HomeMy WebLinkAboutMINUTES 2023-06-07 Compliance Audit CommitteeUaritgton Compliance Audit Committee Meeting
Minutes
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Minutes of the Clarington Municipal Elections Compliance Audit Committee meeting
held on June 7, 2023, at 6:30 p.m., in the Council Chambers, Municipal Administrative
Centre, 40 Temperance St., Bowmanville.
Present Were: Mohammed Ahmad, Ryan Frost, Paul Jones, JoAnne Swaine
(alternate)
Staff Present: J. Gallagher, J. Newman, M. Chambers, L. Patenaude
1 Call to Order
June Gallagher, Municipal Clerk, acting as Secretary for the Committee, called the
meeting to order at 6:30 p.m.
The Municipal Clerk introduced the Compliance Audit Committee members and staff,
explained the purpose of the meeting as well as provided some guidance on the
Committee's role and their deliberations. J. Gallagher noted that the Committee has 30
days (June 14) from the date that the Committee received the report to provide a written
decision, including reasons for its decision. June noted that the decision may be
appealed to the Superior Court within 15 days of the decision. The Municipal Clerk
added that the minutes will be posted on the municipal website and, at that time, will be
considered final. J. Gallagher provided some meeting housekeeping information to
those present.
2 Appointment of Chair
The Municipal Clerk outlined the responsibilities of the Chair and asked for a motion to
appoint a Chair, in accordance with Section 13.2 of the Compliance Audit Committee
Administrative Practices and Procedures.
Moved by Ryan Frost
That Paul Jones be appointed the Chair.
Carried
The Municipal Clerk turned the meeting over to the Chair.
3 Disclosures of Pecuniary Interest
No member declared a pecuniary interest.
4 Matters of Business
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Clarbgton 2022 Municipal Elections Compliance Audit Committee
Minutes
June 7, 2023
4.1 Apparent Over Contribution of Individual Maximum by Albert
Beausoleil
4.1.1 Statement by the Municipal Clerk
The Municipal Clerk provided the Committee with an overview of the Clerk's Report
regarding the Apparent Over Contribution by Albert Beausoleil.
4.1.2 Opening Statement by the Chair
The Chair provided a brief statement about the proceedings and invited the delegations
to the podium to speak.
4.1.3 Delegation(s) by Contributor/Candidates/Agents/Witnesses
Granville Anderson, Candidate
Granville Anderson was present and stated that the $300 over contribution by Albert
Beausoleil was returned to Jeanie Beausoleil (Albert's wife) and there is evidence of
that, and it's reflected in the financial statement.
Angela Anderson, Candidate Granville Anderson's Chief Financial Officer
Angela Anderson apologised for the error and reiterated the statement of Granville
Anderson. Angela further advised that, once the over -contribution was realized, the
$300 was retuned to Jeanie Beausoleil via an email transfer (as this was the only email
that they had for Albert and Jeanie Beausoleil), due to a limitation of cheques from the
bank.
The Chair asked whether any members had any questions.
4.1.4 Committee Deliberation
The Chair asked whether any member wished to deliberate in private.
The Committee decided not to deliberate in private.
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Clarbgton 2022 Municipal Elections Compliance Audit Committee
Minutes
June 7, 2023
Decision
Moved by Ryan Frost
That the Committee's decision, in the matter of the apparent over -contribution by Albert
Beausoleil, is to not move forward with legal action against Albert Beausoleil for the
following reasons:
• It's apparent that the $300 overcontribution was returned to the contributor; and
• The Committee does not believe that there was any intent, on the part of the
contributor or candidates, to circumvent the Act.
Carried
4.2 Apparent Over Contribution of Combined Maximum by Kirk Kemp
4.2.1 Open Statement by the Municipal Clerk
The Municipal Clerk provided the Committee with an overview of the Clerk's Report
regarding the Apparent Over Contribution by Kirk Kemp.
4.2.2 Opening Statement by the Chair
The Chair invited the delegation to the podium to speak.
4.2.3 Delegation(s) by Contributor/Candidates/Agents/Witnesses
Kirk Kemp, Contributor
Kirk Kemp was present and advised that he thought that he had followed the
contribution limits and having reviewed the cheques for the contributions he has. Kirk
stated that the cheques have been provided to the Committee and that "Sheila Kemp"
was on the memo line and Sheila Kemp signed two of the cheques totalling $1,500,
which is the apparent overcontribution limit. K. Kemp stated that it appears two of the
candidates filed their financial statements incorrectly by putting the wrong name of the
contributors. Kirk apologized for the inconvenience that this has caused.
The Chair asked whether any members had any questions.
The Clerk was asked whether this affected the contributions of Sheila Kemp, to which
the Clerk confirmed that Sheila would be within the legal limits for contributions, even
with this amount added.
4.2.4 Committee Deliberation
The Chair asked whether any member wished to deliberate in private.
The Committee decided not to deliberate in private.
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Clarbgton 2022 Municipal Elections Compliance Audit Committee
Minutes
June 7, 2023
Decision
Moved by Ryan Frost
That the Committee's decision, in the matter of the apparent over -contribution by Kirk
Kemp, is to not move forward with legal action against Kirk Kemp for the following
reasons:
• The Committee heard from Kirk Kemp, and was in receipt of copies of the
cheques in question, indicating that two of the cheques were signed by Sheila
Kemp representing Sheila's contributions;
• The accounting error was on the part of the Candidates, Corinna Traill and Willie
Woo, who should have recorded the contributions as being from Sheila Kemp
instead of Kirk Kemp; and
• The Committee does not believe that there was any intent, on the part of the
contributor or candidates, to circumvent the Act.
Carried
5 Adjournment
Moved by Muhammed Ahmed
That the Committee has completed all the agenda items and the tentatively scheduled
meeting for tomorrow, June 8t", is not needed.
Carried
Moved by Ryan Frost
That the meeting be adjourned at 6:59 p.m.
Carried
M