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Report Regarding the Conduct of Former Councillor Doug Ford

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Report Regarding the Conduct of Former Councillor Doug Ford OFFICE OF THE INTEGRITY COMMISSIONER REPORT REGARDING THE CONDUCT OF FORMER COUNCILLOR DOUG FORD Valerie Jepson Integrity Commissioner December 6, 2016 TABLE OF CONTENTS INTRODUCTION ............................................................................................................. 4 PROCEDURAL BACKGROUND ..................................................................................... 4 Time Taken to Conclude this File ................................................................................ 4 JURISDICTION OVER COUNCILLOR FORD ................................................................ 5 INVESTIGATION STEPS ................................................................................................ 5 Third Party Records ..................................................................................................... 6 Apollo ....................................................................................................................... 6 Donnelley ................................................................................................................. 6 Deco ......................................................................................................................... 6 Councillor Doug Ford ................................................................................................... 6 THE COMPLAINTS AND THE RESPONSES ................................................................. 7 In Relation to Donnelley ........................................................................................... 7 In Relation to Apollo ................................................................................................. 7 FINDINGS ....................................................................................................................... 8 Evidence and Standard of Proof .................................................................................. 8 Findings in Relation to Donnelley ................................................................................ 9 Relationship between Deco and Donnelley .............................................................. 9 The Meetings between Donnelley, the Councillor, the Mayor and City Staff .......... 10 Observations .......................................................................................................... 12 Findings in Relation to Apollo .................................................................................... 12 Relationship between Deco and Apollo .................................................................. 12 Councillor Ford's Awareness that Apollo Was a Client of Deco ............................. 12 Apollo Moves to Toronto ........................................................................................ 13 Councillor Perruzza ................................................................................................ 13 Apollo’s Request for an Increase in its Tax Increment Grant ................................. 14 Building Permits ..................................................................................................... 15 Site Plan Changes ................................................................................................. 16 Street Sign ............................................................................................................. 16 Integrity Commissioner Report Regarding the Conduct of Former Councillor Doug Ford 2 of 31 Wastewater Spill .................................................................................................... 17 Observations about the Role of Councillor Ford..................................................... 18 Gifts and Benefits ................................................................................................... 18 ANALYSIS ..................................................................................................................... 20 Relevant Provisions of the Code of Conduct ............................................................. 20 Article IV (Gifts and Benefits) ..................................................................................... 20 Article XIII (Conduct Respecting Lobbyists) ............................................................... 21 Article VIII (Improper Use of Influence) – the Councillor Wore Two Hats .................. 21 Donnelley ............................................................................................................... 21 Apollo ..................................................................................................................... 24 CONCLUSION .............................................................................................................. 26 OBSERVATIONS .......................................................................................................... 26 APPENDIX A ................................................................................................................. 28 Preamble ................................................................................................................... 28 IV. Gifts and Benefits ................................................................................................. 28 VIII. Improper Use of Influence .................................................................................. 30 XIII. Conduct Respecting Lobbyists ........................................................................... 31 Integrity Commissioner Report Regarding the Conduct of Former Councillor Doug Ford 3 of 31 INTRODUCTION Between May and July 2014, three members of the public filed complaints alleging that then Councillor Doug Ford contravened various provisions of the Code of Conduct for Members of Council (the "Code of Conduct" or the "Code"). All of the complaints raised concerns about the now former Councillor's interactions with City of Toronto officials in relation to two companies: Apollo Health and Beauty Care, Inc. ("Apollo"), and Moore Canada, Inc., d.b.a. R.R. Donnelley and Sons ("Donnelley"). Both companies are clients of the Councillor's family's printing company, Deco Labels and Tags Ltd., Deco Adhesive Products (1985) Ltd., and/or Doug Ford Holdings Inc. (collectively, "Deco"). For the reasons set out below, I find that Councillor Ford contravened Articles IV (Gifts and Benefits) and VIII (Improper Use of Influence) of the Code of Conduct. Councillor Ford contravened Article IV when he accepted dinner and tickets to a Rogers Cup tennis match from Apollo; and, he contravened Article VIII when he made inquiries and arranged meetings with City Staff on behalf of each of Apollo and Donnelley on separate occasions. PROCEDURAL BACKGROUND The complaints were filed on May 26, June 25, and July 2, 2014. I began my term as Integrity Commissioner on September 8, 2014. In accordance with the Code of Conduct Complaint Protocol for Members of Council (the "Complaint Protocol), Councillor Ford was provided with copies of the complaints and an opportunity to respond. He provided responses to two out of the three complaints. The issues in the complaints all related to the same set of circumstances. Accordingly, I conducted a single investigation and this report addresses all of the complaints. All of the complaints alleged that Councillor Ford had contravened Article VIII (Use of Improper Influence) of the Code of Conduct. One of the three complaints alleged that Councillor Ford contravened Article V (Confidential Information), Article XI (Business Relations) and Article XIII (Conduct Respecting Lobbyists). In reviewing the circumstances alleged, I considered all of the articles of the Code of Conduct. Following the investigation, on November 16, 2016, as required by the Complaint Protocol, I provided former Councillor Ford with a statement of proposed findings and an opportunity to make submissions. Councillor Ford did not make any submissions. Time Taken to Conclude this File This case took more than two years to conclude. This length of time is well outside of the average time it ordinarily takes my Office to complete cases on the basis of current resources. The reason this case took so long to conclude is the result of a number of factors including: a backlog of cases in place at the time of the transition from a part- Integrity Commissioner Report Regarding the Conduct of Former Councillor Doug Ford 4 of 31 time to a full-time commissioner, the complexity of the case and the workload of the Office. Faced with limited resources and a steady case load, I placed a priority on resolving cases that dealt with current conduct and members. With the completion of this investigation, the Office has completed work on all complaints filed prior to January 2016. This means that all cases filed in 2014 and 2015 have been closed. Based on current case load and resources, the Commissioner does not foresee similar delays in relation to any open cases. JURISDICTION OVER COUNCILLOR FORD While Councillor Ford is no longer a member of Toronto City Council, the complaints were filed while he was a Council member, and the conduct at issue took place during his tenure on Council and was related to his position on Council. In these circumstances, this Office maintains jurisdiction to conclude an investigation, make findings of fact, and to make a report to Council in the event of a finding that a former member's conduct contravenes the Code. INVESTIGATION STEPS To investigate this matter, the following records were reviewed: • extensive
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