Deputation to Civic Audit Committee

My name is Miguel Avila, a proud Latino Canadian, resident of

Toronto, I have attended several meetings at City Hall today I am
unable to attend due to a child of mine is sick at home. However I
am requesting the Committee Secretary to distribute to the
Committee Members my deputation.

I applaud the efforts of the City Auditor for introducing today

(knocking on wood) “better protection for whistleblowers who
speak up of wrong doings at the City ABC’s Agencies” after it
was revealed that an employee was fired for reporting an incident
to the city's fraud and waste hotline.

Auditor General Jeffrey Griffiths reported to the City Manager Mr.

Pennachetti, who in turn informed the office of the Mayor and the
Deputy Mayor, of an incident in which an employee was fired for
reporting an incident to the hotline. The worker is a female EMS
employee, who was rehired after Griffiths looked into the case.

The Employee complaint to the hotline, was related to the

inadequate “controls around staff schedules, attendance
and payroll management in the city's ambulance
department” It is also important to recognize that the employee
had several years working for the City Ambulance department
such termination action which would have cost the city
$119,000 in severance payment.

After all, whistleblowers who contact the Fraud and Waste Hotline
are supposed to be protected from recrimination -- dismissal,
discipline, threats or intimidation -- under the city's Fraud
Prevention Policy.

I will briefly elaborate my personal experience, I reported to the

Hot Line, in 2007 on an issue of abuse to the Auditor General in
regards the Toronto ZOO, and in 2009 I appeared at the City’s
Budget Committee to speak on several “ discrepancies” on the
Toronto Zoo’s Budget.
The National Post and the Globe and Mail reported my
dismissal in 2009

Toronto Zoo employee fired (an excerpt from the article)

National Post:

Miguel Avila, a custodian at the Toronto Zoo, came to City Hall

this morning to say that the zoo fired him yesterday for speaking
out about wasteful spending at the zoo. Mr. Avila worked three
years as a custodian at the Toronto Zoo.

Toronto Zoo janitor says his employer fired him for speaking out

GLOBE AND MAIL ( an excerpt from the article)

A Toronto Zoo caretaker said yesterday that he was fired for

criticizing his employer in front of the city's budget committee.
But a zoo spokeswoman says he is "not a whistle-blower." Miguel
Avila, 44, says he was fired on Monday by the Toronto Zoo... Full
Article at Globe and Mail

The current C.O.O of the Toronto Zoo Mr. Robyn Hale ,

personally wrote the letter of dismissal on March 10 2009.

It is important to notice that Mr. Griffiths had already emphasized

the importance of protecting whistleblowers in his 2006 and
2009 annual Fraud and Waste Hotline reports -- specifically
proposing that guidance and training be provided around
whistleblower protection. I am wondering if Mr. Robyn Hale, did
ever received any training and guiding with respect to it?

I am glad today Mr. Griffiths reiterates more than once in his

report that the city manager must immediately ensure all
managers know "retribution" for calling the city's snitch line will
not be tolerated. In fact, the A-G proposes that in instances
where retribution is proven, action be taken against staff who
have instigated the dismissal, discipline or intimidation. Is the
City’s General Manager Mr. Pennachetti, conducting perhaps an
investigation into the recriminations made by Mr. Robyn Hale to
Miguel Avila? Mr. Pennachettti probe me wrong, please.
It is reported on the media that the A.G and quote a media
article:

"We've got to go deeper into that and find out who's

responsible for that and take some action," "Because that
just can't go on."

Moving on, I am quite surprise at this statement made to the

media by our Mayor Mr. Ford: While there is already a law,
( excuse me, What Law? ) in place to protect those who come
forward with evidence of wrongdoing, Mayor Rob Ford has said he
wants to draft a tougher bylaw as soon as possible. Personally, I
wasn’t aware of such law at the Toronto ZOO? No one ever care
to mentioned to me the existence of such law.

I agree with Ms Batra , the Mayor’s Press Secretary, ( quoting) :

“The reason why these things come to light is because of one
individual that has the courage to stand up and say, ‘You know
what, something's wrong here,'" "Those individuals need to be
protected."

I do hope today the Committee will unanimously approve such

protection bylaw today to protect any future “Miguel Avila’s” from
vengeance, intimidation, reprisal and termination from
Employment just because you have the courage to come forward.

In closing a final quote from a member of the committee "We

want to get to a corporate culture where you are applauded for
bringing something like this to light" Please Mr./ Mrs. Chairperson
of the Audit Committee, make it so today.

Thanks for allowing me the opportunity to comment on item AU

1.6

Sincerely Yours,
AVILA MIGUEL
Ward 1 Resident