and was told to request her lawyer to write to Council which would be considered in closed session and Mayor Jeffrey would be required to declare a conflict and leave the meeting during the consideration of the item. The Clerk also prepared a draft motion to approve the request which she sent to Mayor Jeffrey.
Mayor Jeffrey then called Mayor Crombie and Councillor Medeiros requesting that they move and second the motion when the item comes before Council in closed session. She or her chief of staff then sent the draft motion to both of them.
The MCIA provides as follows:
“5 (1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is the subject of consideration, the member,
(a) shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof;
(b) shall not take part in the discussion of, or vote on any question in respect of the matter; and
(c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. R.S.O. 1990, c. M.50, s. 5 (1).”
When the request reached Council in closed session on November 23, 2017, Mayor Jeffrey complied with subsections (a) and (b) by declaring a conflict and leaving the meeting, but admits that she did, before the meeting, speak with the two other members of Council requesting that they move and second the motion.
REPORT
Until the coming into force of Bill 68, which does not occur until March 1, 2019, as Integrity Commissioner, I have no jurisdiction to consider a complaint under the MCIA. At this time only an application can be made to the Superior Court of Justice. However, I feel bound to offer the opinion that both Mayor Jeffrey and the Clerk acted in good faith and Mayor Jeffrey made an innocent error in judgement which would be excused by the Court pursuant to section 10 (2) of the MCIA reproduced below:
“10 (2) Where the judge determines that a member or a former member while he or she was a member, has contravened subsection 5 (1), (2) or (3), if the judge finds that the contravention was committed through inadvertence or by reason of an error in judgment, the member is not subject to having his or her seat declared vacant and the member or former member is not subject to being disqualified as a member, as provided by subsection (1). R.S.O. 1990, c. M.50, s. 10 (2).”
The complaint did not claim that the Regional Code was violated. However, I have also reviewed the Code which at this time does not incorporate by reference the MCIA, in any attempt to trigger an offence against the MCIA as an offence against the Code. It only recites the MCIA as legislation governing the members of Council which does not give me any jurisdiction to rule on such a complaint under the Code.
Approved for Submission:
Robert J. Swayze, Integrity Commissioner
APPENDICES
None