Maria Augimeri won’t have to pay legal expenses for a complaint made against her by a political rival, and that makes some other Toronto councillors unhappy.
Janet Leiper, the city’s integrity commissioner, has found Augimeri breached the code of conduct for councillors with a remark about Gus Cusimano quoted in a February newspaper article.
On Tuesday, Leiper told council the facts weren’t in dispute, and that Augimeri made the apology Cusimano had requested.
"It had to be unqualified, and the councillor provided it," Leiper said.
But Mayor Rob Ford and some other councillors weren’t satisfied with Leiper’s recommendation – which followed city policy – that council pay Cusimano up to $5,000 for his legal costs.
"Councillors, if we make a mistake – including myself as mayor – should pay for it," said the mayor, who introduced a motion asking Augimeri to do just that.
If council pays, the mayor said, "we have a shield in front of us saying, ‘Come and get me, but I’m going to use taxpayer’s money to protect myself.’"
Cusimano ran against Augimeri in her York Centre ward in 2010, losing by 89 votes.
Leiper’s report said an Italian-language newspaper published an article in print and online in which Augimeri referred to Cusimano as a "criminale."
Cusimano does not have a criminal record, Leiper’s report said, adding after Cusimano lodged a complaint on March 24, Augimeri provided an apology and retraction to Cusimano for publication by the newspaper, calling her description of him "completely untrue."
"I wish to retract the use of that word, and provide an unqualified apology to (Cusimano) for using it," she said.
Leiper told council the newspaper did not publish the apology, and said Cusimano is the first complainant to ask the city to cover legal costs for such as complaint.
She recommended council pay Cusimano’s "actual and reasonable costs" up to $5,000, as stated in the policy.
But Etobicoke North Councillor Doug Ford, the mayor’s brother, said approving council’s payment for what should be Augimeri’s expense would demonstrate nothing but where the current "political lines" are drawn on council.
It would also set a precedent, he argued, encouraging councillors to think "we’re above the law" and "can call anyone names, knowing we’ve got the big taxpayers to cover our backs."
The mayor was "falsely accused" during his term, and the Ford family had to pay legal costs as a result, Doug Ford added.
"We did not go hat in hand to the taxpayers even though we were right."
Don Valley East Councillor Denzil Minnan-Wong said council cannot order Augimeri to pay the legal costs, but drawing the funds from her office budget is within the rules.
"I think the public is not happy that they are paying for Councillor Augimeri’s inappropriate comments," he said, asking in a motion that Augimeri comply with his suggestion, which he called a "symbolic slap on the wrist."
Other council members, including John Parker, warned against changing city policy "on the fly."
If the policy changed to require councillors to pay legal costs for complaints themselves, predicted Joe Mihevc, people "out to get us who have deep pockets" could lodge "vexatious complaints" against mistakes councillors make "in the heat of the moment."
Though Mayor Ford argued it was irrelevant, Toronto Centre-Rosedale Councillor Kristyn Wong-Tam said the Fords in 2010 supported Cusimano, who is registered to run again against Augimeri, and have continued to campaign for him.
The motions from the mayor and Minnan-Wong both failed by wide margins, and council voted 30-4 to approve payment of Cusimano’s expenses.
Anyone can read Conversations, but to contribute, you should be a registered Torstar account holder. If you do not yet have a Torstar account, you can create one now (it is free).
To join the conversation set a first and last name in your user profile.
Sign in or register for free to join the Conversation