Complaint alleges Councillor Giorgio Mammoliti improperly used city resources
Mammoliti has been accompanied by a member of his staff during an appeal at the OMB where he is acting as a private citizen.
Thestar.com
Oct. 13, 2017
By Jennifer Pagliaro
A complaint to the city's integrity commissioner alleges Councillor Giorgio Mammoliti is improperly using city resources in an appeal where he is acting as a private citizen.
Mammoliti is one of several people who have appealed council's decision on new ward boundaries at the province's Ontario Municipal Board, a land use planning tribunal.
Toronto resident Tyler Johnson told the integrity commissioner's office that at least one member of Mammoliti's staff, community relations and issues specialist Jason Wang, was assisting with the appeal and that other staff members may be helping also.
Johnson filed the complaint Friday.
"Council's code of conduct states city councillors cannot use their office or city resources for anything other than business of the city," Johnson said in an email. "If Mammoliti is at the OMB as a private citizen, he shouldn't be using city resources."
Mammoliti did not respond directly to questions from the Star about the use of his staff at the appeal.
But he called the complaint "frivolous" and an attempt to silence him by those he said are in favour of a larger council.
"So in response to those that want to silence me; 'bite me Mammo style, I am not going anywhere,'" he wrote in an email response which he copied to several other media outlets.
Wang did not respond to a request for comment.
Johnson works for the Toronto District School Board and attended the OMB hearing this week as a private citizen, independent of his job, he told the Star. He said he does not have any political ambitions or connection to Mammoliti.
The city's code of conduct for members of council states: "No member of council should use, or permit the use of city land, facilities, equipment, supplies, services, staff or other resources (for example, city-owned materials, websites, council transportation delivery services and member of council expense budgets) for activities other than the business of the corporation."
A Star reporter attended the first three days of the OMB hearing, which began Tuesday, and witnessed Wang sitting with Mammoliti at a table for parties to the appeal, taking notes and assisting the councillor as he cross-examined witnesses called by the city.
Councillors' staff are funded through the city's operating budget, which is funded in large part by property tax dollars.
In November 2016, council approved a new ward boundary structure that would increase the number of wards to 47 from 44.
Since then, several appeals have been filed with the OMB, which has jurisdiction to confirm or overrule the boundaries approved by council.
Mammoliti, who filed his appeal in May, did so without referencing his role as a councillor.
"I am a resident, home owner and taxpayer in the City of Toronto," his appeal letter reads, with no formal letter head and using his home address.
In his letter, Mammoliti complained the structure as adopted by council has "many flaws" and called consultation with the public "minimal." He said a reduction in the size of council was not properly considered.
The ward boundary changes remove a quadrant in the northeastern part of the area he currently represents, Ward 7 (York West) - a residential area southwest of the Jane St. and Finch Ave. intersection.
At the hearing Thursday, Mammoliti complained repeatedly about a more than two-year consultative process he said did not include enough input from residents. The city's hired consultants confirmed that while a single meeting in the Jane and Finch area saw no attendees, more than 2,000 people participated overall.
Election results in Ward 7 from 2014 show the polls that would be moved out of that ward as a result of the council-approved boundary changes supported Mammoliti, who won with 46 per cent of all votes compared to the runner-up who won 36 per cent of the votes.
"I'm not here for selfish reasons," Mammoliti said on the hearing's first day, arguing more consultation was required.
Mammoliti has previously been the subject of complaints to city watchdogs.
In 2014, the former integrity commissioner found Mammoliti violated the city's code of conduct when he accepted an $80,000 gift from a fundraising event organized on his behalf. Council imposed the maximum fine by docking Mammoliti 90 days pay. An investigation conducted by the Toronto police financial crimes unit was subsequently launched, but no charges were ever laid.
The city's integrity commissioner can only recommend punishment to council if she finds a councillor has contravened city rules. Recommended punishment is limited to a reprimand or suspension of pay up to 90 days.