Council expected to reprimand Thompson and Matlow for code of conduct violations

City councillors Josh Matlow and Michael Thompson are expected to be formally reprimanded by their colleagues today after the integrity commissioner ruled that both of them violated the code of conduct last year.

Integrity commissioner Valerie Jepson began an investigation into Thompson’s conduct after a complaint made by Coun. John Filion in February, 2017.

The Willowdale councillor alleged that Thompson was guilty of improper use of influence in making inquiries on behalf of the firm G Group with respect to a high-rise development planned for 5220 Yonge Street in Filion’s ward.

The complaint noted that the CEO of G Group is Thompson’s longtime friend Albert Gasparro, raising questions about the councillor’s involvement in the file.

In her report, Jepson said that while there is nothing in the code of conduct stopping members of council from involving themselves in matters pertaining to wards other than their own, she noted that Thompson’s advocacy on the matter was “at the highest end of activities in which a councillor could possibly engage.”

She said that Thompson or members of his office made at least 60 contacts with city staff regarding the development application and that those inquiries were “usually prompted when Mr. Gasparro called expressing dissatisfaction with the amount of time city staff were taking to resolve issues.”

“Respectfully, when approached by his friend Mr. Gasparro, Coun. Thompson could have commiserated with the experience, suggested strategies to help Mr. Gasparro continue to work with Coun. Filion, or refer him to another councillor. After exhausting these avenues, Coun. Thompson should have advised his friend that there was nothing further he could do for him or sought my written advice about the scope of activities he could properly engage with regarding Mr. Gasparro,” Jepson wrote. “Instead, Coun. Thompson effectively opened a file for the matter in his office, and after September 2016 became the quarterback for the file within the city.”

Jepson noted that Thompson justified his actions on the basis of a belief that Filion had “failed to provide an appropriate level of service and support at best” or “at worst engaged in a retaliatory campaign to thwart the applicant's objectives because of their unwillingness to retain a particular consultant.”

Jepson, however, wrote that she found no basis to support the more serious allegation. She added that even if there was evidence of such impropriety, it would not have exempted Thompson from his obligations under the code of conduct.

“Regrettably, I have concluded that Coun. Thompson's friendship with Mr. Gasparro clouded his judgement. He accepted everything that Mr. Gasparro told him without scrutiny, and ‘went to bat’ for him,” she said. “Unfortunately, this reality underlines precisely why he should have refrained from exercising his authority in the way that he did. He was not objective.”

Jepson is recommending that council send a “clear message” to Thompson by adopting a finding that he did violate the code of conduct and formally reprimanding him for doing so. She is also recommending that council direct Thompson to “cease providing assistance to Mr. Gasparro” in the future.

"Giving favours or ‘going to bat’ for a friend on a transaction is simply unacceptable conduct for an elected official in the modern age. Such behaviour perpetuates the most cynical stereotypes of elected officials, and must therefore be addressed seriously when it happens,” Jepson said in the report.

Matlow ‘crossed the line’ with comments about TTC staff

In addition to Jepson’s ruling regarding the complaint against Thompson, council is also expected to consider a separate report into the conduct of Ward 22 St. Paul’s Coun. Josh Matlow that was undertaken following a complaint from then TTC CEO Andy Byford.

Byford alleged that in a CBC Radio interview in October, 2017, Matlow effectively implied that the advice contained in a briefing note about the Scarborough subway was politicized and that the motives of Byford and other senior staff were “were less than honourable”

In her report, Jepson ruled that Matlow had in fact “crossed the line” with his comments by questioning the motives of staff rather than the information they provided.

“Coun. Matlow's statements in a mass media forum suggested that the information in the briefing note was erroneous. Had he stopped there, his statements would have been in the nature of fair comment, and staff at the TTC, including Mr. Byford, are prepared and expect to be accountable for their work. However, Coun. Matlow's remarks went further to suggest that the information was erroneous not because of a mere mistake, but as a successful product of improper political intervention. In so doing, he crossed the line from fair comment to statements that were injurious to professional staff,” she wrote.

Jepson said that Matlow disputes her findings and “is not prepared to acknowledge or apologize for his actions.” For that reason, she is recommending that council formally reprimand him “as an expression of its commitment to the obligations in the code of conduct.”

“Coun. Matlow disagrees with decisions city council has made in relation to the Scarborough transit file. He can continue to urge his council colleagues to re-open the debate, revisit past votes, and/or consider new information. What he cannot do is draw Toronto's professional public service into the debate,” Jepson wrote.