JasonParis
Moderator
Lobbyist list finally online
Feb 11, 2008 04:30 AM
TORONTO STAR
Vanessa Lu
City Hall Bureau Chief
After years of delays in implementing a lobbyist registry at Toronto city hall, it finally goes online today.
The registry – the first for any Canadian municipality – is supposed to make government more open and transparent. Anyone can log on to the main city website and see which lobbyists are talking, emailing or meeting with councillors or senior staff on a particular subject.
It was one of the key recommendations by Madam Justice Denise Bellamy after the $17 million inquiry into the MFP leasing scandal, where it was revealed that lobbyists seeking a computer leasing contract wined and dined staffers and politicians.
Even though the recommendation was made more than two years ago, the registry – with five staffers – is only going into effect now. There were delays over who would be required to register and approving the $711,000 annual budget for the office.
"It's finally coming to fruition," said Councillor Peter Milczyn. "This is something that the public has wanted for a long time. It's good. It's about time."
Under the rules, any lobbyist must register first before having any contact with a politician or city official.
Trade unions are exempt except in cases where they are discussing issues not related to existing contracts. As well, non-profit groups also generally do not need to register unless they receive a financial grant from the city.
"There are too many exemptions," said Councillor Case Ootes, who opposes letting union officials off the hook. "Our biggest cost is labour costs. If a union is lobbying, why shouldn't it be known that they are talking to someone?"
Councillor Adam Giambrone said under bargaining rights, unions are allowed to talk to the employer without registering. However, if officials of CUPE 416, a civic union, wanted to talk about ensuring Canadian content in purchases of subway cars or streetcars, they would be required to register, Giambrone said, noting that union does not represent TTC employees.
Milczyn is also concerned that the bylaw does not require a non-profit environmental group to register but a business would. For example, in a battle over a pesticide bylaw, the Toronto Environmental Alliance would not register, while lawn-care companies would.
Both Milczyn and Ootes believe this registry would not necessarily prevent a scandal like MFP, where the $43 million leasing contract ended up costing more than twice that.
"Those that want to do wrong are not prevented from a registry. They will find a way," said Ootes.
Milczyn added that just because a lobbyist is registered, it doesn't prevent undue influence on a councillor or staffer.
"If people are meeting in underground parking lots with envelopes of cash, I don't know if it matters that they register," he said, a reference to allegations that MFP salesman Dash Domi gave then-councillor Tom Jakobek $25,000 in the city hall parking garage.
In her report, Bellamy said there was enough credible evidence to find Domi gave Jakobek a cash payout.
Under the new lobbyist registry, there is a fine of up to $25,000 for the first offence and $100,000 for subsequent offences for lobbying without registering.
However, lobbyist registrar Marilyn Abraham acknowledges enforcement will be difficult due to a lack of staffing resources.
"Our focus is on education," she said. "It's about transparency and disclosure."
Guy Giorno, a lawyer at Fasken Martineau who specializes in lobbying law, says enforcement is the key.
"There's no sense of a bylaw unless there are the resources to enforce it," he said.
Feb 11, 2008 04:30 AM
TORONTO STAR
Vanessa Lu
City Hall Bureau Chief
After years of delays in implementing a lobbyist registry at Toronto city hall, it finally goes online today.
The registry – the first for any Canadian municipality – is supposed to make government more open and transparent. Anyone can log on to the main city website and see which lobbyists are talking, emailing or meeting with councillors or senior staff on a particular subject.
It was one of the key recommendations by Madam Justice Denise Bellamy after the $17 million inquiry into the MFP leasing scandal, where it was revealed that lobbyists seeking a computer leasing contract wined and dined staffers and politicians.
Even though the recommendation was made more than two years ago, the registry – with five staffers – is only going into effect now. There were delays over who would be required to register and approving the $711,000 annual budget for the office.
"It's finally coming to fruition," said Councillor Peter Milczyn. "This is something that the public has wanted for a long time. It's good. It's about time."
Under the rules, any lobbyist must register first before having any contact with a politician or city official.
Trade unions are exempt except in cases where they are discussing issues not related to existing contracts. As well, non-profit groups also generally do not need to register unless they receive a financial grant from the city.
"There are too many exemptions," said Councillor Case Ootes, who opposes letting union officials off the hook. "Our biggest cost is labour costs. If a union is lobbying, why shouldn't it be known that they are talking to someone?"
Councillor Adam Giambrone said under bargaining rights, unions are allowed to talk to the employer without registering. However, if officials of CUPE 416, a civic union, wanted to talk about ensuring Canadian content in purchases of subway cars or streetcars, they would be required to register, Giambrone said, noting that union does not represent TTC employees.
Milczyn is also concerned that the bylaw does not require a non-profit environmental group to register but a business would. For example, in a battle over a pesticide bylaw, the Toronto Environmental Alliance would not register, while lawn-care companies would.
Both Milczyn and Ootes believe this registry would not necessarily prevent a scandal like MFP, where the $43 million leasing contract ended up costing more than twice that.
"Those that want to do wrong are not prevented from a registry. They will find a way," said Ootes.
Milczyn added that just because a lobbyist is registered, it doesn't prevent undue influence on a councillor or staffer.
"If people are meeting in underground parking lots with envelopes of cash, I don't know if it matters that they register," he said, a reference to allegations that MFP salesman Dash Domi gave then-councillor Tom Jakobek $25,000 in the city hall parking garage.
In her report, Bellamy said there was enough credible evidence to find Domi gave Jakobek a cash payout.
Under the new lobbyist registry, there is a fine of up to $25,000 for the first offence and $100,000 for subsequent offences for lobbying without registering.
However, lobbyist registrar Marilyn Abraham acknowledges enforcement will be difficult due to a lack of staffing resources.
"Our focus is on education," she said. "It's about transparency and disclosure."
Guy Giorno, a lawyer at Fasken Martineau who specializes in lobbying law, says enforcement is the key.
"There's no sense of a bylaw unless there are the resources to enforce it," he said.
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