The City of Greater Sudbury has received an Application of Election Compliance Audit request against Mayor Brain Bigger.
Several media outlets report having received a brown manila envelope containing documents regarding Biggers campaign expenses suggesting that there was something to look into contained. GSO hasn’t received any such information.
The document dated December 7th, 2015 in signed by a resident by the name of Bernard Garner alleges irregularities between Biggers Primary Election Financials and his Supplementary filling. It further alleges that several sections of the Municipal Elections Act 1996 related to Election Finances were contravened.
As a result, the Elections Compliance and Audit Committee will now review the request and decide whether or not it deems further review. If the committee decides to move forward an auditor will be appointed and based on the findings of that report the committee will decide whether of not to begin legal proceedings.
Under the Municipal Elections Act, anyone found in contravention of the rules may face fines ranging up to $25,000, be removed for office, not be able to seek election in the future and/or face imprisonment.
Garner is reportedly only a signature on the document and the person behind the request was former president of the Greater Sudbury Taxpayers Association, Dan Melanson, who ran against Bigger in the 2014 Municipal Election. Melanson hasn’t publicly responded to the claims.
Bigger has hired legal council and been advised not to comment of the specifics of the claim.
The entire request can be download or viewed below.
Reasons for the request as contained in the document are as follows:
1. Is it appropriate under the Ontario Elections act sect 78 (3) to include revenue and expenses in your supplemental financial filings that were incurred during the actual campaign period and before an extension was requested, and which were not included in the Primary financials, submitted on March 26 2015? Is it appropriate to substantially change the primary filing before including it in the supplementary filing?
2. Why wasn't the Ambassador Fund raiser held on October 2nd 2014 reported on the primary financial filing submitted on March 26 2015 as required under the Ontario Elections act?
3. In the supplemental financial statement the moneys collected are described as having been collected by "pass the hat". The advertising for the event on the radio and on Facebook said "Special door price for students with their cards at $5.00 - all others - $20.00". People who attended event have said they were charged $20.00 per person at the door as was advertised and were not aware of a hat being passed around.
4. Under the Ontario elections act a receipt must be issued to every person who contributes more than $10.00. Why were no receipts issued when the $20.00 per person was collected?
5. The supplemental financial filling states that as per the Ontario Elections act the money was to be paid back to the Clerk's office. There is nothing in the Supplemental filing that shows the $1248.80 as having been paid to the Clerks' office.
6. If the $1248.80 has not been paid to the Clerk's office why not and if it has been paid was it paid from Mr. Bigger's campaign account or his personal account?
7. Is there a deposit slip for the $1248.80 into Mr. Biggers campaign account on or about Oct 2 2014?
8. Mr. Bigger used the Ambassador hotel for a number of other events (press releases and announcements) where is the expense accounted for or the donation in kind if they donated their facility.
9. There appears to be some irregularities in how other donations were accounted for as well. For example a donation from Levert Personnel is shown under individuals instead of a corporation as required. The rules state that you must report the name of the president or Business Manager of a Corporation that contributed $100 on the forms and the name of the person who authorized the contribution or signed the cheque.
10. For the fund raiser that was organized and held on November 27 2014 you are required to disclose the ticket price, the number of tickets sold, and complete breakdown of all ticket sales. None of this information is reported.
11. lf attendees of the November 272014 fund raiser had previously contributed the maximum limit of $750 to the Bigger campaign and then purchased a ticket to the fund raiser they would be in a position of having over contributed to the Bigger campaign, which is illegal.
12. According to the elections act on Schedule 2 Fund Raising events and Activities a record of the ticket prices and the number of tickets sold is to be recorded. This information is missing from the Schedule 2 filing.
13. The event held at the Ambassador Hotel did show the In Kind donation from the Ambassador under Contributions over $100, but schedule 2 for this event doesn't show the same amount of $372.19 as an expense offsetting this in kind contribution. This appears to result in a surplus which doesn't exist? Mr. Bigger then refunds his contributions resulting from the surplus. He may have over refunded his contributions. The real question is how could the auditor not have identified these contributions last October or the related expenses if they were paid and deposited into the campaign account as required by the act?
14. The schedule that reports the other fundraiser (Caruso Club) held in November was also changed in the June 15 fls and more expenses related to ticket printing were included now? How was that forgotten last December?
15. ln the June fls the advertising expenses have gone down by $1,344.70 from $13,506.38 reported in the December fls to $12,161.68 in the June f/s? It appears someone got confused when they started covering up the October 2nd Ambassador Fund raiser and instead of just showing the radio ads for the Ambassador Fund raiser at $1,344.70 they messed up and deducted the $1,344.70 from the advertising total. Again how could his auditor have missed this?