Administrative Law - MICO

The Integrity Commissioner investigated complaints that a city councillor violated the Council Code of Conduct by using public funds and resources for her mayoral election campaign.

The complaints alleged that the councillor's publicly funded ward website contained links to her campaign website, that she improperly used constituent email lists for campaign fundraising, and that she used public funds to brand her campaign website address.

The Commissioner found that while the website links violated the Code, they were removed promptly and were likely inadvertent.

The Commissioner also found no breach of privacy rules regarding the email lists and no intentional misuse of public funds for branding.

The Commissioner recommended that the report be received by Council without sanctions.

The Integrity Commissioner submitted a supplementary report regarding a previous finding that the respondent Mayor breached the Code of Conduct by making robocalls to residents.

Following the Mayor's announcement of a leave of absence, the Commissioner recommended that City Council defer consideration of the report and the requested apology until his return.

Councillor Paul Ainslie filed a complaint against Mayor Rob Ford alleging that the Mayor violated the Code of Conduct for Members of Council by sending automated robocalls to the Councillor's constituents.

The calls criticized the Councillor's vote on the Scarborough subway expansion, stating he did not listen to his constituents.

The Integrity Commissioner investigated and found that the Mayor breached Article XIV (Discreditable Conduct) by unfairly attacking the Councillor's reputation without seeking to understand his position or acknowledging his community consultations.

The Commissioner found no breach of Article VI regarding the use of City resources, as the Mayor paid for the calls personally and the use of his office phone was nominal.

The Commissioner recommended that City Council adopt the finding of a violation and request that the Mayor apologize to the Councillor in writing and on the floor of Council.

City Council adopted a motion requesting the Integrity Commissioner to report on concerns regarding Mayor Rob Ford's conduct, including his admission to smoking crack cocaine, his association with an alleged drug dealer, and his use of City letterhead for a character reference.

The Integrity Commissioner reviewed the Code of Conduct implications and the actions already taken by Council, including requests for apologies and a leave of absence.

The Commissioner concluded that Council had already addressed the matters procedurally and recommended that no further Code of Conduct inquiry be undertaken.

The complainant alleged that three members of the municipal council contravened the Code of Conduct by unilaterally disbanding the Area Rating Review Committee before it had finished its work.

The Integrity Commissioner found no corroborating evidence of unilateral action, noting that the members were delivering a message from Council that the committee had completed its work since no recommendation was possible.

The complaint was dismissed.

The Interim Integrity Commissioner investigated two complaints against a municipal councillor alleging violations of the Code of Conduct.

The first complaint alleged the councillor berated and embarrassed staff at a case conference meeting.

The second alleged he accosted a director in an agitated state.

The Commissioner found the councillor's conduct in both instances was abusive, bullying, and intimidating, contravening the Code of Conduct.

No sanction was recommended at this time, but a stern warning was issued regarding future conduct.

The Mayor of the Township of South Stormont filed a complaint alleging that the Deputy Mayor repeatedly violated the Code of Conduct through rude and hostile behaviour.

The Integrity Commissioner investigated three incidents.

He found no violation regarding her opposition to a bio pellet plant proposal.

However, he found that the Deputy Mayor violated the Code by speaking to the press about a confidential organizational review and by making egregious personal attacks against the Mayor regarding a rezoning application.

The Integrity Commissioner declined to impose sanctions at this time, noting the Deputy Mayor's willingness to change, but warned that future violations would result in sanctions.

The Integrity Commissioner for the City of Guelph reported on complaints filed by three municipal staff members against Councillor Maggie Laidlaw.

The complainants alleged that the councillor contravened the Code of Conduct by making statements and sending emails that amounted to abuse, bullying, and intimidation regarding a parking issue before the Committee of Adjustment.

The councillor admitted to an error in judgment and issued sincere apologies to the complainants.

The complainants accepted the apologies and withdrew their complaints, concluding the matter.

A member of the public filed a complaint alleging that a municipal councillor breached Article XII of the Code of Conduct for Members of Council by making public comments characterizing the City Manager's Casino Report as 'fictitious' and 'fictional'.

The Integrity Commissioner investigated and found that the comments were injurious to the professional reputation of staff and showed disrespect for their professional capacity, constituting a breach of Article XII.

However, because the councillor apologized to the City Manager, who accepted the apology, the Commissioner recommended that City Council take no further action.

A member of the public filed a complaint alleging that a municipal councillor breached Article XII of the Code of Conduct for Members of Council by making disparaging public comments about a report authored by the City Manager.

The Integrity Commissioner found that the councillor's repeated use of phrases such as 'nothing real' and 'fantasy' to describe the report showed disrespect for the professional capacity of staff, constituting a breach of the Code.

However, because the councillor apologized to the City Manager, who was satisfied with the outcome, the Commissioner recommended that City Council take no further action.

A former tenant of a property co-owned by a municipal councillor filed a complaint alleging the councillor sent a threatening email using her City email account and improperly used her influence with the regional police.

The Integrity Commissioner found that the councillor violated the Council Code of Conduct by using City IT resources to send a threatening email in a personal business matter and recommended a reprimand.

However, the Commissioner found no evidence that the councillor improperly used her influence with the police, as the police confirmed she received no preferential treatment.

The Toronto Star Newspapers Ltd. filed a complaint alleging that Mayor Rob Ford violated the Code of Conduct for Members of Council by directing his staff to exclude Toronto Star reporters from receiving official mayoral communications.

The Integrity Commissioner investigated and dismissed the complaint, finding that the Mayor did not improperly use the influence of his office or engage in discreditable conduct.

The Commissioner noted that elected officials have discretion in their media communications and that the Mayor did not interfere with the newspaper's access to official City information.

The Commissioner also recommended that City Council clarify whether corporations may file complaints under the Code of Conduct.

The Integrity Commissioner investigated a complaint that a Town of Newmarket Councillor breached the Code of Conduct by disclosing confidential information from an in camera meeting.

The Councillor published a newspaper column discussing a park naming matter that had been the subject of a closed session.

The Commissioner found that the Councillor breached the confidentiality provisions of the Code of Conduct by disclosing the substance of the in camera deliberations.

The Commissioner recommended that Council issue a formal reprimand and consider further education on in camera meeting rules.

The Integrity Commissioner issued a supplementary report regarding Mayor Rob Ford's breach of Article XII of the Code of Conduct.

Following the initial report recommending a reprimand, Mayor Ford apologized to the Medical Officer of Health, Dr. McKeown, who accepted the apology.

Consequently, the Integrity Commissioner recommended that City Council adopt a finding of the breach but impose no further sanction.

The Integrity Commissioner issued a supplementary report regarding a formal complaint against a municipal councillor for violating Article XII of the Code of Conduct for Members of Council.

The initial report recommended a reprimand because there had been no apology for comments made about the Medical Officer of Health.

Following a public apology by the respondent, which was accepted by both the complainant and the Medical Officer of Health, the Integrity Commissioner recommended that Council adopt a finding of a breach but impose no further sanction.

A City of Toronto Councillor filed a formal complaint alleging Mayor Rob Ford violated Article XII of the Code of Conduct for Members of Council by making derogatory comments about the Medical Officer of Health on a radio program.

The Integrity Commissioner investigated and found that the Mayor breached the Code by demeaning the professional reputation of the Medical Officer of Health and mischaracterizing the mandate of Toronto Public Health.

The Commissioner recommended that City Council adopt a finding that the Mayor breached the Code of Conduct.

A member of Toronto City Council filed a complaint alleging that Councillor Doug Ford violated Article XII of the Code of Conduct by making derogatory comments about the Medical Officer of Health on a radio program.

The Integrity Commissioner investigated and found that the comments, which questioned the competence of the Medical Officer of Health, breached the Code of Conduct.

The Commissioner recommended that Council adopt a finding of a breach and impose a reprimand.

The Integrity Commissioner investigated two alleged breaches of confidentiality by City Council members.

The first allegation concerned an Executive Committee meeting where a Councillor asked a question based on constituent concerns, not confidential information.

The second allegation involved a leak of confidential personal information regarding public appointments during a City Council meeting.

The Commissioner found no breach in the first instance and could not substantiate the second due to insufficient information.

The report was recommended to be received for information.

The Integrity Commissioner investigated complaints made by a resident against the Mayor of the Township of Georgian Bay, alleging breaches of the Code of Conduct including bullying and intimidation of councillors.

The Commissioner dismissed two complaints for lack of jurisdiction as the alleged events occurred before the Code was enacted.

After interviewing the complainant and several councillors, the Commissioner dismissed the remaining complaint, finding no direct evidence of misconduct and concluding that the issues were conflicts of personality and leadership style rather than intentional intimidation.

A citizen filed a complaint alleging that Councillor Doug Ford violated Article XIV of the Code of Conduct for Members of Council by approaching him in the Council Chamber and using intimidating language.

The Integrity Commissioner investigated and found that the Councillor had spoken to the complainant in an angry tone, referencing ongoing compliance audit litigation and stating 'what goes around comes around.' An informal resolution was attempted, but the Councillor provided an apology letter that failed to acknowledge responsibility and suggested the complainant had misunderstood his words.

The Integrity Commissioner concluded that the Councillor's conduct constituted bullying and intimidation in breach of the Code of Conduct, and recommended that City Council request a proper written apology from the Councillor.