I have personal knowledge of the facts as set out in this affidavit, because I was present on September 5, 2012, at 361

University Avenue, Toronto, during the application hearing in Ontario Superior Court, Court File No. CV-12-448487 (Paul Magder v. Robert Ford). I have also referred to section VI of the Code of Conduct For Members of Council City of Toronto. Finally, my personal knowledge of certain events attested to below comes from my own reading of the media and Internet searches. I have reasonable and probable grounds to believe that a member of Toronto City Council, Mayor Rob Ford, has contravened section(s) VI of the Code of Conduct for Members of Council (the "Code of Conduct"). The particulars are as follows: 1. This complaint arises from Mayor Fords use of City of Toronto resources for the promotion and operation of the Rob Ford Football Foundation and football clubs led by Mayor Ford. It is alleged that Mayor Ford contravened article VI of the Code of Conduct.

Contravention of Article VI Use of City Property, Services and Other Resources Use of Staff Resources for Football Foundation Fundraising 2. Mayor Ford has a history of abusing the Code of Conducts Article VI Use of City Property, Services and Other Resources. This article states:
No member of Council should use, or permit the use of City land, facilities, equipment, supplies, services, staff or other resources (for example, City-owned materials, websites, Council transportation delivery services and member of Council expense budgets) for activities other than the business of the Corporation.

3.

While the Integrity Commissioner has received, investigated and resolved multiple informal complaints regarding council member Rob Ford and Article VI of the Code of Conduct, a May 4, 2010 complaint from a resident concerned about a fundraising solicitation made by (as he then was) Councillor Rob Ford was the Integrity Commissioners first formal investigation. The Integrity Commissioner found that: The City of Toronto logo was on the envelope and the letter. The letter was printed on then-Councillor Fords letterhead and included a watermarked drawing of Etobicoke North, Ward 2, the area he represented. On the back of the envelope there was an embossed gold seal with the City of Toronto logo and, Rob Ford Etobicoke North Councillor stamped into the seal. The letter was postmarked March 19, 2010.

4.

The Integrity Commissioners investigation of the May 4, 2010 complaint concluded with a report submitted to Toronto City Council on August 12, 2010. The report determined that council member Rob Ford had contravened articles IV, VI and VIII of the Code of Conduct, and recommended that he be compelled to personally repay $3,150 in donations that had been made by registered lobbyists and businesses in a relationship with the City of Toronto. On August 25, 2010, City Council voted in favour of adopting this recommendation.

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5.

On September 5, 2012, at 361 University Avenue, Toronto, in courtroom 6-1 during the application hearing in Ontario Superior Court, Court File No. CV-12-448487 (Paul Magder v. Robert Ford), I heard Mayor Rob Ford testify under oath that he stopped using City resources to assist his Football Foundation. According to the September 12, 2012 article, Toronto Mayor Rob Fords office aides help run his football teams by Kelly Grant and Elizabeth Church, published in the Globe and Mail, Mayor Ford made the following statement in court that acknowledged his understanding that the use of City resources is not permitted:
I did use my staff [for the football foundation] and I was wrong to do that ... thats been rectified numerous years ago.

This quote conforms with my memory of that portion of his testimony. I also recall that, in his cross examination of Mayor Ford, lawyer Clayton Ruby read section VI of the Code of Conduct out loud, and specifically referred to the Integrity Commissioners finding that then-Councillor Ford had used City of Toronto staff for his foundations business. 6. On September 5, 2012, I witnessed Mayor Rob Ford being questioned under oath by his own lawyer, Alan Lenczner. Mr. Lenczner asked if the mayor is still involved with the solicitation of funds for his football foundation. The answer indicated that he spoke about it with pretty much anyone and everyone I meet ... even in Calgary and Edmonton this summer." The mayor mentioned the he would target everyone and anyone I meet for a donation, and mentioned handing out his business cards. On cross examination, I heard Clayton Ruby, the lawyer representing Paul Magder, state, You said earlier that you are always handing out cards. Do you have one with you? Mayor Rob Ford indicated he did, and handed one to Mr. Ruby, who I remember then asked, You don't think it is a problem to hand out your city hall card to raise funds for your foundation? Without hesitation, Mayor Ford responded, No, it does a phenomenal job. Based on this exchange, it can be assumed that this business card has the City of Torontos logo and address on it, as well as the mayors title, email address and office phone number. A copy of the Toronto Suns September 5, 2012 article Rob Ford shows he doesn't get the conflict allegations by Michele Mandel, generally supports my recollection of the above exchanges. I also recall Mr. Ruby asking whether it was a good idea to use that card in light of the criticism spelled out in the Integrity Commissioners 2010 report to council. Answer: I am not quite sure what other card I would use. Mr. Ruby then referred back to the section of the report under the heading Article VI-Use of City Property, Services and Other Resources, quoting from it. Soon after this, Mayor Ford contradicted his earlier answer to Mr. Lenczner. Rather than generously handing out cards to all those who might possibly donate to his foundation, he told Mr. Ruby that it was not a common occurrence for him to talk about his foundation in the first place, but only after clear interest is indicated and long conversations have been had, nor was it often that he would hand out his business card in association with the request to consider donating to the foundation. In relation to this information, please note that the aforementioned August 12, 2010

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report to council stated: The former Integrity Commissioner reported on the private use of the City logo by Councillor Ford on December 11, 12 and 13, 2007. Council adopted the finding that using the City logo for purposes other than City business was a violation of Article VI of the Code of Conduct. 7. On April 3, 2012, Mayor Ford organized a publicity event to announce his Football Foundations $5,000 donation to Blessed Mother Theresa Catholic High School. This was later announced using the mayors Twitter account (user name Mayor Rob Ford, Twitter address @TOMayorFord). The [] tweet [...] has an embedded link to a SNAP Scarborough feature including many photos of the event. On June 28, 2012 Mayor Ford testified in his lawyers office regarding Court File No. CV-12-448487 (Paul Magder v. Robert Ford) that his receptionist, Tom Beyer, a City of Toronto employee, operated this Twitter account. This fact was again repeated in court last week in my presence. Photos of this event were published by local media. A web search indicates the news was also featured in at least one 2012 school board e-bulletin, which goes on to say:
In 2008 Mayor Rob Ford created a Football Foundation to help fund football programs at high school across Toronto. Mayor Rob Ford came to Scarborough and donated $5,000 to Blessed Mother's Teresa's Football Progam [sic]. Scarborough Events May 2012, Toronto Catholic District School Board eBulletin, May 14, 2012

Several of the images found include an over-sized promotional cheque for display purposes. The cheque reads, Rob Ford Football Foundation, DATE April 3 2012, PAY BLESSED MOTHER TERESA, $5,000.00 - FIVE THOUSAND - DOLLARS, PER MAYOR ROB FORD. [O]ne such picture [was] featured on TorontoSUN.com. It is possible that Mayor Fords press secretary was involved in organizing this photo opportunity. 8. On July 18, 2012, Mayor Ford held a fundraiser for his Football Foundation at the Cherry Street Restaurant in the Port Lands. [There was a] LinkedIn invitation to this event. A video was taken at this event and posted on the Internet for a time. On the video, the events organizer says:
I want to thank Isaac (Shirokoff) and Earl (Provost), your chief of staff; they were tremendous in helping me put this together. I run everything through em, they got back to me, and I couldnt have done it without them.

The Toronto Star reported on this video, quoting Mayor Rob Ford:
I want to thank Isaac Isaacs been with me for a couple years now; hes been helping me left, right and centre with these kids.

Not noted in the piece [September 12, 2012 Toronto Star article, Mayor Rob Ford takes heat from taxpayers group for using city staff for football]: near the end of his speech, the mayor also says, I really don't listen to rules sometimes, followed by a smattering of laughter.

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9.

All of these facts suggest that, despite his sworn testimony to the contrary, Mayor Fords City Hall office staff remain involved in the work of the Rob Ford Football Foundation. This is a clear and ongoing breach of Article VI of the Code of Conduct. Use of staff and other resources for promotion and administration of football teams Recent media reports suggest that Mayor Ford uses city resources to support the football teams that he coaches. The September 12, 2012 edition of the Globe and Mail feature Toronto Mayor Rob Fords office aides help run his football teams cites a reporter witnessing Andrew Gillis a staff member in the Mayors Office participating in a practice for the Don Bosco Eagles football team at 3:30 p.m. This same article notes that two of Mayor Fords special assistants Chris Fickel and Isaac Shirokoff listed City-issued cell phones as contact numbers on promotional materials for the Rexedale Raiders. Further, a Facebook posting dated March 26, 2012 featured a picture of a poster used to recruit players. On that poster, Mayor Ford is identified as the Head Coach of the team. The contact for player registration is Isaac Shirokoff. In a different Facbook comment, another member of Mayor Fords office staff, Chris Fickel, is seen on the Rexdale Raiders Facebook page playing a leadership role in organizing players for a game. Finally, the Toronto Star notes:
Two junior members of Fords staff are listed as primary contacts on the Facebook page for his two summer teams. The phone numbers listed for special assistants Chris Fickel and Isaac Shirokoff are owned by the city, a city spokesperson said. A source who worked in the mayors office said Shirokoff spent the majority of most work days on football and regularly used a city car to ferry players and to attend games and practices. It was not during off hours, the source said.

10.

11.

12.

13.

Doug Ford appeared to concede that Shirokoff, who has now left the mayors staff and
could not be reached for comment, had used a city car for football. Shirokoff used a single car to drive around and do everything, Doug Ford said on CBC Radio One.

Conclusion 14. It is respectfully submitted that there are reasonable grounds to conclude Mayor Ford has breached article VI of the Code of Conduct by using City resources for both his Football Foundation and his football coaching. Mayor Fords dedication to youth football is admirable. However, he should do it on his own time, outside of the standard, professional business hours during which much of the Citys work is done. He should also not do so with the assistance of City resources. No matter the cause, Mayor Ford must be expected to follow the Citys ethical rules. Respecting the taxpayer means respecting the rules. His job is to set the tone for other members at City Hall, communicating through his actions and leadership the kind of standards he expects in Council.

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