RULED “OUT OF ORDER” BY MAYOR JOHN GRAY

Notice of Motion Dated March 8, 2010

Motion by Councillor Louise Parkes

Seconded by Councillor Robert Lutczyk

Whereas, on Monday, February 22, 2010, Oshawa City Council passed a Motion that Mayor John Gray had contravened a City of Oshawa policy entitled “Corporate Training and Financial Assistance Policy,” issued 2006-12-20, policy #TR16.30 (“Policy”) by acting alone and approving two fully-funded MBA requests for his political assistant, James Anderson and Councillor April Cullen; and further Council found that:

Mayor John Gray did not ask or receive the City Manager’s approval as expressly required by the Policy in section 19 and section 23 of the Policy; and

Further, Council found that Mayor John Gray did not transparently identify the expenditure for the two MBA’s in the 2009 budget (“Budget”); and

Whereas, Mayor John Gray misinformed Council and the public that his political assistant, James Anderson, was saving taxpayers’ money by not enrolling in the Ontario Municipal Employees Retirement System, a pension fund created to handle the retirement benefits of local government employees in the Province of Ontario (“OMERS”) and thereby did incorrectly state that James Anderson was entitled to underwrite an MBA with public funds in lieu of the City of Oshawa buying back its portion of the pension contribution; and

Whereas, the Motion to require the two recipients of taxpayer-funded MBA’s, James Anderson and Councillor April Cullen, to repay unauthorized funds was voted on by Council and lost on a tie vote, with Mayor John Gray choosing to vote against the Motion regarding his unauthorized actions; and

Whereas, since sections three, four and six of the Motion failed, the citizens of the City of Oshawa have overwhelmingly asked all Councillors to take steps to ensure the return of the unauthorized expenditure of public funds; and

Whereas, on March 2, 2010, Councillor Louise Parkes requested from the Clerk copies of any minutes, resolutions, reports or letters provided to Council that pertained to the MBA program that James Anderson and Councillor April Cullen were enrolled, especially documentation that disclosed the program was undertaken at the taxpayers’ expense.  Councillor Louise Parkes received confirmation from the Clerk, Sandra Kranc, that the only two documents in the Clerks possession related to two pages from the 2010 Budget for the Office of the Mayor and City Council Expenditures; and

Whereas, some members of Council at the February 22, 2010, Council meeting suggested that all members of Council shoulder the responsibility for the Mayor’s unauthorized expenditure of taxpayers’ funds; and

Whereas, the following Motion was ruled out of order by the Mayor and Councillor Louise Parkes challenge to the Chair failed.

The 2010 Budget be amended as follows:

Mayor John Gray’s 2010 salary will be reduced by Six-Thousand Dollars ($6,000.00); and

Councillor April Cullen’s 2010 salary will be reduced by Six-Thousand Dollars ($6,000); and

Each of the other members of Council’s 2010 salary will be reduced by the lesser of Three-Thousand Dollars ($3,000.00) and the amount that equals the total of the unauthorized MBA expenditures made in 2009 and 2010 as determined by the Treasurer, divided by nine; and

The total of the reductions referred to above shall be applied by the Treasurer in 2010 to assist the City taxpayers in the repayment of Mayor John Gray’s two unauthorized MBA expenditures; and

The Auditor General, Ron Foster, provide a complete and public accounting of all funds paid to the MBA recipients, James Anderson and Councillor April Cullen, and the repayment of taxpayer funds by Members of Council to the Council meeting on April 6, 2010.

Therefore, be it resolved, that Mayor John Gray reimburse the unauthorized MBA expenditures, less the amount that James Anderson and April Cullen were entitled to under the Policy, and that:

The Auditor General, Ron Foster, provide a complete and public accounting of all funds paid to the MBA recipients, James Anderson and Councillor April Cullen, and the repayment schedule of taxpayers’ funds by Mayor John Gray be reported at the upcoming Council meeting on April 6, 2010.