Once a person decides to run for a municipal council, and are elected, they hold a very important place within the community. After becoming an elected official, councillors are required and expected to act as a leader for the citizens they now represent.
Part of this is the “Code of Ethics” which each councillor affirms to follow. This code guides them to be objective, be honest, show respect, be transparent and accountable, be responsible, show leadership and have the public interest in mind; all this while keeping confidentiality within the council positions held.
Councillors must not use their position for personal gain in any way and must disclose any conflict of interest, real or perceived, that they may have a financial or public interest in.
Conflict of interest is a very serious issue, and usually isn’t much of an issue in the bigger municipalities where the council member isn’t family or friends with many in the town or village.
Councillors are tasked to perform due diligence on their decisions and ensure that, even if there is a remote possibility that a conflict exists, they discuss it with the Mayor and/or council.
The Saskatchewan Municipalities Act is not a guideline, but the law that every municipality must follow; no ifs, ands or buts.
These laws are to be followed if you have three council members or thirty. Smaller councils will have a more difficult time maintaining a quorum once councillors start removing themselves from a discussion due to conflict of interest; the Municipalities Act has a section if a quorum is lost as well.
The Saskatchewan Government also has a Council Members Handbook for Municipalities that addresses this issue. The handbook states, “The onus to declare a conflict of interest is solely on you. As an elected member of the council, you have taken an oath or affirmation that you will perform the duties of your office which includes the conflict of interest provisions in legislation. If you fail to declare a conflict of interest, a voter or a council can apply to the court if they believe that you have violated the conflict of interest rules. Contraventions of conflict of interest provisions are the reason for disqualification and only the Court of Queen’s Bench can determine if a council member has a conflict of interest or if they should be disqualified.”
What Do I Do When I Think I May Have a Conflict of Interest?
As a member of the council, you cannot use your office to influence a decision made by another person to further your private interests or the private interests of a closely connected person.
A council member must disclose an interest each and every time the matter, in which an interest is held, is brought before the council. Disclosure of interest at one meeting does not carry over to other meetings or last for the full term of council. If a council member is absent from a council meeting where a matter that the member has an interest is discussed, the member must disclose the interest at the next council meeting.
All situations of real or perceived conflict of interest, as well as bias, should be assessed with great caution. At any point where the subject of potential conflict arises, be it at a committee or council meeting, or even outside of a meeting format, legislation requires the member to abstain from voting and not participate in discussion in any way, be it formally or informally. Informal participation extends to being present in the room, as influence can be exerted through body language as much as verbal or written communication.
If an interest is properly declared, there is no conflict in the decision made by the council. When an interest is declared, the declaration:
occurs before any consideration or discussion, requires that the general nature of the conflict be disclosed, includes any material details that may reasonably be seen to affect the member’s impartiality, and involves the person making the declaration to leave the room while the topic is being discussed and decisions relating to the topic are being made. A declaration of a conflict of interest including the general nature, the material details, and the abstention or withdrawal from council chambers is recorded in the meeting minutes.
What Can I Do if I Suspect Another Member of Council has a Conflict of Interest?
Individual council members are responsible to declare a conflict of interest. If you suspect that another councillor has a conflict of interest that is not being declared, you may identify the concerns by informally speaking to the affected council member, formally raise the concern by making a resolution with a recorded vote or asking the administrator to place a notation in the minutes (this may already be in your council procedures bylaw), lodge a formal complaint under the code of ethics by law, and take the matter before a judge to make a determination.
Personal gain through a conflict of interest is a very real issue faced by council members when they make decisions for their municipality. The counselor must always show due diligence to ensure they make it known any possible conflicts of interest, real or perceived.
By Gary Horseman
(Local Journalism Initiative Reporter)
garyfourtownjournal@gmail.com
Four-Town+ Journal