THE CITY OF Vaughan has for the third time hired an independent prosecutor to begin legal proceedings relating to a compliance audit, this time against the city’s former mayor Michael Di Biase.
At a meeting on June 15, city council made the decision to retain Timothy J. Wilkin, the city’s independent prosecutor, following his receipt of the compliance audit of Di Biase’s 2006 municipal election campaign finances.
The report, prepared by Ken Froese of LECG Canada Ltd. and chartered accountant Glen R. Davison, detailed several apparent contraventions of the Municipal Elections Act, including ineligible contributions, recount-related expenses and exceeding the campaign spending limit of $120,419 by $2,712.
The announcement of potential contraventions of the Municipal Elections Act is not the first time for members — former or current — of Vaughan’s city council.
In April, Mayor Linda Jackson was served with 68 charges relating to violations of finance rules connected to her 90-vote win over Di Biase in 2006. Jackson’s husband Mario Campese, who served as her campaign manager, was served with five charges.
On June 12, Wilkin was hired to examine potential charges against Coun. Bernie DiVona.
“In all three candidate’s situations a compliance audit determined that there were issues around contributions, expenses and financial statements, and apparent contraventions of various provisions of the Act related to those,” Wilkins said. “As with the Linda Jackson matter, we will be reviewing the file and determining specifically what charges are to be laid.”
Vaughan’s commissioner of legal and administrative services and city solicitor said she is unable to add to what is public knowledge at this point in the legal proceedings.
“There is not much Iamina position to add to the media release at this point, particularly in light of the fact that council has retained external legal counsel to commence prosec ution against Mr. Di Biase,” Janice Atwood- Petovski wrote in an email.
“The matter will be before the court shortly, and it is not appropriate for me to comment.”
Coun. Alan Shefman said that he is upset with how the recent audits — and their subsequent media coverage — have been handled by some media outlets, who have used a “broad brush” to describe Vaughan council as a whole, rather than identifying specific individuals involved.
“I am horrified that my name is being associated with unethical behaviour,” Shefman said. “I’m not saying that, ultimately in the courts that any of my colleagues will be found guilty of unethical conduct, but they may be. And I don’t want to be tarred with that.”
Shefman says that the matter of campaign finance is ultimately about personal responsibility. “If the rule says you can spend x number of dollars, then you do everything possible to ensure that you don’t spend one cent more,” he said.
“And if you at the end of the day discover that you have spent more money, then that’s your fault, and your problem, and you deal with it as a politician. It’s as simple as that.”
