Skip to main content
Jon Christensen
All meetings

Municipal Election Compliance Audit Committee

July 17, 2023 · 6,577 words of debate

The whole meeting, as text

Transcribed automatically from the City’s recording. Times run from the start of the recording, which begins before the meeting is called to order.

Read the full transcript (6,577 words)

0:04Okay, good afternoon. I'll call the meeting to order. My name is Steven O'Brien. I'm the city clerk here at the city of Guelph and

0:10I'm here to sort of walk the committee through section one on your agendas and for those that are watching at home

0:16And happy to call the July 17th 2023 meeting of the municipal election compliance audit committee to order

0:23Seated with me are members of the committee Ting Ting Sue Rosita C

0:28Robert Williams Carl Zaire and joining online on screen is Chris Fletcher

0:33The purpose of today's meeting is to consider the application filed by Amanda Turner with respect to the campaign finances of Ty Mac a

0:39candidate for Ward 1 in the 2022 municipal elections the first order of business as you'll see on the agenda is

0:47Will be as follows a First Nations acknowledgement disclosure of pecuniary interest

0:51We will I'll walk the committee through the election of the chair and vice chair and then I will happily turn it over to

0:57Whomever is elected as chair because as clerk it's awkward for me to be even starting a meeting like this

1:02And I'm happy to turn it over

1:04To whichever of the committee members is elected as chair

1:08So again, I'll start with the first nation's acknowledgement as we gather

1:11We are reminded that Guelph is situated on treaty land that is steeped in rich indigenous history and home to many first nations

1:18Inuit and Métis peoples today as a city

1:20We have a responsibility for the stewardship of the land on which we live and work

1:24Today we acknowledge the Mississauga's of the credit first nation of the Anishinaabek peoples on whose traditional territory

1:30We are meeting and with that I'll ask if there's any disclosures of pecuni and sorry pecuniary interest and the general nature of those disclosures

1:41And I'm not seeing any thank you

1:43And then moving to the election of chair and vice chair

1:46I'll look to the committee members to see if anyone would like to nominate someone amongst yourselves

1:50To serve as chair

1:52I'll recognize member Fletcher go ahead

1:55I'd like to recommend that Robert Williams be appointed as chair for the MECAT committee

2:02And do we have a seconder for that?

2:04Members there, thank you very much

2:06All those in favor

2:09Aries, thank you. Congratulations

2:12Chair Williams, I will take the opportunity to appoint the vice chair this time as well. Chair Williams just for

2:19expediency

2:20And so I'll look to the committee members as soon as we've done before anyone wish to move a member to serve as vice chair amongst yourselves

2:27Rosita

2:28I would like to nominate Carl Sair to be the vice chair, please

2:32Do we have a seconder appointing

2:34Members there as vice chair. Yeah member Fletcher. Thank you very much all those in favor

2:41Thank you very much that carries

2:44and with that

2:46Chair Williams, I'll hand it over to you

2:53That got me on. Okay. Good. We need to start with that

2:58Thank you, uh, go Brian. We have

3:02A procedure to follow here, which is spelled out in some ways in the legislation

3:07There's a lot of detail in there

3:09So we'll have to work our way through with the advice of of staff to make sure we do things the right way and

3:15following the city's own procedural

3:17bylaws as well, so

3:20There are some background pieces that

3:23We just need to remind those who are watching from afar and even in the room that that the the role of the

3:31committee the compliance audit committee is not to reach a decision

3:35About the application itself, but to determine whether the application should be sent on for an audit

3:43By an external party. So you're not going to get that kind of a decision today

3:48Although the committee has the

3:52Authority to turn down the application

3:55But that that is something we will get to

3:58Obviously through later through the afternoon

4:01so

4:02We'll move to the application

4:04requesting a compliance audit under section

4:0788.33 of the municipal elections act

4:10And I would like to really ask the applicant

4:13Apologies chair. If I can just interrupt. I do apologize

4:16If we can have the adoption of the minutes from the last

4:19Compliance audit committee meeting. So that's the meeting of may 15th 2019

4:23To be confirmed as recorded and without being read. I do apologize for that. Okay. I'll move that

4:30All right and a seconder for that

4:33Okay, we have razita seconding that

4:35Resultably all in all those in favor of adopting those minutes

4:40Okay, that's carried. Thank you

4:43Okay, thank you. So we will then

4:46Turn to the applicant Amanda Turner

4:49And the candidate time Mac who is appearing on screen

4:52Just to be clear the both parties

4:56Have

4:5710 minutes

4:58To speak and are to address their comments to the committee

5:03And I will

5:05Rely on on clerk's help to remind the speakers when they have 30 seconds left

5:10To to make their

5:12Remark to conclude their remarks. So I would like to call on the applicant Amanda Turner to address the committee

5:20Good afternoon. My name is Amanda Turner. My pronouns are she and her

5:28I am the applicant who submitted this request for compliance audit

5:32Before we begin, I would just like to thank all of you for taking time out of your day to participate in this process

5:38I would also like to extend my appreciation to the candidate for providing a written response that sheds further light

5:43On the topics raised in my submission

5:47As a wealth resident voter and taxpayer, I firmly believe that our election should be conducted with utmost transparency

5:53And it is with this in mind that I submitted my request for a compliance audit

5:59The grounds for my requests are rooted and publicly available information

6:03Including the candidate's financial statement and public campaign materials

6:09I have no insider information

6:11And I have no new information to bring to the table today outside of what was in my initial submission

6:17Nonetheless, I believe that the grounds outlined in my submission are reasonable and warrant further examination

6:25And lighted the candidates written response submitted last week. I would just like to emphasize a couple of points from my initial submissions

6:33Firstly regarding the candidates campaign contributions

6:37Transparency is of utmost importance when it comes to campaign contributions

6:42Particularly in a relatively small city like ours, where even a modest amount of financial support

6:48Can have a significant impact on advertising, signage and brochure coverage throughout the city during election campaigns

6:56When I looked at the campaign, the candidates financial statement

6:59Next to the candidates campaign materials, I could not help but raise concerns that in my view

7:04Warrant a more thorough examination

7:07Secondly with regard to expenses related to the candidates website

7:13I find the candidates explanation of this and his written response to be reasonable

7:17And I have no further concerns about it

7:20I once again want to thank the candidate for bringing this information to light

7:24Sorry about that

7:25Finally, I would like to draw attention to the fact that the municipal elections act has a purposely broad definition of campaign

7:36advertising

7:38Under section 88.31 it is defined as an advertisement in any broadcast print electronic or other medium

7:46That has the purpose of promoting or supporting the election of a candidate

7:52While the candidate rightly points out in his written submission that not all social media posts constitute advertising

7:58I submit that there is a clear distinction between personal facebook posts that one would make to their friends and family

8:04Posts that one would make to their friends and followers

8:08And the promotion of the candidates campaign through the cotton gulf facebook group

8:14The cotton gulf facebook group existed prior to the 2022 election

8:20It had a substantial following of over 30 34 000 people at the time of the election presumably many of whom would live in gulf

8:28And it is explicitly operated and marketed by the candidate not only as a community forum

8:33But also as an advertising platform

8:37The candidate sold sponsorship opportunities within the group to local businesses

8:41Displaying their logos in the group spanner image and making sponsored posts on their behalf in the group

8:47The candidate's website cotton gulf.com

8:51Includes a page specifically outlining advertising opportunities in the group stating quote

8:57Get the most value per advertising dollars spent with a cotton gulf community trusted sponsorship

9:03Just to be clear that there's no distinction between advertising and sponsorship here the sponsorship is it is advertising

9:11The candidate also acknowledged the advertising nature of the cotton gulf group

9:16In response to another candidate's inquiry about advertising opportunities

9:21On page seven of the candidate's written submissions

9:24He wrote in an email to another candidate who had inquired about advertising opportunities

9:30In the near future there may be equal sponsorship opportunities for all gulf municipal candidates

9:38There appears there to be some recognition on the part of the candidate even back then

9:42um, but what what he was doing in the cotton gulf group was advertising and um

9:48He subsequently declined to extend that opportunity to others based on his submissions

9:54Businesses pay to advertise in the group

9:57The candidate declined to allow other candidates to advertise in the group

10:01Yet promoted his own campaign in the group

10:04I would submit that this is advertising as described by the act and it should have been properly expensed as advertising

10:11Although social media plays an increasingly significant role in our elections

10:16At all levels of government it remains loosely regulated

10:21Therefore transparency in this realm is of paramount importance in order to

10:25Ensure the continued fairness of our electoral process

10:31Once again, I'd just like to express my gratitude to you all and

10:35For your time and consideration and for your patience. I've never done anything like this before. I'm rather nervous

10:41But thank you for your patience on that. Um, I'm here today to provide any necessary clarification

10:47On my submissions and to answer your questions to the best of my ability

10:52Thank you very much

10:55Thank you

10:56now members of the committee have an opportunity to ask questions of you

11:01And I will give the floor to

11:04any members of the committee who would like to

11:07Put those questions at this point

11:10Carl

11:12Thank you, mr

11:15You alluded to uh, the one this point a few moments ago, but I want you to clarify it with you or confirm

11:24Um, do you have any specific information?

11:28Uh, that donations were

11:31Taken or received rather by the candidate

11:36I do not have that specific information. Um, I only have what was publicly available, which was financial statements and um

11:44The candidates campaign materials, but I have no information beyond that

11:49Thank you. Uh follow up

11:51there are a number of

11:54documents that you provided in terms of website, uh or

11:58facebook

12:00so on

12:02related to the

12:04material that

12:07Mr. Mack was

12:10Doing online

12:13Was there anything in any of those documents or anything else that you could provide?

12:19that speaks to

12:21the the issue

12:23of receiving donations it appears that you're

12:27uh

12:29Your concern is that

12:32No donations were recorded

12:36Is there something more to that or is it about the

12:41Facification of the uh the costs that were in his financial statement. Uh, can you clarify that for us?

12:49With regard to the issue of contributions

12:52Um, it was the fact that donations were were solicited and the

12:58Such clear instructions were provided as to how to donate the fact that the candidate

13:02Was a well-known figure in the wealth business community the fact that there were hundreds of signs on lawns across the city

13:09The fact that he had a great deal of support on social media and a great deal of engagement. I was just so

13:15surprised to hear that not one

13:18Sent was received in contributions and it raised concerns with me that something had been missed

13:25But I don't have specific information on any one specific contribution

13:29Okay, thank you

13:34Sorry other members of the committee with questions

13:38The applicant all right seeing none and we will move on to uh

13:46Mr. Mack as the candidate who was again up to 10 minutes to

13:51Rest to speak to the committee and we will provide our reminder if we get to the end of that time

14:04I think uh, we're not hearing you

14:11Hi, can you hear me now? There we are now good. Thank you. Okay

14:14Um in regards to my submitted file the time act response and supporting evidence

14:20um

14:21So I I written here as a dear municipal election compliance audit committee members and members of the city clerk's office

14:28Please find below are my responses

14:30To the allegations against myself that was brought forth by word to resident

14:34Amanda Turner

14:35I respect the process available in our democratic society as noted in section 88.33 of the municipal elections act 1996 and

14:44I do want to thank everyone for uh being here today and allowing me to

14:49respond to this

14:52These allegations against myself and you know, I want to thank the committee members for taking the time out today

14:58I know it was a little task to gather everyone together and matching up schedules

15:02and you know, considering everyone's backgrounds and credentials is very impressive and I am honored to be uh

15:08presented in front of you today

15:10So I did make notes of each allegations towards myself as everyone has a copy of and

15:19General the generalization is that Amanda Turner hasn't presented any

15:23um

15:26Evidence that suggests I had received any donations from anyone. Um

15:32You know as a business owner I campaign on fiscal responsibility

15:37And as such I didn't enter into a campaign dependent on donations. I put out donation

15:43requests and solicitations as with any other candidate would and any municipal election

15:48But it doesn't mean I received any why I didn't receive any maybe people thought I didn't need any or maybe I didn't have that support

15:55regardless, I didn't win the election

15:58and and it's shown there. So I don't feel that my

16:01campaign was

16:04extravagant and advertising or spending it was relatively simple

16:08um, I did some facebook advertising

16:10uh through my campaign

16:12Facebook page and also um a little bit of google advertising, which wasn't very uh

16:18I got extensive in that regard. So I have provided

16:23um all of my finances that adds up and I classified it under the advertising

16:30Um section and the other thing I want to point out is that

16:35um regarding the website cost although it did satisfy Amanda's um inquiry

16:40I you know, there were many other candidates who also didn't list

16:44their website or um some people didn't

16:48file their finances at all and I find that to be a much larger issue. But yet the same um

16:55applicants who was quite vocal about my candidacy during the election

16:59I brought these allegations towards myself. So I feel that it is possibly

17:04uh vindictive in nature and you know like

17:08with my supporting evidence and her lack of evidence, I feel that

17:13um this hearing you know is unjust and and

17:19at this time I would request a uh dismissal based on a lack of evidence

17:24and also regarding the advertising in the social media group I had explained there

17:29how in um my meeting with uh the city clerk's office, Steven O'Brien and

17:36Jennifer Slater, we did have that discussion and it was you know in agreement that it is a very gray area

17:43um

17:44So even if I wanted to register the Facebook group as a third party advertiser, there was no defined

17:52uh definition that would qualify the group to register

17:55and at the same time, I didn't do any actual paid political advertising. So to err on the side of caution, I kept everything apart from that

18:04and being an admin of a group, um I did communicate to the group that I was running into the

18:10running for council and you know in such because I am um the admin of the group, I want to let people know

18:18hey this is what I'm doing, you know who I am, but I did not

18:22explicitly solicit a yes or no um answer. I didn't say hey vote for me constantly in that regard. So

18:30going through the social media post, I don't find there to be any conflicts that would require me to register as a third party advertiser

18:42So apart from that, I feel that the file I had submitted

18:48is a fairly good explanation of my finances as well as

18:56the definitions on why I didn't need to register as a third party

19:00political advertiser.

19:06Does that conclude the remarks you wish to make to the committee at this point?

19:10Yes, I believe so. If there's any further questions then I'd be happy to try and answer that

19:16Okay as we've done a few moments ago, members of the committee are free to ask questions of the candidate at this point

19:25Are there any such questions?

19:29Yes

19:30Mr. Mack, can you please let us know um for the advertising expense of $3,310

19:36Do you have a detailed breakdown of what makes up that amount?

19:40Yes, I do. In my file submitted

19:43I have

19:50$1,000 sorry it's on page eight

19:54So $1,000 was for the website and that includes the HST

20:01$2,196.26 for Facebook advertising

20:07And there is also a breakdown of all of the campaigns for the Facebook advertising

20:12And then $114.44 for Google AdWords and there's a screenshot of my entire 2022 Google AdWords spending

20:23So that adds up to $3,310.70

20:28And as I had mentioned my campaign was relatively simple. There wasn't anything extravagant apart from that

20:38Any follow-up questions?

20:44Yes, just a clarification on the answer to that you mentioned on page eight

20:51I think we hit seven pages. So I'm not sure

20:55What is being referenced

21:00Sorry, maybe I'll jump in I apologize candidate Mack

21:03I can confirm that online there are full 11 pages to mr. Mack's submission

21:09I'll confirm if there's an error in the in the package you received members there. All right, okay

21:14Oh

21:15Yeah, that'd be very relevant if

21:18They're missing pages eight to 11 because I have a lot of information on those just not in front of me. Okay. Thank you

21:26I have some other questions, please

21:29um

21:32on the face of the

21:34the claim

21:36that um and the report itself

21:40indicating that there are no

21:42Donations other than yourself mr. Mack or you or your uh, your spouse

21:50It was very unusual having been involved in some political campaigns. I understand that that is a very

21:57unusual situation

21:59um, so I'd have to ask

22:02Although it may or may not be

22:04Pertinent because I will get to see that

22:07Why did you solicit donations?

22:10if you if I was

22:13If I were to if I were to um receive additional

22:18Uh funding for my campaign then I would certainly put that to use

22:24But apart from that I would be limited to my existing spending

22:28My uh spending limit. Sorry

22:31Yeah, and that was a significant amount. Um

22:358300 dollars and change

22:37Yes, so my my total spending

22:41was

22:44Um, I believe well below that so yes, yes

22:51So did you receive any queries about?

22:54um

22:56The process of donations either on facebook or verbally

23:01Or in any other way

23:03No

23:07My solicitation my solicitation for donations online

23:12um through my website and also through uh my facebook post

23:17Received zero inquiries of any kind

23:20Okay, thank you

23:23and um

23:28I guess it may be a moot point, but I still have to ask the question

23:32Uh, did you return any donations that you deemed that you were not going to accept for any reason whatsoever?

23:41I couldn't return anything when none had been received

23:44Okay

23:45I also want to make note that during my campaign

23:50There was a lot of negative press towards myself

23:53And with such negative press that may have contributed to people being hesitant on making any such donations

24:04There was a claim that was made and it uh, it may or may not be relevant, but it's it's in the report

24:10Um by miss turner that there were some comments today

24:16Some

24:17candidates

24:19Were declined the free advertising on the website that was referenced. Is that true?

24:27So uh ward two resident erin

24:30Captain she was also running for ward one and she had inquired about uh political advertising for her campaign

24:37On the social media facebook group that I run

24:40um

24:41prior

24:43Prior to that I had a meeting with uh, steven with a city clerk

24:47Stephen o'brien and jenniforce later. We had discussions about

24:52um, if my social media facebook group would

24:56uh qualify for third party advertising and in our discussions, we weren't able to conclude whether

25:03It fit any definitions, uh required by law if um, if I would need to do that

25:11So to err on the side of caution I decided not to and my response to erin chatton in the email as uh shown in my

25:20Package there. Um, it was a democratic response. I didn't admit that. Hey, there will be advertising later

25:27It was a um, you know late response that says there may be equal opportunities later on

25:33So that was my play way of denying

25:36any such political advertising

25:39Okay, thank you. I think that's all right. Yeah

25:46thank you

25:47any other questions from the

25:49members of the committee

25:58I wanted to just clarify a point that came up. I believe in the original submission from a man detainer about at some point

26:06Uh, you you stepped out of the campaign or you stopped your campaign

26:11Uh, there was a reference to that and you've replied. I just can't put my hands on it right now

26:15Can you explain what that was all about and and uh, how you address that in in uh,

26:21Your response and we may go back to Amanda Turner later just to clarify why she raised that particular point

26:29Um, so Amanda Turner was concerned that if I had received any donations

26:35Then when I had paused my campaign then I would be required to have refunded any such contributions received

26:43now

26:44there were

26:46During during my campaign

26:48The news media put out a report that about my previous

26:53Google reviews that may have been

26:55Reflected negatively on the lgbt community and then I was getting a lot of negative feedback from that

27:01So at the time I had stepped back from my campaign

27:05um, but it was also passed the deadlines on

27:09Any such withdrawal and I never communicated in any way shape or form with the city clerk's office about

27:16stopping my campaign or my withdrawal

27:19so

27:20It was only at surface value where I had put a pause on the campaign

27:26But it was in unofficial in nature

27:29And as such in addition to not having received any

27:33Contributions there was none to return

27:36to refund

27:38Thank you. All right any other questions from

27:42committee

27:43members there

27:45Thank you. I was just looking at the pages eight and nine that you referenced. Uh, mr. Mack

27:51um, first of all

27:53At what date did you register as a candidate? Sorry. I should be looking at the screen

27:59um, it was the first available day. I believe that was may second

28:022022

28:04a second, okay

28:06and

28:08the uh repetitive

28:10amounts of 113 dollars

28:14Um, what is that reference?

28:17um, so when I run a

28:19Google, uh, I'm sorry when I run a facebook ad campaign there are payment thresholds

28:25So if I have a campaign that says, you know, I'm going to run it $10 a day or $20 a day

28:32It'll keep this through it'll

28:35Keep building up until I reach a certain threshold and then I get billed. So right now that threshold is 113 dollars

28:42So once I hit that threshold, then I get billed each time

28:46but

28:50In that entire in that entire list that may be like, you know, two campaigns

28:55Okay, so that would be the answer then that the earlier amounts back in june of 2022

29:03Uh, the who were smaller amounts and simply beginning the campaign at that point in time

29:08Yes

29:12and

29:13When did you so there there is I'm sorry there is I believe there is a

29:17A dollar threshold as well as a date threshold. So

29:23Whichever whichever comes first

29:26What date did you withdraw even though you technically could not withdraw?

29:32And what date did you read then?

29:35Say it was back in the race

29:38I believe it was september 7th or september 9th when I had um

29:44Announced my pause in the campaign

29:47And then I believe it was the 13th when I had resumed

29:52Of of uh, september, of course. Yes. Yes. So it was I think it was barely a week

30:02Okay, so during during that time, um, our family received a lot of uh, harassing, you know emails

30:10Uh messages on social media

30:12Um, you know some threats and stuff. It was really bad. So that's why we had put a hole on that campaign

30:20Thank you other questions

30:27Please just a follow-up question on the expense here. So from may 2nd to june 15th, there's no

30:35Advertising expense on facebook

30:39I'm correct

30:43so when I first uh registered I didn't

30:46Publicately announce right away. I just kind of kept it quiet into myself and then closer and closer to the election date is when I started ramping up

30:56My advertising campaigns

31:04I just felt that back in may it was just too early to begin any sort of advertising

31:10right

31:12any other questions

31:19Seeing none, uh our procedure if I follow correctly. Mr. Clerk is that

31:24Uh, we could call on Amanda Turner to see if she has further responses to make to what she's heard

31:31In this uh, in this information in the last few minutes

31:35So, uh, please if you have some comments and and candidate mac will also have a chance after you've made your comments

31:42Um, I I don't have too terribly much to add at this point in time

31:47I will clarify I'm award three resident not award two resident

31:50But I understand how that happens because I'm like right on the borderline. That's not significant

31:55um

31:57With regard to to the the lack of contributions possibly being a result of negative press, um

32:03The negative press I believe began in september and the candidate began campaigning in may

32:08So for the majority of the campaign there was no negative press the election was in uh

32:14In october I believe somewhere around the 22nd. So

32:19Just to clarify that there there was certainly a window of time where that would not have been a factor

32:24Um, I don't believe I have anything else to add at this point in time though. Thank you very much

32:30okay

32:32And any questions to uh, Amanda Turner from the committee

32:36Based on those remarks

32:39Okay candidate mac do you have anything further to add?

32:42um the

32:44I got I got her being a ward two resident from the one of the gulf today

32:49Articles they had mentioned that in a previous article and like I can send through that link

32:54afterwards

32:56But that's where I got that information from as well as

33:01Hmm

33:05I guess I guess one other question is if uh

33:08Ms. Amanda Turner may have had any

33:10assistance

33:12In creating this application upward from herself

33:17I'm not persuaded that that's a relevant question for this committee to consider

33:23Um, I I guess my

33:26My question refers to um if it may be a you know a team effort in the

33:35The possibility of this being a vindictive

33:38motive

33:39again, I

33:40My my sense is that that is not part of the mandate of this committee. We're examining

33:46financial matters the motives behind any application

33:50Are not within our purview to review or or necessarily even to consider

33:56In the word I understand I understand that's okay. Thank you

34:04I don't know if this is an appropriate

34:07Strategy to follow I want to put perhaps put the clerk on the spot a little bit back to the question of no donations

34:15Clearly the clerk and his his office reviews the submissions made by candidates

34:21after each election and I'm just wondering whether

34:25The idea that that a candidate reports absolutely no donations at all from outside of her or his family

34:34Is is a a typical pattern in guelph or whether

34:38It's whether this is something that is specific to this particular case

34:43Again, this is a matter

34:45materials that are on the public record and they may not be at your fingertips, but I'd be curious about your your

34:51understanding of of this

34:54situation

34:55Yeah, thank you very much for the question chair williams and and to the committee

34:58What I'll start off is sort of explain a little bit of the process that we have in place when we receive the financial statements from the

35:03candidates

35:04We view our role in in this case and I think the act contemplates our role in this case as really a conduit or a

35:11receptacle to through which those financial statements are received

35:14We're validating information on those forms that is

35:18That we have for lack of a better term. We have an ability to to monitor and regulate so cases in point the date of mr.

35:25max campaign commencing

35:28The date that the campaign period ends

35:30um

35:32We're we're validating the spending limit that is provided through our office. So so

35:37Members of the community might not be aware, but I know that that mr. Mac is

35:41That every candidate has a set spending limit. That's a prescribed formula in the legislation

35:44So we're validating those pieces of information

35:47And really we're we're supporting the the signing of the declaration on that form

35:52Which is to say that the candidate declares that to the best of their knowledge and belief that those financial statements and the attached

35:58Supporting schedules are true and correct. So we're supporting that process

36:03As it relates to the specifics around around, you know in the financial statement on page two

36:08The income section again, we're deferring back to that declaration that they're declaring

36:12It's true and correct to your question chair williams about whether or not it's common

36:17to

36:18pardon me to not receive

36:20donations outside

36:22of a candidate or their spouse

36:24Uh, guelph is a growing community. So at times we see we see candidacy for office that is

36:31Simply a self-funded which is to say by the candidate and or their spouse and at times we see

36:37contributions from a wide range of eligible contributors and so

36:41It's difficult for me to pinpoint specifically, but we do have instances of both

36:44I would say and have had experiences with both types of campaigns

36:49In past election cycles

36:51Thank you. I'm could I I'm sorry. Could I also add that on page 10 of my file?

36:57Um, I did list at least 14

37:00self-funded candidates in this campaign as well

37:03the only candidates I didn't uh

37:06actively list were uh school board trustees

37:11So my self-funded campaign is absolutely not unique in the 2022 election

37:17There were 14 others who also did not list

37:20donations received

37:22Hey, thank you

37:24helpful for the committee to be reminded of that part of the document

37:28Hey, mr. Clerk are there other

37:33Do we need to do another round of questions? I don't believe we have uh

37:38Any further questions from the committee to either the applicant or the candidate?

37:49So I'll go back to my script. Yeah, no in mr. Chair. If there's no other questions

37:53Or information that either the candidate or the applicant wishes to provide

37:57Now is an opportunity to floor to turn the floor over to the committee to deliberate as you see fit

38:03There is the ability under section 88.335.1 of the mea

38:08That the that the meeting shall be open to the public

38:10But you do have the ability to to move and resolve to go into a closed meeting if you'd like

38:16Our default is always to provide as much of the discussion deliberation and open

38:20But again, the committee has the right and the ability to move into closed

38:24Especially if you're nearing perhaps the the point in time, mr. Chair where you might want to

38:30Contemplate the written reasons for your decision or whatever decision you might come to

38:35Okay

38:37So part of that then would be whether the members of the committee would prefer to

38:44Do things in in this forum or perhaps to move into closed session perhaps

38:51Again, if i'm following the script here are are there preliminary comments that any members

38:56Of the committee wish to make at this point to help us make that determination

39:02And i'm going to start with the tzing zing too if you wouldn't mind please do you have any general comments you want to make about

39:09About the case in front of us

39:13No, okay

39:15Was it yeah, no, no, but I would like to uh move into a closed

39:20Okay, thank you members here

39:24And member Fletcher and he nothing additional

39:28Okay, and and I I am inclined to follow that direction. I think

39:33Just for the sake of all of those who are watching and listening these are never very straightforward cases and there are lots of

39:41ifs ands and buts and and

39:43exceptions and this that and the other that the legislation

39:47Sometimes treats and sometimes doesn't and I think

39:50Given that this is a relatively new process

39:53In ontario that we need to be sure that we're acting

39:57appropriately and and dealing with

39:59information and

40:00way that is fair to both the applicant and the candidate that that some of that requires

40:06I think a little bit of confidentiality for lack of a better word to get our own feet

40:12under us in terms of how we want to handle this and how we want to bring back a decision

40:18that is fair to all parties. So I think our sense would be that Mr. Clerk that we would

40:26be anxious to have a chance to do that in camera.

40:30Certainly Mr. Chair, I will mention just publicly for the for the benefit of those viewing online

40:35and the candidate and the applicant and obviously committee members there will need to be a motion

40:39to that effect but really effectively it's moving into a closed session that is pursuant

40:43to section 239 2G of the municipal act which is in relation to a matter in respect of which

40:49this this committee may hold a closed meeting under another act and that act is the municipal

40:54elections act being section 88.33 sub 5.1. I'll turn it over to you to seek a move on

41:01her second and move into close and if I may just before we move for the benefit of those

41:05are attending online especially candidate Mack and member Fletcher for member Fletcher

41:09she will have a link to follow to move into close so member Fletcher you can leave this

41:14meeting and join that closed session to you candidate Mack you'll see a screen splash

41:20up that you may have seen if you've watched some council meetings that will demonstrate

41:23and show that this committee has moved into a closed session the same it holds true for

41:27members of the community they're watching online so we will resolve back into an open

41:31session following the discussions of the committee they may wish to render a decision at that

41:37point or they may reserve time to do that further but I just wanted to make sure everyone's

41:42aware of sort of what's coming next for the benefit of those in attendance and with that

41:46very wins I'll turn it back to you. Thank you. Member Fletcher did you have a comment

41:50to make about the motion or did you want to move it because I'm willing to move the

41:54motion please. Okay I have one other comment first if you don't mind if we can slightly

41:59irregular members there has a point that he would like to make before we take the motion.

42:05Yeah it was simply to emphasize the point but this is for public purposes that we are

42:13compelled to give a written report and it's important that that be in the the order and

42:19the form that is acceptable to the legislation. Thank you good so the the motion basically

42:29is to move to closed session pursuant to section 239 2g of the municipal act for a matter which

42:38the which falls under the qualification for a closed meeting not reading it directly but close

42:47enough I think we know what we're after. Member Fletcher has has moved that the committee hold

42:52a closed meeting pursuant to the act to discuss this matter do I have a seconder for that motion

42:59Rosita would second that motion and then I'll call the question all those in favor of the motion

43:06so that's carried so the committee will now move into closed session and we will do that

43:11in a separate room and the information that the clerk provided will help any members of the public

43:17return to this meeting when we've had our chance to reach a decision about the next step thank you

1:39:33Just for everyone in attendance, we're just waiting on one member of the compliance audit committee to rejoin virtually and then we'll begin once member Fletcher joins.

1:39:42I'd like to reconvene the committee meeting in open session.

1:40:03The compliance audit committee has risen from closed session where we deliberated.

1:40:08In relation to section 88.337 and 8.

1:40:13Of the municipal elections act and the committee renders its decision.

1:40:18As follows that the request for compliance audit review of time acts 2022 election financial statement be rejected.

1:40:29The committee has determined that we have not been presented with reasonable grounds.

1:40:35To request an audit.

1:40:38We have then a motion to that effect.

1:40:42I believe on the screen.

1:40:46Was on the screen.

1:40:48But do I have a mover for that motion?

1:40:56Members there and a seconder. Thank you.

1:40:59And any vote on that?

1:41:02And we've.

1:41:04Okay, we'll have the vote on that motion.

1:41:06All those in favor.

1:41:09Any opposed. So that motion is carried.

1:41:12I will advise that we have an obligation under section 88.338 of the municipal elections act.

1:41:20Provide brief written reasons for our decision.

1:41:24Those written reasons for our decision will be provided.

1:41:28As part of the publication of the minutes of this meeting.

1:41:32Which will occur on July 25th.

1:41:352023.

1:41:38Thank you for your participation. Are there any comments?

1:41:42Or observations from members of the committee with that, I'll look for a mover and a second year for adjournment.

1:41:51Like member Fletcher.

1:41:52Members see.

1:41:53I move adjournment.

1:41:55Thank you.

1:41:56And second it. So.

1:41:57All those in favor.

1:42:00Motion is carried. Thank you everyone.

1:42:05Thank you so much.