Ford’s Teflon coating leaves him 3-for-3: James
When you’ve stared down a million-dollar libel lawsuit and side-stepped conflict-of-interest charges that threatened to toss you from office, a string of forensic discoveries of microscopic misdemeanors isn’t going to faze you.
So Mayor Rob Ford sat through Monday’s compliance audit committee hearing, working the chewing gum, staring straight ahead, unperturbed by another minor annoyance.
And when the verdict came — a 2-1 split decision — it was almost anti-climatic. Ford wins again. He overspent on his election campaign but he won’t face prosecution.
The mayor is batting a perfect three-for-three in court cases. The mighty opposition has struck out.
Ford’s the all-time, undefeated champion of the courts — a slippery eel of a politician coated in Teflon. Feeling his oats following an amazing 2013, the mayor must wish election day was this fall, and not 2014.
“We ran a clean, professional, above-board campaign,” Ford said in a news conference following the victory. As he spoke, Councillor Adam Vaughan watched on television, seething.
“This is offensive,” Vaughan hissed. “There’s not a rule he didn’t break. There are no consequences if you break the rules. And if you find rules that are broken, it doesn’t matter.”
Ford plowed ahead. “This is a great day for democracy,” he bellowed, almost with a wink. Vaughan, disgusted, walked out the room.
The compliance audit committee had engaged a forensic auditor to examine Ford’s election campaign expenses after two citizens complained about apparent contravention of election rules. Auditor Bruce Armstrong reported multiple “apparent contraventions” of rules and an over-expenditure of $40,168 during the run for mayor in 2010.
Campaign rules appear fairly strict. A candidate can be tossed from office for failure to comply.
Armstrong reported Ford took a no-interest loan from his family business for $77,722. The loan and the low interest are illegal, considered prohibited corporate donations. Ford lawyer argued Ford thought he was borrowing from himself, as he is one of the owners of the family firm.
Another family firm also gave the campaign preferential credit terms on $119,372 the campaign spent with the sign-making company.
Armstrong believed at least four events Ford claimed as fundraisers — a strategy that exempts them from campaign expense limits — were, in effect, promotional events.
The Ford campaign took corporate donations (banned by the city in 2009); accepted cash donations larger than $25; spent money on the campaign before he announced his candidacy; benefitted from five pre-election fundraisers organized by others outside the campaign; and the like.
Ford has proven adept at picking brilliant legal help. Alan Lenczner out-foxed Clayton Ruby in the conflict-of-interest drama. Gavin Tighe out-manoeuvred Brian Shiller in the defamation lawsuit over the Tuggs deal. And on Monday, it was no contest in Tom Barlow versus Heidi Rubin.
Barlow skillfully painted Ford’s missteps as minor indiscretions. Yes, he overspent, but by only 3 per cent on a spending limit of $1.3 million. Councillor Giorgio Mammoliti faces legal action for overspending 44 per cent on his councillor campaign limit of $27,000. If he had overspent like the mayor, the amount would have been just $810 over the limit and no legal action would have been launched, Barlow told the three-member panel that oversees election expense laws.
They bought the argument that it was not in the public interest to prosecute the mayor.
Vaughan wanted to know: how much can a politician overspend before violating the clear rules?
This case suggests that if you cooperate with the auditor, keep good financial records for the most part, plead good intent, and get a good lawyer you can get away with quite a bit in an election campaign.
“He cheated,” Vaughan said. “The rules are there to prevent rich folks from buying the election. Well, the bully wins again. It’s sickening.”
The mayor’s opponents are left sucking sour grapes.
Royson James usually appears Tuesday, Thursday and Saturday. Email: rjames@thestar.ca
