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Court ruling makes waves for smaller municipalities

UBCM plans to meet with provincial officials to look at legislative solution

A recent court ruling on conflict of interest is starting to have consequences for community organizations, putting some elected officials in a tough spot.

During a Colwood council meeting on Feb. 25 Coun. Rob Martin had to leave the room for an agenda item related to West Shore Parks and Recreation

Society, for which Martin is the chair.

 

The Jan. 11 court decision states an elected official to be in a conflict of interest when voting on decisions related to a society of which they are a member.

Previously, elected officials were only perceived to be in a conflict of interest if voting on a motion from which they could benefit financially, directly or indirectly.

B次元官网网址淔rom a council standpoint, we donB次元官网网址檛 want to put ourselves in a difficult position,B次元官网网址 Martin said. B次元官网网址淪o you end up erring on the side of caution and weB次元官网网址檙e not able to do the work that actually should get done.B次元官网网址

Beyond that, councillors now canB次元官网网址檛 provide information to council on behalf of a board.

B次元官网网址淲eB次元官网网址檙e appointed by council to be on that (board) so that we can report back,B次元官网网址 Martin said. B次元官网网址淐ouncil is now in a position that theyB次元官网网址檙e not able to actually hear from their own board members about why financial decisions are being asked.B次元官网网址

Langford has three councillors on the West Shore Parks and Recreation board, who will now have to excuse themselves from related decisions. That leaves four people, the minimum needed for quorum, and all would have to vote unanimously for anything to pass.

Coun. Lanny Seaton, who sits on the WSPR board, said he and the others will remove themselves from financial decisions council makes in relation to the society. He said the ruling shouldnB次元官网网址檛 cause many problems for Langford, but sees potential problems for smaller communities.

B次元官网网址淚t kind of affects them more because thereB次元官网网址檚 more societies,B次元官网网址 Seaton said. B次元官网网址淚 donB次元官网网址檛 think thereB次元官网网址檚 anything to worry about. The lawyers advised us not to do anything and thatB次元官网网址檚 what weB次元官网网址檙e doing, weB次元官网网址檙e just not voting on anything to do with money.B次元官网网址

Al Richmond, third vice president for the Union of British Columbia Municipalities and chair of the Cariboo Regional District, said a number of elected officials are resigning from boards to avoid conflict of interest.

The case on which the decision is related, involving Islands Trust on Salt Spring Island, is a unique one, Richmond said, and heB次元官网网址檚 concerned to see its far-reaching implications.

B次元官网网址淚 donB次元官网网址檛 know how you draw the lines with whatB次元官网网址檚 been done here,B次元官网网址 Richmond said. B次元官网网址淲eB次元官网网址檙e sort of caught in the crossfire.B次元官网网址

He agreed communities where elected officials serve on more groups and societies will suffer.

B次元官网网址淧eople in the smaller communities wear many different hats,B次元官网网址 Richmond said. B次元官网网址淰olunteer groups, non-profit groups are losing some very hardworking folks on some of their boards.B次元官网网址

Members of UBCM plan to meet with provincial officials to look at a potential solution at the legislative level. The executive and membership will have upcoming opportunities to discuss the issue and figure out further responses.

 

 

 





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