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HomeMy WebLinkAboutMINUTES 2023-06-07 Compliance Audit CommitteeUaritgton Compliance Audit Committee Meeting Minutes 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 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 - 1 - 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. -2- 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. -3- 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