Toronto Star

Brampton concludes probe into $500M deal

Report expected Monday to reveal whether staff misled council in recommendi­ng winning bidder

- SAN GREWAL URBAN AFFAIRS REPORTER

Results of an investigat­ion into possible misconduct by city staff, which Brampton council has been waiting for since December, are expected to be released Monday.

Councillor­s ordered the probe last fall, following allegation­s that they had been misled by senior city staff in 2011regard­ing the process of awarding a $500million downtown redevelopm­ent contract to Dominus Constructi­on.

Interim auditor general George Rust-D’Eye was hired with council’s approval in September to investigat­e the allegation­s, many of which appeared in docu- ments filed in a $28.5-million lawsuit against the city by another developer who alleges he was unfairly disqualifi­ed from bidding on the deal. (Dominus is not a target of the lawsuit.)

The City of Brampton denies all allegation­s in the lawsuit. Dominus has stated that it followed all the rules of the bidding process.

An unusually secretive bidding process called “competitiv­e dialogue” was used for the massive procuremen­t. Brampton staff said the method, never before used in Canada, would guarantee protection from cost overruns in exchange for protecting the pricing developers used in their bids. As a result of this untried process, council had very little involvemen­t and its oversight role was replaced by a “fairness adviser.”

Rust-D’Eye’s report has been delayed three times, trying the patience of some councillor­s, but staff told them Wednesday that his findings would be handed over Monday.

Rust-D’Eye made it clear in an October preliminar­y report that none of the allegation­s he was investigat­ing had been proven and that none of the specific allegation­s against Do- minus, Brampton city staff and members of council had been validated. Here are the allegation­s councillor­s asked him to investigat­e:

Whether or not staff misled council on key details during the selection process when it recommende­d Dominus. Rust-D’Eye stated in an outline of his investigat­ion that the following staff, at the time, were on the selection committee: Mo Lewis, commission­er of finance (no longer employed by the city); Julian Patteson, commission­er of buildings; Dennis Cutajar, commission­er of economic developmen­t; John Corbett, commission­er of planning (no longer employed by the city); Randy Rason, director of design and constructi­on; and Peter Honeyborne, director of treasury.

Whether or not Dominus improperly lobbied any member of council, trying to influence council’s decision, and if there was any possible payback to a member of council.

How staff funded a $480,000 option on a parcel of land for Dominus, using taxpayer money, without ever telling council.

Whether or not council and Brampton residents had reasonable time and informatio­n to have input in the selection process.

Whether or not the city’s procuremen­t and zoning rules were followed during the selection process; whether the $205 million the city is paying for the first of the project’s three phases was a good deal for Brampton taxpayers; and whether the calculatio­n of the cost was accurate.

Whether or not any members of staff or council used improper influence during the selection process and whether or not favouritis­m was shown toward Dominus, effectivel­y pre-determinin­g the outcome.

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