Campaign-aborting candidates miss city deadline to file expenses, likely headed to court
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Hey there, time traveller!
This article was published 10/04/2019 (2123 days ago), so information in it may no longer be current.
A plumber who wanted to run for city council said he was too busy and didn’t have the money to file an audited campaign expense statement now faces the prospect of a $5,000 fine and a ban on running in the next election.
Filippo Palmisani is one of two individuals who failed to file their audited financial statements by Dec. 24, as required by the city’s election bylaw.
“I didn’t even run and I really didn’t get any (campaign) donations,” Palmisani said when asked to explain why he hadn’t filed the audited statement. “I’ve not got tens of thousands of dollars and I haven’t got time for this s–t, right? When I do my income tax, I’ll hand it in. That’s it.”
Palmisani, who registered to run in Point Douglas, and Chad Panting, in Transcona, were among eight registered candidates who ultimately did not file nomination papers and whose names did not appear on the Oct. 24 ballot.
Now Palmisani and Panting face penalties that could include a fine of up to $5,000 and a ban from participating in civic elections until after the 2022 general election.
In a preliminary report to council’s governance committee, election officer Richard Kachur said that those eight individuals were required to file their audited financial statements by Dec. 24 but only six of them did.
Panting couldn’t be reached for comment.
Palmisani appeared confused and distracted when told filing an income tax return isn’t related to the civic election requirement.
“I didn’t even run and I really didn’t get any donations.”
— Filippo Palmisani
“Right, I know that, you know. Like, lookit, I’m just in the middle of something right now. I’m just a working stiff, OK?,” he said. “When I can get it in, I’ll get it in.”
City clerk Marc Lemoine told the committee that all individuals who registered their campaigns were interviewed by civic staff and informed of the requirement for an audited financial statement even if they ultimately withdrew from the campaign — as Palmisani and Panting did — and they also signed a document acknowledging they were required to provide the statement by the deadline date or they would be subject to prosecution under the bylaw and the City of Winnipeg Charter Act. In addition, each candidate received reminder notices by registered mail and email.
“The audited financial statements are important because they provide citizens with an assurance the actual dollars collected for the campaign were utilized and what dollars were actually collected,” Lemoine said.
Lemoine later told the Free Press that the audited campaign statements are a key component of the campaign rebate program for donors, explaining that when an individual claims a rebate for a campaign donation, it’s verified by the audited statement filed by the candidate.
“If you don’t file an audited financial statement, there are no rebates issued to anybody who contributed to the campaign as well.”
Lemoine said the city pursues prosecutions to demonstrate to potential candidates and the public the importance placed on the requirement to file the audited statement.
The largest fine imposed by the court in such circumstances is about $1,400, Lemoine said, pointing out that for individuals who withdrew from the race or didn’t file nomination papers, costs for an audited statement would likely run $200 to $300.
“We’ve been prosecuting individuals since 2006 and we’ve always been successful: the judge found each one guilty and assigned various penalties,” Lemoine said. “The fine is to drive home the point that this is important.”
Registered candidates who filed nomination papers and whose names actually appeared on the ballot are required to file audited statements by the end of day May 22.
Kachur said he will be filing a final report, reviewing the audited financial statements of all the candidates, to council for its July meeting,
aldo.santin@freepress.mb.ca
Previous prosecutions at Court of Queen’s Bench
2004
Marcel Boile – absolute discharge
Allan Golden – $400 fine plus costs
Jocelyn Greenwood – $400 fine plus costs
John Scoles – reprimand
Garth Steek – $750 fine plus costs
Shirley Timm-Rudolph – $400 fine plus costs
Ken Wong – $335 fine plus costs
2010
Ed Ackerman – $300 fine plus court costs and surcharges of $200
Ray Bach – absolute discharge
Livio Ciaralli – $500 fine plus court costs and surcharges of $300
Ron Dyck – $250 Fine plus court costs and surcharges of $175
Rav Gill – $300 fine plus court costs and surcharges of $200
Avery Scott Willie Petrowski – $500 fine plus court costs and surcharges of $300
Nancy Thomas – $500 fine plus court costs and surcharges of $300
2014
Regan Archambault – $100 Fine plus court costs and surcharges of $100
Hazem Aslan – $500 Fine plus court costs and surcharges of $300
John Cardoso – absolute discharge
Derrick Humphrey Davy – $200 fine plus court costs and surcharges of $150
Dave Donaldson – $200 fine plus court costs and surcharges of $150
Donovan Martin – absolute discharge
Trevor Mueller – $200 fine plus court costs and surcharges of $150
Michael Vogiatzakis – $400 fine plus court costs and surcharges of $300
— Data supplied by the City Clerk’s office
