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HomeMy WebLinkAboutCLD-017-09~~t"11~;t0II ~a~dfe~ fNe Way REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 28, 2009 ~~,~5 (~fio~ ~~~~ -J~.35 ~ 9 Report #: CLD-017-09 File #: By-law #: Subject: COMPLIANCE AUDIT -JOHN MUTTON 2006 ELECTION CAMPAIGN RECOMMENDATIONS: It is respectfully recommended that Council approve the following: THAT Report CLD-017-09 be received; and 2. THAT, in accordance ~~with section 81(4) of the Municipal Elections Act, Bernard G. Nayman Chartered Account be appointed to conduct a second compliance audit of John Mutton's 2006 Mayoral Campaign; and 3. THAT the interested parties listed in Report CLD-016-09 be advised of Council's decision. Submitted by: _~ Reviewed by: -Franklin Wu, ~~ Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-017-09' BACKGROUND PAGE 2 of 3 At the Council meeting of July 13, 2009, Council instructed the Municipal Clerk to recommend a qualified person to conduct a new compliance audit related to the election campaign finances of John Mutton in the 2006 municipal elections. This direction was as a result of Council approving a second audit halving regard to the disciplinary proceedings of The Institute of Chartered Accountants of Omtario against Mr. James E. Horn, who completed an initial compliance audit on the campaign. In an attempt to find an auditior who was able to perform the initial audit in 2007, letters were sent to 83 Chartered Accountants, whose names, with the exception of one, were found on the web site for The Ontario Institute of Chartered Accountants. These accountants were located within Durham Region, Port Hope, Lindsay, Peterborough and Toronto. In response to these letters, 21 replies were received. Four of the companies indicated that they would be able to complete the compliance audit, however, upon further investigation, it was determined that one of the companies had no experience in this area. Of the other companies, Laing & Rohr was appointed to perform the compliance audit on Mayor Abernethy's mayoral campaign and James E. Horn was appointed to perform the compliance audit on John Mutton's mayoral campaign. In an effort to find an auditor to perform the second compliance audit on John Mutton's mayoral campaign, The Institute of Chartered Accountants of Ontario and The Canadian Institute of Chartered Accountants were contacted. Neither organization was able to provide names of accountants who would perform this type of audit. Discussion took place with the City of Vaughan, who has recently been through the same exercise. The auditor who performed the work for them was involved in the disciplinary proceedings against James E. Horn and, therefore, had a conflict in performing this audit. Through contact with the Association of Municipal Managers, Clerks and Treasurers of Ontario and the City of Toronto, names of five auditors were forwarded. All five of these auditors have been contacted; information has been forwarded to four who indicated an initial interest and three have provided quotes for performing the compliance audit, as follows: Com an Amount of Quote Bernard G. Na man Chartered Accountant $14,970 Suntharalingam & Associates Chartered $5,000-$8,000 (perhaps lower, depending on Accountants the information available and the co-operation of all parties) WH Partners LLP $7,500 + applicable taxes (approximate - actualfees will be dependent on the actual times ent on the file) Specifics of the quotes are outlined in Attachment No. 1. The estimates received are well within the limits of the Municipality's Purchasing By-law for contracting and consulting, without the need for issuing a Request for Proposal or a Tender. REPORT NO.: CLD-017-09 PAGE3OF3 Upon receipt of the report of'the auditor, should the report indicate that there was no apparent contravention and Council finds that there were no reasonable grounds for the application, the Council is entitled to recover the auditor's costs from the applicant. Based on the extensive experience Mr. Nayman has in the field of municipal audits, it is respectfully recommended that he be appointed as the auditor for completing the compliance audit of John Mutton's 2006 mayoral campaign. Mr. Nayman has indicated that he can commence the audit immediately upon approval of Council and he estimates that the audit will take approximately 45 days ~o complete. Attachment No. 1 -Quote Interested parties to be advised of Council's decision: B.G. Nayman, Bernard G. 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