Code of Conduct Complaint Protocol s.

2(3) Formal Complaint Procedure

Affidavit
AFFIDAVIT OF Duff Wilson Conacher
I, Duff Wilson Conacher of the City of Ottaa in the Pro!ince of Ontario
"#$% O#&' #(D )#* +or AFFIRM,-
.. I ha!e personal /noled0e of the facts as set out in this affida!it, 1ecause I ha!e read nes
articles concernin0 the acti!ities descri1ed in this affida!it.
2. I am filin0 this affida!it complaint to the City of &oronto Inte0rity Commissioner in my role as
a mem1er of the 1oard of directors of Democracy Watch.
3. I ha!e reasona1le and pro1a1le 0rounds to 1elie!e that to mem1ers of &oronto City Council,
2o1 Ford and Dou0 Ford, may ha!e contra!ened the folloin0 rules set out in the Code of
Conduct for "em1ers of Council (the 3Code of Conduct4). &he particulars are as follos-
(a) )ection III of the Code of Conduct states that it applies to all mem1ers of
council 3(includin0 the "ayor)4.
(1) )ection 5 of the Code of Conduct 6 3Confidential Information4 77 prohi1its
mem1ers from usin0 3confidential information for personal or pri!ate 0ain, or
for the 0ain of relati!es or any person or corporation.4
(c) )ection 5III of the Code of Conduct 6 3Improper 8se of Influence4 77 prohi1its
3the use of one9s status as a mem1er of Council to improperly influence the
decision of another person to the pri!ate ad!anta0e of oneself, or one9s parents,
children or spouse, staff mem1ers, friends, or associates, 1usiness or otherise.4
(d) )ection I: of the Code of Conduct 6 3;usiness 2elations4 6 states that 3#
mem1er shall not refer a third party to a person, partnership, or corporation in
e<chan0e for payment or other personal 1enefit.4
(e) )ection :III of the Code of Conduct 6 3Conduct 2espectin0 =o11yists4 6 states
that 3mem1ers of Council should not en0a0e /noin0ly in communications in
respect of the list of su1>ect matters contained in the definition of 3=o11y4, as
set out in Chapter .?@, ith a person ho is not re0istered as reAuired 1y
Chapter .?@.4
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(f) %!idence has 1een made pu1lic 1y the Globe and Mail (the 3Globe4) that can 1e
summariBed as follos. #s a Cune D, 2@.? article in the Globe states 3From
"ay 2@.. to Cune 2@.., Councillor Ford met three times ith lo11yists from
Donnelley Canada, ho ere see/in0 to re!ie and ta/eo!er part of the city9s
EF7million in7house printin0 operation, accordin0 to the lo11yist re0istry and
documents o1tained throu0h the Freedom of Information #ct. #round the same
time, one of those lo11yists, a Donnelley official named ;arry Waddic/, toured
the Fords9 manufacturin0 facility and as arran0in0 to refer Donnelley
customers in need of la1els to their family 1usiness +Deco =a1els and &a0s,,
accordin0 to a former Deco !ice president, =eonard 2udner.4
(0) # Cune ?, 2@.? Globe article states that at "ayor 2o1 Ford9s reAuest, 3the city9s
director of purchasin0 at the time, =ou Pa0ano, met ith Donnelley
representati!es and the Ford 1rothers in the mayor9s office.4 &he meetin0
occurred on Cune .G, 2@...
(h) #nother Cune ?, 2@.? Globe article states that 3On Cune 3@, +2@.., fi!e
Donnelley e<ecuti!es, includin0 "r. Waddic/, met ith se!eral city purchasin0
officials to continue the discussion a1out the municipal printin0 operations. "r.
Ford as/ed to 1e /ept apprised of the discussions.4
(i) #ccordin0 to the Globe articles, the City of &oronto employees in!ol!ed in the
meetin0s ere not told that Donnelley as de!elopin0 1usiness relations ith
the Fords9 family 1usiness.
(>) # separate situation is also documented 1y a "ay .2, 2@.? Globe article , hich
states that- 3"ayor 2o1 Ford and his councillor 1rother Dou0 Ford helped one
of the customers of their family 1usiness to lo11y the city9s hi0hest ran/in0
1ureaucrat for a special property ta< 1rea/ and repeatedly inter!ened ith city
staff ithout disclosin0 the company had a commercial relationship ith the
Ford family.4
(/) &he 1usiness in this situation is #pollo 'ealth and ;eauty Care (3#pollo4), for
hich the Ford family 1usiness has manufactured la1els for se!eral years, 1ut
accordin0 to City of &oronto employees cited in the "ay .2
th
Globe article, the
Ford 1rothers ne!er disclosed this 1usiness relationship to them.
(l) #ccordin0 to the "ay .2
th
Globe article, representati!es of #pollo met ith city
officials se!eral times a1out se!eral issues, ith the inter!ention of 2o1 Ford
and Dou0 Ford se!eral times.
(m)I ha!e chec/ed the City of &oronto lo11yin0 re0istry, and I ha!e found no
re0istration for #pollo. It seems under clause ;(3) of the definition of 3=o11y4
in su1article .?@7. of the &oronto "unicipal Code, Chapter .?@ =o11yin0, that
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#pollo should ha!e 1een re0istered as a lo11yist for these communications,
0i!en that clause ;(3) states that 3to lo11y4 includes 3+t,o communicate ith a
pu1lic office holder on. . .4 3(3) #ppro!in0, appro!in0 ith conditions, or
denyin0 an application for a ser!ice, 0rant, plannin0 appro!al, permit or other
licence or permission.4 'oe!er, 0i!en the lar0e loophole in the re0istration
rules under su1section % of su1article .?@7G in Chapter .?@, it may 1e that
#pollo as not reAuired to re0ister as a lo11yist for these communications.
(n) I 1elie!e that the facts set out a1o!e in (f) to (l) raise serious Auestions a1out
hether 2o1 Ford and Dou0 Ford ha!e !iolated, throu0h !arious actions, the
rules in the Code of Conduct for "em1ers of Council cited a1o!e in (1) to (e),
especially 0i!en that the mayor and city councillors are e<pected to uphold hi0h
ethical standards as esta1lished 1y to statements of principle in the Pream1le
to the Code.
(o) &he Pream1le to the Code of Conduct includes statements of principle that 3underline4
the Code of Conduct, includin0 the folloin0 statements-
"em1ers of Council should 1e committed to performin0 their
functions ith inte0rity and to a!oidin0 the improper use of the
influence of their office, and conflicts of interest, 1oth apparent and
real, andH
"em1ers of Council are e<pected to perform their duties in office
and arran0e their pri!ate affairs in a manner that promotes pu1lic
confidence and ill 1ear close pu1lic scrutiny.
3. &his affida!it is made for the purpose of reAuestin0 that this matter 1e re!ieed and
for no other purpose.
#FFI2"%D 1efore me at the )
City of Ottaa )
in the Pro!ince of Ontario on )
Cune , 2@.? )
IIIIIIIIIIIIIIIIIIIIIII ) IIIIIIIIIIIIIIIIIIIIIIIIIII
+Signature of commissioner, ) +Signature of affiant,
# Commissioner for ta/in0 affida!its, etc. )
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