City Council on January 27, 28 and 29, 2004, adopted this Motion, subject to adding the following new Operative Paragraphs
“AND BE IT FURTHER RESOLVED THAT Council adopt the following motion:
‘WHEREAS, under section 100 of the Municipal Act, R.S.O. 1990, c. M.45, a Council of a municipality may, by Resolution, request a Judge of the Ontario Superior Court of Justice to inquire into or concerning any matter connected with the good government of the municipality or the conduct of any part of its public business; and
WHEREAS any Judge so requested shall make inquiry and shall report with all convenient speed, to Council, the result of the inquiry and the evidence taken, and for that purpose shall have all the powers of a commission under Part II of the Public Inquiries Act, R.S.O. 1990 c. P. 41; and
WHEREAS Madame Justice Denise Bellamy was designated as Commissioner for an inquiry established by the Council of the City of Toronto under s. 100 of the Municipal Act by Resolution dated February 14, 2002 (“Toronto Computer Leasing Inquiry” and/or “TCLI”); and
WHEREAS Madame Justice Denise Bellamy was designated as Commissioner for a second inquiry established by the Council of the City of Toronto under s. 100 of the Municipal Act by Resolution dated October 3, 2003 (“Toronto External Contracts Inquiry” and/or “TECI”); and
WHEREAS Commissioner Bellamy has appointed Commission Counsel who have been conducting investigations including the interview of witnesses and the review of documents involving the terms of reference for both Inquiries since that time; and
WHEREAS City Council has reviewed Commissioner Bellamy’s letter dated December 30, 2003, to Mayor Miller, and the City Solicitor’s report to Council dated January 26, 2004;
NOW THEREFORE BE IT RESOLVED THAT:
(1) the Commission be urged to investigate fully all information relevant to the TCLI terms of reference and to complete that investigation as soon as possible;
(2) the Commission be encouraged to call all evidence that may shed light on the issues raised in the TCLI terms of reference;
(3) City Council defer further consideration of the letter dated December 30, 2003, to Mayor Miller, from Commissioner Bellamy, until Commissioner Bellamy or her Counsel advise the City that all evidence related to TCLI has been called. In the interim, Council does not expect the Commissioner to begin hearings in the TECI;
(4) the City’s outside Counsel be permitted to criticize current employees in closing submissions, only if justified by the evidence; and
(5) the budget amount estimated for the cost of the City’s outside counsel be increased to $3,440,000.00 from $3,250,000.00 to complete TCLI.’;
AND BE IT FURTHER RESOLVED THAT Toronto City Council request Commissioner Bellamy to release the good government phase of her Inquiry at such time as she has completed that phase, in order for City Council to consider and implement her recommendations as soon as possible;
AND BE IT FURTHER RESOLVED THAT if Council decides not to proceed with the TECI, the collected evidence and all other information gathered to date through existing expenses be requested of the Commissioner by City Council to be made public;
AND BE IT FURTHER RESOLVED THAT the following motion be referred to the City Solicitor for a report to City Council when this matter is again before Council:
Moved by Councillor Mammoliti:
That Part (5) of the motion by Mayor Miller, be amended to provide that the increase to the budget amount be limited to $3,000,000.00.”