TRANSPARENCY AND ACCOUNTABILITY AT CITY HALL
As the City Solicitor Anna Kinastowski evoked "attorney client privilege" many times in the past, along with her unwillingness to answer questions put directly to her in open forums, it may be impossible for Torontonians to ensure the recovery of ANY funds owed. A request was subsequently made by myself to the Auditor General to monitor the full recovery of funds owed by Mr. Heaps and Mr. Mammoliti.
According to City Council Item CC3.8, "Court of Appeal Decision on Payment of Legal Expenses for Compliance Audits", the repayment of approximately $64,000 for Mr. Heaps and $75,000 for Mr. Mammoliti passed City Council on February 7, 2011. It was the responsibility of the City Solicitor's office to send the necessary demand letters and pursue any civil court action if necessary to recover these funds within two years of the date the item passed Council.
Miguel Avila requested copies of the letters sent to Mr. Heaps and Mr. Mammoliti in an FOI request to the Corporate Access and Privacy (CAP) Office. There was a typographical error in the February 28 letter to Mr. Mammoliti (two different amounts stated) and an email was sent by myself to the City Solicitor, Anna Kinastowski, for clarification on May 9 2011. Ms. Kinastowski sent me a revised electronic copy of the letter to Mr. Mammoliti, dated April 20, 2011 which increased amounts due to approximately $95,000. It was later confirmed that an error was also made to the February 28 2011 letter to Adrian Heaps.
Below is a summary of the amounts stated: Mr. Heaps: $64,757.70 (February 28 letter), $82,849.92 (April 20 letter), Mr. Mammoliti: $74,402.00 (February 28 letter), $95,299.87 (April 20 letter), Total $139,159.70 (February 28 total), $178,149.79 (April 20 total).
It appears that letters sent to Mr. Heaps and Mr. Mammoliti were not handled properly by the City Solicitor's Office. At best, human error may be used to refuse to pay amounts owed (or lower amounts), at worst a deliberate attempt to sweep this issue under the proverbial rug.
