Toronto mayor failed to observe terms of Human Resources Management and Ethical Framework for Members' Staff
Former Toronto mayor John Tory committed two cases of violations against the Code of Conduct for Members of Council during his days as the top official of the city, according to the city's integrity commissioner.
On Feb. 10, 2023, the same night he announced his intention to resign the office of Mayor, Tory requested that Jonathan Batty, integrity commissioner, investigate his conduct.
“My inquiry considered six issues and in two cases, I have found that Mr. Tory did violate the Code of Conduct for Members of Council (Code of Conduct),” said Batty.
Workplace romance
Tory’s first violation involved his romantic affair with a staffer identified in the report as “Ms. A”. The two began “a consensual personal relationship” in the summer of 2020 and continued until January 2023, according to the report.
Tory failed to observe the terms of the Human Resources Management and Ethical Framework for Members’ Staff and, therefore, violated Article XV (Failure to adhere to Council Policies and Procedures) of the code. This is because he did not:
- disclose the relationship to the Office when it began in order to get advice.
- contemporaneously document the measures being adopted to address the issue in the workplace.
- seek advice from the Office with respect to the position upgrade provided Ms. A or what support he could provide her in seeking new employment.
- respect the established reporting relationships in the Mayor’s Office so as to not isolate Ms. A.
- give instruction or direction to his Chief of Staff, who was the person delegated responsibility for managing staff in the Mayor’s Office.
- respect Ms. A’s right to confidentiality in the workplace and to obtain independent advice.
- appreciate that the workplace, especially during the pandemic, extended beyond just being physically present in the Mayor’s Office at City Hall.
According to a previous survey by ADP Canada, one-third of Canadians are either romantically involved with a co-worker or have been in the past.
Bid for FIFA World Cup 2026
Tory also violated Article VIII (Improper Use of Influence) of the code of conduct with Toronto’s bid to participate in the FIFA World Cup 2026, said Batty.
From April 2021 onwards, Nick Eaves, the chief venues and operations officer of Maple Leaf Sports & Entertainment (MLSE), lobbied elected officials and City Officials on World Cup matters.
However, between April 2021 and August 2022, Ms. A reported to Mr. Eaves and was centrally involved in the steering committee supporting Toronto’s World Cup bid.
After Toronto learned in June 2022 that its World Cup bid was successful, the city manager returned to the city council in July 2022 and sought approval from the council to negotiate an exclusive contract with MLSE to provide some hosting services. The council, including Tory, voted to approve that recommendation.
Within a few weeks of that vote, MLSE offered Ms. A a permanent position.
“Ms. A’s value to MLSE improved once Council directed MLSE could be awarded an exclusive contract for event services, given Ms. A’s government relations and related operational expertise,” said Batty.
Tory claimed he had no conflict of interest arising from his relationship with Ms. A because the City of Toronto and MLSE were “on the same team” when it came to the World Cup. He was a co-chair of the planning and steering committees where Ms. A and other MLSE officials were included and knew Ms. A played an integral role in supporting the City’s World Cup bid.
“Applying the test under Article VIII (Improper Use of Influence), it is apparent that Mr. Tory violated this provision,” said Batty. “In the summer of 2022, when he was in a personal relationship with Ms. A, Mr. Tory voted on two matters at Council that would have [a] direct bearing on Ms. A’s employment at MLSE. Mr. Tory had a strong emotional bond to Ms. A.”
After being plagued with issues of worker safety in the 2022 edition of the World Cup, soccer’s international governing body FIFA looked to hire a CHRO for FIFA World Cup 2026.
No sanctions for Tory
In the end, Batty recommended that the council not sanction Tory.
“The penalties available to Council are suspension of a Member's remuneration or a reprimand of the Member,” he said.
“It is clearly not possible to suspend Mr. Tory's pay, he has left office. While it may be within the authority of council to reprimand a former Member, it is my view that reprimanding a person who requested I investigate their conduct as they resigned office would serve no purpose.”
Tory’s affair and resignation put workplace romances in the spotlight, according to a previous report.