HomeMy WebLinkAboutAdmin 48-84CORPORATION OF THE TOWN Uf NE I-ASTLE
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R�PORT TO THE NEWCASTLE COMMUNITY SERVICES PLANNING BOARD
ADMIN. 48 - 84
�I SIOBJECT: CONFLICT OF INTEREST
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RECOMMENDATIONS:
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Lt is respectfully recommended that the Newcastle Community Services
Planning,Board receive this report for information.
BACKGROUND AND COMMENT: .
At the May 2nd 1984 meeting of the Newcastle Community Services Planning
Board, it was indicated by Resolution CSB-31084 that members wished to talk
about the Conflict of Interest legislation at their next meeting.
As a result of the May 2nd discussions, I took the liberty of contacting
Mr. Michael Smither who is the editor of Municipal World. Mr. Smither
has had extensive dealings with the Conflict of Interest legislation and
in fact was one of the prime authors of the new Conflict of Interest
legislation.
The major concern of Board members seemed to centre on whether or not a
Board member would have a conflict of interest if he or she were to discuss
or vote upon an issue which came before the Newcastle Community Services
Planning Board from a local board to which he or she was also appointed.
Mr. Smither referred me to Section 4, subsection h of the legislation which
states "Section 5 does not apply to a pecuniary interest in any matter
that a member may have by reason only of his being a director or senior
officer of a corporation incorporated for the purpose of carrying on
business for and on behalf of the municipality or local board or
by reason only of his being a member of a board, commission or other body
as an appointee of a Council or local board."
For the information of-Board members, "local board" is defined in the
legislation to include such bodies as a local hall board, or the
Community Services Planning Board.
ADMIN. 48 - 84
It was Mr. Smither's view that a member of the Community Services
Planning Board would not have a conflict of interest in voting on a
matter coming before the Board from a local board to which he or she
belongs. It is his view that the legislation provided clearly that
such a person could vote provided he met the test "b reason only".
P P Y Y
"By reason only" means that if there was extenuating circumstances
such as payment of remuneration for a project to the specific
Beard member h h
o e er t en there would be a conflict.
The distinction on this point may be made clear by way of an example.
If a member of the Community Services Planning Board who also served
on a local board heard a request from a local body which involved
making renovations to their building, such a member could vote on
the issue without conflict. However, if the member voted on the
disposition of a presentation through the Planning Board, which was a
request by a local board for financial assistance towards the general
operating expenses of the board, and if further, such member was also
a member of the local board and was receiving remuneration for the
maintenance of the building, then such member would have a conflict
of interest to vote on such a request.
In making these comments, I should caution that neither Mr. Smither
nor I are lawyers. Where there is doubt, you should feel free to
contact your own solici'�'ors for advice.
Hopefully, the comments contained in this report will provide
stimulus for discussion at your June meeting of the Board.
DSJ:nof
David S. Johifston, M.C.I.P.,
Chief Administrative Officer