Councillor Giorgio Mammoliti wants the city to reimburse him for the cost of taking the city to court over his own ethics violations.
According to a report on the agenda for Thursday’s council meeting, Mammoliti has submitted to the city clerk more than $48,000 worth of legal bills that he incurred from a court case he launched against a council ruling earlier this summer.
Mammoliti is seeking a judicial review of council’s decision to punish him for a May 2013 fundraiser that netted him $80,000. The event was attended by lobbyists and others doing business with the city, and former integrity commissioner Janet Leiper found it was a serious breach of council’s Code of Conduct. Council agreed, and in July voted 37-2 to mete out the harshest penalty allowable under the rules: the suspension of Mammoliti’s pay for three months.
In September, the Toronto Police announced they had initiated a criminal investigation into the councillor over the event.
Even though it was the first time council had slapped a member with the maximum allowable punishment, the penalty was criticized as inadequate because 90 days’ pay is the equivalent of only $26,000, far less than the $80,000 Mammoliti raised at the fundraiser. Despite the discrepancy, in August he filed an application in an attempt to quash the integrity commissioner’s ruling and council’s decision.
Councillors are automatically entitled to have the costs of a judicial review related to a Code of Conduct violation covered by the city, but only up to a $20,000 limit. Mammoliti had already submitted invoices totalling $14,831.25, and the city clerk says he recently submitted an additional $33,644.87, bringing the total to $48,476.12.
Because the amount is over the $20,000 limit, the city clerk is seeking direction from council about whether the invoices should be paid.
“Council needs to decide whether to pay all, part of, or none of the submitted invoice,” says the clerk’s report, which makes no recommendation about whether the fees should be reimbursed. “In addition, city council should provide direction concerning future invoices related to the same judicial review.”
According to the clerk, there has been no movement on the judicial review application since last month, but if it continues Mammoliti could incur additional costs.
Brian Iler, the lawyer who launched the complaint about Mammoliti’s fundraiser to the integrity commissioner, says he’s “floored and apoplectic” that the councillor wants his legal costs covered with public funds.
“He has incredible nerve to seek taxpayers’ money for his lawyer’s fees stemming from his own breach of the rules,” Iler says. “The man has no shame, clearly.”
Iler says he hopes council “unanimously rejects” Mammoliti’s request.
Mammoliti did not immediately return a request for comment, but some of his colleagues were incredulous to learn he had submitted the invoices to the city.
“You have got to be kidding me,” said Councillor Mike Layton when he learned of the request. “I’m not sure what his grounds are for making the claim or if he should be eligible for it given he was found in rather significant breach of [the Code].”
Even if council votes not to pay his bills, Mammoliti’s court challenge has already cost the public money. In addition to the $20,000 he is entitled to, the city has hired outside counsel to represent itself and the integrity commissioner in the proceedings.
bens@nowtoronto.com | @BenSpurr
