Compliance Audit Committee Meeting Minutes

Thursday, June 15, 2023 at 6:00 P.m. - 8:00 P.m.

Council Chamber

Members Absent

• Ron Colucci, Chair
• Kelly Gravelle
• Reagan Ruslim
• Angela Peco
• Paul Jones

Staff Present

• Hristina Giantsopoulos, Election/Council & Committee Coordinator
• Kimberley Kitteringham, City Clerk
• Erica Alligood, Election/Council & Committee Coordinator
• Jennifer Evans, Legislative Coordinator

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1.

PUBLIC NOTICE

The Joint Compliance Audit Committee meeting was held in a hybrid meeting format where members of the public could attend in-person or by viewing the livestream of the open session at Markham.ca. Recordings of the meeting are also available on Markham.ca.

2.

CALL TO ORDER

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging the traditional territories of Indigenous peoples and their commitment to stewardship of the land. We acknowledge the communities in circle. The North, West, South and Eastern directions, and Haudenosaunee, Huron- Wendat, Anishnabeg, Seneca, Chippewa, and the Mississaugas of the Credit peoples. We share the responsibility with the caretakers of this land to ensure the dish is never empty and to restore relationships that are based on peace, friendship, and trust. We are committed to reconciliation, partnership and enhanced understanding.

The Joint Compliance Audit Committee meeting convened in accordance with the York Region Joint Compliance Audit Committee Rules of Procedure at 6:01 PM with Ron Colucci presiding as Chair. 

The Chair commenced the meeting by reading the Indigenous Land Acknowledgement.

3.

DISCLOSURE OF PECUNIARY INTEREST

The Chair, Ron Colucci asked Committee Members if there were any disclosures of pecuniary interest. 

The Chair provided clarification that there is no relation to himself and the 2022 Markham Election candidate, Amanda Collucci, whose campaign received a donation from one of the alleged over contributors.  He also highlighted that the spelling of his last name differed. 

Paul Jones provided clarification that there is no relation to himself and the 2022 Markham Election candidate, Jim Jones, whose campaign received a donation from one of the alleged over contributors.  

There were no disclosures of pecuniary interest.

4.

COMMUNICATIONS

The Chair advised that there were written submissions from the alleged over contributors and that they will be received with the item.  

5.

CONSIDERATION OF ITEMS REQUIRING DISCUSSION

5.1

COMMITTEE'S OPENING STATEMENT

The Chair provided an opening statement that outlined the Municipal Elections Act, 1996 (MEA) regulations in relation to campaign contributions, candidate financial statement filing, and the City Clerk's review of individual contributions to candidate campaigns to determine if contribution limits appeared to have been exceeded.  He also provided an overview of the role of the Compliance Audit Committee and introduced fellow members: Kelly Gravelle, Paul Jones, Angela Peco, and, Reagan Ruslim.

The Chair advised that Kimberley Kitteringham, City Clerk, will provide a summary of the reports and that the Joint Compliance Audit Committee (JCAC) may ask questions of the City Clerk, staff, Committee Solicitor, Kim Mullin, or the alleged over-contributor.

5.2

MARKHAM CITY CLERK'S REPORT ON OVER-CONTRIBUTIONS IN THE 2022 MARKHAM MUNICIPAL ELECTION: NAJMUS SAQIB AGAR

Kimberley Kitteringham, City Clerk, provided a summary of the Clerk's Report regarding the potential over contribution made by Najmus Saqib Agar.    

The Committee inquired whether the contributor or agent was present for the proceedings and if there were any correspondence items submitted for consideration.  

The Clerk confirmed that the contributor nor the agent was present for the proceedings and that written correspondence was received from Najmus Saqib Agar.  She noted that there was no returned mail received by staff by either regular or registered mail. 

Moved by Paul Jones

Seconded by Reagan Ruslim

That the Committee defer this item for a later time within this meeting to provide additional time for Najmus Saqib Agar to attend.   

Carried

Najmus Saqib Agar did not attend the meeting.

 

The Committee noted the similarities between this correspondence item and that for other matters on the agenda. The Committee appreciated the correspondence submitted and the contrition expressed in addition to the undertaking of a promise that they will exercise greater diligence in the future to not violate the Act. However, there were concerns with the lack of personal representation in the matter.

The Committee voted 3:2 to not proceed with further prosecution.

  

Moved by Reagan Muslin

Seconded by Angela Peco

That the City of Markham’s Joint Compliance Audit Committee moves to not commence legal proceedings against Najmus Saqib Agar for an apparent contravention of the contribution limits set out in Section 88.9 of the Municipal Elections Act, 1996, as amended.

Carried

Moved by Reagan Muslin

Seconded by Paul Jones

That the Committee receive the correspondence from Najmus Saqib Agar.  

Carried

5.3

MARKHAM CITY CLERK'S REPORT ON OVER-CONTRIBUTIONS IN THE 2022 MARKHAM MUNICIPAL ELECTION: HERMAN GRAD

Kimberley Kitteringham, City Clerk, provided a summary of the Clerk's Report regarding the potential over contribution made by Herman Grad.

The Committee inquired whether the contributor or agent was present for the proceedings and if there were any correspondence items submitted for consideration.  

The Clerk confirmed that the contributor was not in attendance and that the agent, Jason Cherniak was present for the proceedings.  She indicated that there was a written submission from Herman Grad and that there was otherwise no returned mail received by staff by either regular or registered mail. 

Mr. Cheniak addressed the Committee and advised that Mr. Grad was unavailable to attend.  He explained that Mr. Grad is a community leader and that he is very sorry for this unintentional error.  

There was a brief discussion regarding any previous occurrences and the awareness of the campaign contribution limits.

The Clerk confirmed that the City does not have any records of previous election over contributions for Mr. Grad.  Mr. Cherniak also confirmed that this has not happened before on behalf of Mr. Grad.

The Committee consented to convene in confidential session for deliberation on the matter.  

Upon return from confidential deliberation, the Committee rendered their decision to not commence legal proceedings against the contributor for the following reasons: 

• Herman Grad appointed a representative that provided an explanation in his absence;
• There was a written submission that showed contrition; and,
• That he is not a repeat offender.  

The Committee expressed appreciation for Mr. Grad's contrition and expects that this will not occur again in the future.  

 

Moved by Kelly Gravelle

Seconded by Reagan Ruslim

That the City of Markham’s Joint Compliance Audit Committee moves to not commence legal proceedings against Daniel Ciccone, for an apparent contravention of the contribution limits set out in Section 88.9 of the Municipal Elections Act, 1996, as amended.

Carried

Moved by  Reagan Ruslim

Seconded by Kelly Gravelle

That the Committee receive the written correspondence from Mr. Herman Grad and the Clerk's report. 

Carried

5.4

MARKHAM CITY CLERK'S REPORT ON OVER-CONTRIBUTIONS IN THE 2022 MARKHAM MUNICIPAL ELECTION: RAJINDER MINHAS

Kimberley Kitteringham, City Clerk, provided a summary of the Clerk's Report regarding the potential over contribution made by Rajinder Minhas. 

The Committee inquired whether the contributor or agent was present for the proceedings and if there were any correspondence items submitted for consideration.  

The Clerk confirmed that the contributor was present for the proceedings and that there was a correspondence item received.  She noted that there was no returned mail received by staff by either regular or registered mail.  

Rajinder Minhas addressed the Committee and advised that she was unaware of the campaign contribution limits.  She apologized for the oversight and promised to not repeat this error by taking greater caution in the future.   

The Committee inquired whether the candidate returned the funds and she responded that they had not been.  The Clerk advised that candidates are to refuse donations over the limit.    

Ms. Minhas further addressed the Committee to note that Bal Minhas is her husband and that he missed his meeting date as he thought both matters would have been addressed at the same meeting. 

The Committee advised that only the matter on the agenda regarding Rajiner Minhas can be addressed at this time.    

The Committee consented to convene into confidential session for deliberation on the matter. 

Upon return from confidential session, the Committee consented to not pursue further legal action in this matter for the following reasons:  there was a show of contrition, written correspondence was submitted and that Ms. Minhas attended the meeting.

 

Moved by Reagan Ruslim

Seconded by Angela Peco

That the City of Markham’s Joint Compliance Audit Committee moves to not commence legal proceedings against Daniel Ciccone, for an apparent contravention of the contribution limits set out in Section 88.9 of the Municipal Elections Act, 1996, as amended.

Carried

Moved by Paul Jones

Seconded by Reagan Ruslim

That the written correspondence received from Rajinder Minhas be received.  

Carried

5.5

MARKHAM CITY CLERK'S REPORT ON OVER-CONTRIBUTIONS IN THE 2022 MARKHAM MUNICIPAL ELECTION: ZARA SAJID

Kimberley Kitteringham, City Clerk, provided a summary of the Clerk's Report regarding the potential over contribution made by Zara Sajid. 

The Committee inquired whether the contributor or agent was present for the proceedings, if they were a repeat offender and if there were any correspondence items submitted for consideration.  

The Clerk confirmed that the contributor was not present for the proceedings.  She further confirmed that there was a correspondence item received and that they are not a repeat offender.  She noted that there was no returned mail received by staff by either regular or registered mail.  

The Committee expressed concerns over the significance of the over contribution amount.  The Committee agreed to not proceed with further legal action because written correspondence that expressed contrition was submitted, similar to the letters submitted in relation to the other matters on the agenda.    

The Committee voted 3:2 to not proceed with further prosecution.

Moved by Reagan Ruslim

Seconded by Kelly Gravelle

That the City of Markham’s Joint Compliance Audit Committee moves to not commence legal proceedings against Zara Sajid, for an apparent contravention of the contribution limits set out in Section 88.9 of the Municipal Elections Act, 1996, as amended.

Carried

Moved by Reagan Ruslim

Seconded by Kelly Gravelle

That the written correspondence received from Zara Sajid be received.

Carried

5.6

MARKHAM CITY CLERK'S REPORT ON OVER-CONTRIBUTIONS IN THE 2022 MARKHAM MUNICIPAL ELECTION: SAKINA NAJMUS SAQIB

Kimberley Kitteringham, City Clerk, provided a summary of the Clerk's Report regarding the potential over contribution made by Sakina Najmus Saqib. 

The Committee inquired whether the contributor or agent was present for the proceedings and if there were any correspondence items submitted for consideration.  

The Clerk confirmed that the contributor was not present for the proceedings and that there was a correspondence item received.  She noted that there was no returned mail received by staff by either regular or registered mail.  

The Committee agreed to not proceed with further legal action because written correspondence that expressed contrition was submitted, similar to the letters submitted in relation to the other matters on the agenda.    

Moved by Reagan Ruslim

Seconded by  Kelly Gravelle

That the City of Markham’s Joint Compliance Audit Committee moves to not commence legal proceedings against Daniel Ciccone, for an apparent contravention of the contribution limits set out in Section 88.9 of the Municipal Elections Act, 1996, as amended.

Carried

Moved by Reagan Ruslim

Seconded by  Paul Jones

That the written correspondence submitted by Sakina Najmus Saqib be received.    

Carried

5.7

MARKHAM CITY CLERK'S REPORT ON OVER-CONTRIBUTIONS IN THE 2022 MARKHAM MUNICIPAL ELECTION: LIN ZHANG

Kimberley Kitteringham, City Clerk, provided a summary of the Clerk's Report regarding the potential over contribution made by Lin Zhang.  

The Committee inquired whether the contributor or agent was present for the proceedings and if there were any correspondence items submitted for consideration.  

The Clerk confirmed that the contributor was not present for the proceedings and that a representative, Michael Bender was in attendance on Lin Zhang's behalf. She noted that there  was a written correspondence item received and that no returned mail was received by staff by either regular or registered mail. 

Michael Bender addressed the committee to advise he is represented Lin Zhang and that Lin Zhang wrote the letter submitted.  Mr. Bender explained that Mr. Zhang was unaware of the $5,000 contribution limit and that this was his first time making campaign contributions.  He further expressed that Mr. Zhang sincerely apologizes for this mistake and that he will not make the mistake again, in any campaign or municipality.   

The Clerk confirmed that there is no previous record of over contribution by Mr. Zhang.   

The Committee appreciated that there was a representative present and that there was contrition expressed in the correspondence, in addition to the undertaking of a promise that they will exercise greater diligence in the future to not violate the Act.  The Committee rendered their decision to not proceed with further legal action. in this matter. 

Moved by Reagan Ruslim

Seconded by Angela Peco

That the City of Markham’s Joint Compliance Audit Committee moves to not commence legal proceedings against Lin Zhang for an apparent contravention of the contribution limits set out in Section 88.9 of the Municipal Elections Act, 1996, as amended.

Carried

6.

CONFIDENTIAL ITEMS

In accordance with the Joint Compliance Audit Committee Rules of Procedure, the Committee convened into confidential session to deliberate on the following matters:

6.1

MARKHAM CITY CLERK'S REPORT ON OVER-CONTRIBUTIONS IN THE 2022 MARKHAM MUNICIPAL ELECTION: HERMAN GRAD

6.2

MARKHAMCITY CLERK'S REPORT ON OVER-CONTRIBUTIONS IN THE 2022 MARKHAM MUNICIPAL ELECTION RAJINDER MINHAS

7.

ADJOURNMENT

Moved By Kelly Gravelle 

Seconded by Angela Peco

That the meeting of the Joint Compliance Audit Committee adjourn at 7:18 PM.