Saturday, September 25, 2010

PECULIAR PECUNIARY INTEREST


Just to recap:

A pecuniary interest is also called a conflict of interest.

In a nutshell the legislation provides that if an elected politician stands to gain OR lose financially in any decision made by Council (direct-themselves; indirect-a spouse, child or parent) they MUST declare a pecuniary/conflict of interest and not take part in DISCUSSIONS or votes. If the discussion or vote takes part in a closed meeting, they must leave the room-that is the ONLY time they must leave the room.

The September 13 post has details on Melancthon Mayor Fawcett's conflict.

The September 14 post has details on Shelburne Deputy Mayor Bennington's conflict.

The September 23 post has details on Mulmur Deputy Mayor Snider's conflict.

Today's post has details on Shelburne Mayor Crewson's peculiar pecuniary conflict.

Crewson declares a conflict on Highlands issues as Highlands is a client of Ed's insurance company. Fair enough. The Act provides for that.

EXCEPT Ed doesn't declare a conflict when discussing "policy" issues as it relates to a Highlands issue.

Example, Ed sat at the "policy" discussion table, and took part in the discussion at the committee level when the issue of Highlands clear cutting thousands and thousands of trees, in contravention of the County's tree cutting bylaw and ratepayers ask the County to enforce the bylaw. The County refused to do that, but decided in their infinate wisdom to draft a new bylaw, the discussions of which Crewson took part in.

I would argue that a sitting politician making their wishes known at the policy level about an issue as it relates to your biggest customer who caused the issue in the first place which brought about the drafting of a new bylaw, MIGHT be construed as taking part in the discussion and MIGHT lead other elected officials to know how you MIGHT vote, if in fact you could, but of course you don't because you declare a pecuniary interest-when it comes time to vote.

Hm...very confusing. And to be clear, if I feel that any sitting politician has a conflict and hasn't declared it, I have six weeks to bring a court action after I know about the conflict and it is only up to a judge to make a decision. Fair enough, but as a ratepayer I do have the right to question and make my OPINION known.

(NOT: to date FXXK all has happened with the new bylaw-lots of meetings, and staff time but nothing has been birthed through the two year process so it is business as usual for the County).

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