pud99
Senior Member
It's true that the motion was to "request" -- that distinction was the reason the city solicitor advised the speaker that the motion was in order. But Perks was right to expose that RoFo was hypocritically attempting to punish Augimeri. The intention is the same, whether the means is an unenforceable order or merely a request that could be ignored. It's the same degree of technical nicety that got RoFo off the hook in his appeal. Perks's point was that if RoFo felt a monetary punishment was good for Augimeri, it should have been good for the MINO.
Dense-head Mindless Wrong was even more obvious in speaking to his own amendment -- at least twice, he used the words "punish" or "punishment," and so did at least one other councillor during the debate.
A couple of councillors made the point that filing an integrity complaint is dead simple and does not require a lawyer's advice. Cusimano probably ran straight to a lawyer to talk about defamation suits and got advised to try the IC route first. If someone can't manage to shepherd an IC complaint through the process of getting an apology without needing a lawyer, you gotta wonder if they should be making decisions on $9B budgets. The thing is, Cusimano did break the election laws, in a big way; Augimeri overstepped in calling him a "criminal" in the strict legal sense that those laws are not part of the criminal code. If she had simply called him a law-breaker, I don't think he'd have had a leg to stand on. And for him now to be asking taxpayers to pay his (probably unnecessary) legal bills? Unsavoury gravy!
1. In my experience, a "technicality" often is just a legal rule disliked by the person who brands it as such. Council was free to make the request but not to make an order. That is a very substantive difference. I certainly would not regard it as a technicality if I was on the receiving end. (That they rejected Ford's motion speaks well of their judgment; clearly the "Mayor" was playing for attention, not caring a wit about any principle, much less the paltry sum.)
2. Actually, as much as I dislike DMW, punishment is the correct term. Any order imposed by Council on one of its members in consequence of a breach of the Code is a "penalty". (What kinds of orders can be imposed as a penalty is a different question, dealt with in the COI case.)
3. Whether the City's policy should include compensating complainants whose complaints are upheld is a very valid question. As you know, Matlow was ruled out of order when he tried to move to delete that from the policy. But, as of today that is the policy, and it is not conditional (there is no 'unless Council thinks you did not need a lawyer's help'). It would have been unprincipled - one could say, Ford-like - for Council to have changed the policy today in order to refuse to compensate Cusimano (or anyone else in his position). I would prefer that Cusimano be a sleaze for not foregoing the compensation that he is entitled to claim under the existing rules than that Council be thought to be so sleazy as to try to change the rules after the fact. (One hopes that Matlow, or if not him someone else, will reintroduce his motion in the next term.)
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