WHEREAS on July 15, 2020, Council considered the first Integrity Commissioner’s report titled, “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” (ACS2020-OCC-GEN-0023) and approved the suspension of the remuneration paid to Councillor Chiarelli in respect of his service as a Member of Council for a total of 270 Days due to contraventions of Section 4 and Section 7 of the Code of Conduct for Members of Council; and
WHEREAS on August 26, 2020, Council approved Motion 38/4 directing the City’s Chief Financial Officer to invest the total of 2020/2021 remuneration being suspended from Councillor Chiarelli (amounting to $79,300) to be allocated to community organizations that support survivors of domestic violence and/or sexual assault in consultation with the General Manager of Community and Social Services; and
WHEREAS, on December 22, 2021, the Divisional Court set aside Council's decision with regards to the first Integrity Commissioner’s report, however, the Court itself imposed the same penalty of 270 days suspension of remuneration of Councillor Chiarelli; and
WHEREAS on November 25, 2020, Council considered and approved the recommendations set out in the Integrity Commissioner's second report titled, “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” (ACS2020-OCC-GEN-0033) and approved Motion 44/4 directing that the City’s Chief Financial Officer invest the total of Councillor Chiarelli’s further 180 days of suspension of remuneration for 2021 in the same manner as Motion 38/4 (amounting to $52,900); and
WHEREAS, as a result of these motions, a total of $132,200 was equally divided and paid out to the Ottawa Coalition to End Violence Against Women (OCTEVAW) and the Ottawa Aboriginal Coalition through a process administered by Community and Social Services; and
WHEREAS the Integrity Commissioner, in her current report entitled, Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli (ACS2022-OCC-GEN-0023) has found that Councillor Chiarelli has contravened Sections 4 and 7 of the Code of Conduct for Members of Council and has recommended Council suspend the remuneration to be paid to the Respondent in respect of his service as a Member of Council for 90 days; and
WHEREAS the 2018-2022 Term of Council ends on November 14, 2022, and Councillor Chiarelli will not be returning to Council for the 2022-2026 Term; and
WHEREAS Members of Council are eligible for a Transition Assistance Allowance as recommended by the Citizen’s Task Force on Council Remuneration report, and as amended through the approval of the 2010-2014 Mid-term Governance Review, which is paid to a Member upon leaving office at the end of the term, whether by defeat or retirement, equivalent to one month’s pay for each consecutive year served on Ottawa City Council, to a maximum of six (6) months, and which is reported to Council as part of Elected Officials’ remuneration in accordance with Section 284 of the Municipal Act, 2001;
THEREFORE BE IT RESOLVED that the suspension of Remuneration for Councillor Chiarelli commence effective November 9, 2022, to be made up of the Member's salary to be paid to the end of the Term of Council, with the remaining balance to be deducted from the Transition Assistance Allowance, representing a combined total of 90 days worth of suspended remuneration; and
BE IT FURTHER RESOLVED that Council approve that the City’s Chief Financial Officer be directed to consult with General Manager of Community and Social Services and invest in a similar manner the total remaining remuneration being suspended from this Member of Council due to the contraventions of Section 4 and Section 7 of the Code of Conduct to community organizations that support survivors of domestic violence and/or sexual assault, and report back to Council via a memorandum on the final amounts donated.