Loading...
HomeMy WebLinkAboutCLD-003-08 ~ REPORT CLERK'S DEPARTMENT Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Kes~IA\-iJ8PA-1 Db -O~ February 4, 2008 Meeting: Report #: CLD-003-08 File#: By-law #: Subject: 2006 MUNICIPAL ELECTION - CHARGES AGAINST THE MUNICIPALITY OF CLARINGTON IN THE ONTARIO COURT OF JUSTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-003-08 be received for information. Submitted by: "\ Cj~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-003-08 PAGE 2 1. Backaround At the Council meeting of January 14, 2008, Council asked me to provide a report on the amounts that the Municipality has paid in defending the 105 charges that were laid by Mark Hendrikx against the Municipality. These charges related to the 2006 Municipal Election and allegations made by Mr. Hendrikx that the Municipality had breached the Municipal Elections Act, 1996. 2. The Charaes Mr. Hendrikx laid 105 charges against the Municipality. The majority of these charges stem from columns which the Municipality ran under the heading "Mayor's Corner" in the local newspapers leading up to the November 13 Voting Day. Mr. Hendrikx claimed that these articles were published in violation of section 70(4)(3) of the Municipal Elections Act (the Act), which prohibits a Municipality from making any donations to a candidate's campaign, section 66(1) of the Act which defines contributions and section 67(2)(2) which defines expenses. In addition to the publication of these columns, Mr. Hendrikx claimed that the Municipality breached section 70(4)(3) of the Act in the following ways: . by permitting the candidate to publish and distribute the town e-mail address Mavor[QJ.clarinaton.net on his election material . by permitting the candidate to distribute election related solicitations for campaign money using municipal equipment and fax . by supplying paid municipal staff to assist in the re-election campaign of the incumbent candidate for Mayor . by failing to enforce municipal and provincial by-laws and allowing the incumbent candidate for Mayor special status during the election CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-003-08 PAGE 3 . by supplying a municipal banner for the incumbent Mayor's campaign office and providing Clarington pens and other advertising materials for the election campaign office and campaign . by supplying significant municipal resources to design, maintain, and host a web site featuring the candidate . by supplying municipally-paid TV commercials showcasing the Mayor and/or praising Clarington Council . by arranging, assisting, funding, promoting and/or creating the "First Annual Mayor's Golf Classic" . by arranging, assisting, funding, promoting and/or creating the Mayor's Address . by supplying the incumbent candidate a municipal credit card that was used during the candidate's election campaign for election related entertainment Section 74(1) of the Act states that a contributor shall not make a contribution of money that does not belong to the contributor. Mr. Hendrikx claimed that the Municipality breached this section of the Act by providing municipal money towards improper credit card expenses and the provision of municipal assets, time, expertise and the failure to adhere to these rules encompassed a variety of departments, staff and councillors. As well, Mr. Hendrikx believed that the Municipality breached section 71(1) of the Act, which prohibits the contribution of more than $750 to a single candidate as well as section 76(2) which prohibits an election expense being incurred outside of a candidate's election campaign period. These charges were scheduled for first hearing on October 25, 2007. At that time, the matter was put over to December 21,2007. At the hearing on that date, the Crown Attorney withdrew all charges stating that, in her opinion, there was no reasonable prospect of success in convicting the Municipality in any of them. REPORT NO.: CLD-003-08 PAGE 4 3. Defence of Charaes Significant time was required by both staff and the municipality's solicitors to review and verify the materials submitted by Mr. Hendrikx and to ascertain the actions taken by staff in the administration of the municipal election. Work on preparation for the upcoming trial commenced on September 25,2007. 4. Costs to Defend the Charqes The final invoices for the solicitors' time in defending this action have now been received. The total cost to the Municipality to defend the charges equals approximately $53,000. This amount equates to $50,949.97 in legal fees plus approximately $2,000 in staff time. 5. Conclusion This report is submitted for information purposes, as requested by Council.