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Chapman Files Compliance Audit Appeal
July 30, 2004
Dundas business-woman Joanna Chapman has now formally asked the Ontario Court of Justice to order a compliance audit of the financing of the election campaigns of Mayor Larry DiIanni and eight other council candidates. The appeal was filed yesterday, but a trial date has not yet been set.
Chapman reviewed the campaign records of everyone who ran in the November 2003 elections. She identified more than two dozen instances where it appears that DiIanni received more than the maximum allowable donation from a single corporation or associated group of companies.
She also uncovered potential violations in the campaigns of councillors Tom Jackson, Bill Kelly and Terry Whitehead, and defeated candidates Anne Bain, John Best, Marvin Caplan, Peter Martin and George Morasse.
Chapman initially asked city council to conduct an investigation, but her request was turned down on July 14 by an 8-1 vote. Most councillors said they supported an audit but didn't want to sit in judgement over their colleagues. The rejection opened the door for Chapman to approach the courts.
Enforcement of the Municipal Elections Act is left up to citizens. While candidates are required to file financial statements, no government official is assigned to check whether they followed the law. Chapman has spent over $1500 in her investigation, in addition to the legal costs of going before the court.
Chapman's allegations are summarized in a 14-page letter she submitted to City Council and a 6-page addendum.
The city staff report in response is available at
http://www.city.hamilton.on.ca/Clerk/
agendas-minutes-reports/committee-of-the-whole/
2004/Jul14/CL04008.pdf.
See also transcript of the council debate on Chapman's requests.
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