The Committee recessed at 10:07 a.m. and reconvened at 10:15 a.m. with all members of the Committee in attendance. Also in attendance were the Director, Legislative Services/City Clerk and the Manager, Legislative Services/Deputy City Clerk.
The Committee invited Derek Giberson to provide a delegation.
Derek Giberson addressed the Joint Compliance Audit Committee concerning Auditor Report JCAC-24-01 stating that based on the Auditor Report, there is incontrovertible evidence that Mr. Ingino was in contravention of the Municipal Elections Act during his mayoral campaign during the 2022 Municipal and School Board Elections over multiple of parts of the Act over a broad range of activities during his campaign. Derek Giberson expressed concern with the quality of the Audit Report prepared by MNP as set out in his additional correspondence provided to the Committee, stating it did not examine some of the concerns set out by the Committee in its decision of July 13, 2024. Derek Giberson stated that the contraventions identified in the Report however are more than enough for the Committee to proceed with prosecution against Mr. Ingino pursuant to the Act. Derek Giberson noted that by Mr. Ingino's own admission he did not open a campaign bank account, which, in his opinion, lead to more contraventions of the Municipal Elections Act with every transaction made with respect to Mr. Ingino's Election campaign. Derek Giberson stated that violating this specific rule shields a candidate from outside scrutiny and could help a candidate hide activities that violate other accountability laws.
Derek Giberson alleged the manner in which Mr. Ingino produced records has been frustrated by his delay tactics with auditor and irregularities with documentation, or sudden appearances by documents produced that could not be produced earlier. Derek Giberson also stated that the value of the advertising must be calculated using the same rate card that was sent to other candidates during the election period. Derek Giberson stated that Mr. Ingino is a veteran candidate, having ran it at least three municipal elections and has no grounds to plead ignorance or inadvertent error and requested the Committee appoint a prosecutor to this matter.
Members of the Committee did not question Derek Giberson.
The Committee invited Joe Ingino to provide a delegation.
Joe Ingino addressed the Joint Compliance Audit Committee concerning Auditor Report JCAC-24-01, stating that he has been in business for over 40 years, and the editor and publisher of the Oshawa Central for over 30 years and that as the editor and publisher of the paper, he has certain privileges as it is almost a political position and there are some politicians who are envious of this role or think he is stepping on their turf. Joe Ingino agreed he had made some mistakes, however noted he works up to 12 hours per day and has not had a vacation in the previous 25 years. Joe Ingino stated that he went to his bank to open a campaign account, however they advised him he needed a letter, therefore he contacted the City Clerk. Joe Ingino stated that the City Clerk agreed to provide a letter, however one was not provided, it was recommended he attend his bank with his nomination paper. Joe Ingino advised he went to the bank with the nomination paper however they refused to open an account until he deposited $500. Joe Ingino stated he contacted the City Clerk again, who advised him to return to the bank with his nomination paper and offered to speak with the bank if they had questions. Joe Ingino claimed that it was not his fault that he didn't open an account as he was under the direction of the City Clerk and the bank at that time and admitted that he contravened the Municipal Elections Act but stated that it was not his fault he was under the instruction of the City Clerk. Joe Ingino stated that he had a volunteer complete his financials and that the financials he submitted included an insignificant inadvertent error.
Members of the Committee questioned Joe Ingino regarding his availability during the audit process as the Auditor Report indicated they were unable to meet with the Candidate. Joe Ingino stated that he was available and that the complaint was politically motivated.
Members of the Committee questioned if Joe Ingino opened a separate bank account during previous campaigns. Joe Ingino stated that he could not recall, but most likely had.
Members of the Committee asked Joe Ingino if he could identify the period of time he had difficulties opening an account and any documentation regarding his attempts to get information from the Clerk. In response to questions, he advised he could not determine an exact date, and contact with the Clerk was via telephone.
The Committee invited Josh Epstein from MNP to provide any further information following the delegations by the applicant and Candidate. Josh Epstein advised that he had no further comments.