City solicitor says Dolcetti hiring is legal

The hiring of Jerry Dolcetti as the City's Commissioner of Engineering and Planning doesn't violate Ontario's Professional Engineers Act, City Solicitor Lorie Bottos says.

As SooToday.com has previously reported, Mayor John Rowswell refused earlier this month to sign a by-law appointing Dolcetti to the position.

"I could not bring myself to sign the by-law 2004-92, as the Professional Engineers Act is very clear about corporations found guilty of an offense if non-engineers are doing work within the practice of professional engineering work at the direction of their employer," Rowswell said.

Bottos was asked for his opinion on the issue by Ward 3 Councillor Pat Mick, who will be acting mayor at Monday's Council meeting and must decide whether to sign the bylaw herself.

"My view is that signing the by-law in and of itself does not attract liability under the Professional Engineers Act," Bottos says in a memorandum to Mick and other councillors.

However, Bottos cautions that it will be important to ensure that Dolcetti does not perform any engineering work.

Here's the full text of Bottos' reply to Mick:

******************* File No. A.3.2.

REPORT TO: Acting Mayor Pat Mick and Members of Council REPORT FROM: Lorie Bottos, City Solicitor

DATE: 2004 05 31

RE: By-law 2004-92 - Appointing Jerry Dolcetti as Commissioner of Engineering and Planning

Appearing on Council's agenda this evening is By-law 2004-92.

This by-law was also on the last Council agenda.

Mayor Rowswell had some concerns about signing the by-law because of the Professional Engineers Act of Ontario.

Councillor Mick asked for my view on that position.

My view is that signing the by-law in and of itself does not attract liability under the Professional Engineers Act.

If a non-engineer does engineering work then the Act would apply.

Mr. Fratesi has confirmed with the Professional Engineers Association of Ontario that the title of the position does not violate the Act.

Therefore, it will be important to ensure that the work done by the Commissioner does not fall into the realm of engineering work.

In summary therefore, signing By-law 2004-92 does not violate the Act.

Yours truly,

L.A. Bottos, City Solicitor

******************* SooToday.com background articles and documents

Jerry Dolcetti gets a promotion Mayor accuses City of hiring irregularities City cautioned about legality of Dolcetti hiring (Leaked memo) Why Rowswell opposed Dolcetti hiring Final word from engineers: Dolcetti hiring was okay Rowswell sticks to his guns, blames staff for leaks