Jim Karygiannis removed from city council over alleged election expense violation

Jim Karygiannis has been removed from Toronto city council overan alleged election expense violation, according to the Toronto city clerk.

In a statement released on Wednesday afternoon,Ulli Watkiss said she has served notice toKarygiannis that he is no longer thecouncillor for Ward 22 due tothe supplementary financial statement he filed for the municipal election last year.

Under the Municipal Elections Act,every candidate is required to file a financial statement for the election, she said.

"Mr. Karygiannis is in default of the Act and is disqualified from being elected or appointed to any office until after the 2022 municipal election," Watkiss said in the statement.

Under the provincial act, there's a limit on the amount of money candidates can spend in an election. For Ward 22 last year, that totalwas $61,207.95, with a maximum of 10 per centor $6,120.80 to be spent for "parties and other expressions of appreciation" after voting day.

Watkiss said Karygiannis filed expenses under "parties and other expressions of appreciation" showingthat he spent $32,083.50, whichexceeds the expense limit by $25,962.70.

She added she has no "latitude or discretion" on the matter, and "forfeiture of the office" is automatic if a financial statement shows expenses for"parties and other expressions of appreciation" after voting day exceed the amount permitted.

News 'sudden and shocking,' mayor says

Toronto Mayor John Tory said in a statement on Wednesday that the news is "sudden and shocking" foreveryone, including the councillor, his office staff, the city clerk and his constituents.

"Councillor Karygiannis worked hard over the last five years at city hall to serve the residents of Scarborough-Agincourt. I will be working to make sure those residents continue to be well-served by the city," Tory said.

In a statement on Wednesday, Karygiannis said a "clerical error" has been made.

"Upon close examination of the Supplementary Financial Statement, it was ascertained that there had been a clerical error in the completing of the paperwork.I am in contact with my solicitor and auditor in order to correct the error," he said.

"I look forward to continuing my work as City of Toronto Councillor for Ward 22 and serving the people of Scarborough-Agincourt."

Earlier on Wednesday, in an interview with CBC Toronto,Karygiannissaid something was filed in the wrong column in hissupplementary financial statement.

"This is not over yet," he told CBC Toronto. "I never overspent."

Removal for elections expenses is 1st for Toronto

City spokesperson Brad Ross said the removal of a councillor due to election expenses is a first for the city.

"On the face of it, he overspent by more than $25,000 onallowable expenses for a party. And under the Municipal Elections Act, that means you are in default and must then [forfeit]your seat and that seat then is declared vacant," Ross said.

"There is no leeway, there is no discretion on the part of the city clerk. The Act is very black and white on that," he said.

The only other ways that councillors can forfeit their seats is through filing their financial statements late or not filing at all, he continued.

"The spending limits areto ensure there is a level playing field across the board," Rossadded. "It is unfortunate for him."

Ross said the city clerk made the announcement on Wednesday because Karygiannis asked for an extension on filing his campaign expenses.The new deadline was late October and he just filed recently.

He added that Karygiannis's office will keep operating with staff in place.

Coun. Paula Fletcher, who represents Ward 14, Toronto-Danforth, said the situation is unusual and she expects the process to resolve it, given thatKarygiannisplans to go to court, will be long and drawn out.

"I don't think this has ever happened at the city before," Fletcher said.

"This is provincial legislation and the clerk is applying that legislation to each and every one of us and unfortunately, Coun. Karygiannis, it's been applied to him, and she has no other recourse than to declare him out of office."

Fletcher said the decision means there will be "no councillor" for Scarborough-Agincourt for now and the clerk will run the office to ensure the needs of constituents are met.

"This is just the first inning on this," she added.

Karygianniswonby over 2,600 votes

Karygiannisbeat Norm Kelly in Ward 22 in the 2018 municipal election by 2,649votes. Both were incumbents in their respective wards, but ran against each other in Scarborough-Agincourtafter Ontario Premier Doug Ford cut the size of Toronto council from 47 to 25 seats.

In 2016, the city's integrity commissioner found thatKarygiannisviolated the city's code of conduct on two separate occasions, during an "aggressive"confrontation with an UberX driver and by making repeated visits to a house over a parking dispute.