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HomeMy WebLinkAbout2019-05-28 Compliance Audit Committee Minutes.pdfClaritgton Compliance Audit Committee Meeting Apparent Over Contribution — Kirk Kemp Minutes May 28, 2019 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of the Clarington Municipal Elections Compliance Audit Committee meeting held on May 28, 2019, at 6:00 PM, in Meeting Room 1A, Municipal Administrative Centre. Present Were: Ryan Frost, JoAnne Swaine, Paul Jones Regrets: None Staff Present: A. Greentree, J. Gallagher 1 Call to Order Anne Greentree, Municipal Clerk, acting as Secretary for the Committee, called the meeting to order at 6:00 PM. 2 Appointment of Chair In accordance with Section 5 of the Terms of Reference, Paul Jones was elected as Chair for the term ending November 14, 2022. Paul Jones explained the purpose of the meeting and explained the process which will take place during the meeting. 3 Declaration of Interest None 4 Adoption of Minutes Not Applicable Page 1 of 3 Claritgton Compliance Audit Committee Meeting Apparent Over Contribution — Kirk Kemp Minutes May 28, 2019 5 Matters of Business 5.1 Apparent Over Contribution by Kirk Kemp 5.1.1 Opening Statement by Municipal Clerk Anne Greentree provided the Committee with an overview of the "Clerk's Report regarding the Apparent Over Contribution by Kirk Kemp". Ms. Greentree opened by stating that the reporting and contribution rules are new to the Municipal Elections Act for the candidates, the contributors and the Municipal Clerk. She explained that Mr. Kemp had made donations to six registered Clarington candidates. His contributions appeared to total $5,400. Sheila Kemp, Mr. Kemp's wife, did not appear to make any donations. During the Clerk's (or designates') careful review of the candidates' financial statements at the time that the statements were filed, where a statement recorded a joint contribution (attributing more than one name to a single contribution), the candidate was advised that they could only attribute the contribution to a single contributor. The Clerk explained that candidate Wendy Partner, at the time of filing her financial statement, chose to attribute the joint contribution of Kirk and Sheila Kemp to Kirk (while in attendance at the Clerk's Department service counter) without having verified with receipts or the contributors. Ms. Greentree explained that, had this contribution been split 50/50 between Kirk and Sheila, or had it been fully attributed to Sheila Kemp, there would not have been any apparent over contribution. The Municipal Clerk stated that she believed this situation is an unintentional consequence of the lack of understanding new legislation and contribution requirements. 5.1.2 Delegations and Submissions by Contributor/Candidates/Agents/Witnesses Wendy Partner's Written Submission The Committee was provided a copy of an email from Wendy Partner, one of the six candidates related to the matter, dated May 27, 2019, as well a copy of a receipt issued to Kirk and Sheila Kemp for a contribution to her campaign. Kirk Kemp Delegation Kirk Kemp was present and offered an opportunity to address the Committee as per the Terms of Reference. Mr. Kemp explained that he was unaware that there was a maximum limit of contributions. He explained that the account is a joint account with his wife. Mr. Kemp assumed that the contributions would be split in half. The Chair asked whether any members had any questions -2- CkI ington Compliance Audit Committee Meeting Apparent Over Contribution — Kirk Kemp Minutes May 28, 2019 Mr. Kemp confirmed that there would be three different addresses (one for home; one for work; and a previous address which was listed on an older cheque). 5.1.3 Committee Deliberation The Chair asked whether any member wishes to deliberate in Closed Session. Decision Moved by JoAnne Swaine, Seconded Ryan Frost That the Committee recommends, in the matter of the apparent over contribution by Kirk Kemp, to not move forward with legal action against Mr. Kemp for the following reasons: The limit of $5,000 per Council or local board was a new process; The Committee was in receipt of Wendy Partner's confirmation email stating that she made some decisions on how to attribute spousal funds; and The Committee does not believe that there was any intent, on the part of the contributor or candidates, to circumvent the Act. Carried 6 Adjournment Moved by Ryan Frost, seconded by JoAnne Swaine That the meeting be adjourned at 6:22 PM. Paul Jones, Chair Carried -3- C. Anne Greentree, Municipal Clerk '11yan Frost