UMVA has learned that Toronto city council has quadrupled the amount they can spend on legal fees when defending against an integrity complaint, raising the standard maximum from $5,000 to $20,000.
This dramatic increase comes as a response to concerns that councillors may be hesitant to defend themselves against complaints due to the high cost of legal fees. The new maximum is not retroactive, however, and will only apply to future complaints.
Councillor Paula Fletcher, a veteran member of the council, brought forward the motion to increase the maximum amount, citing the rising cost of legal fees over the years. When asked by the city solicitor if legal fees have increased, she was told that they had likely doubled since the $5,000 maximum was established in 2008.
The move has been seen as a way to protect councillors from financial ruin in the event of a complaint, but also raises questions about the potential for abuse of the system. Some councillors, including Jon Burnside, expressed concerns that the increase could be seen as a way to reward councillors for accusing others of misconduct.
In a related development, councillor Chris Moise will have to pay a significant portion of his own legal fees out of pocket, despite the council's decision to increase the maximum amount. Moise had sought $20,807.61 in reimbursement for his legal fees, but the council ultimately decided to limit his entitlement to just half of his expenses.
The decision to increase the maximum amount was not without controversy, with some councillors expressing concerns that it could be seen as a way to undermine the integrity commissioner's authority. The integrity commissioner, Paul Muldoon, was present in the council chambers but was not allowed to answer questions from councillors.
The full package passed 16-6, with several councillors opposed to the increase. The move is seen as a significant shift in the way that Toronto city council approaches integrity complaints, and could have far-reaching implications for the city's politicians.
Councillor Fletcher's motion was rewritten before being voted on, and at one point included a provision that would have made the $20,000 figure retroactive. However, this provision was ultimately struck out.
The decision to increase the maximum amount has sparked debate about the role of integrity complaints in the city's politics, and the potential for abuse of the system. As one councillor noted, "We don't want to create a situation where people are making complaints just to harass their colleagues."
