Community members, councillors, and staff learned last week that the Code of Conduct for councillors contains statements of principle, but lacks the language to actually prohibit conflicts of interest and make complaints about conflicts enforceable.

A deputation by Paul Allen about the new Integrity Commissioner’s opinion on the Code echoed the concerns of County Clerk Catalina Blumenberg and Mayor Steve Ferguson. A staff review to bring the Code up to standard is underway. 

The issue came into focus following complaints that Councillor David Harrison had a conflict of interest when voting on matters related to Picton Terminals. His son, Drew Harrison, owner of Drew Harrison Haulage Ltd., does business with Picton Terminals and may benefit from any expanded operations. 

In his February 10 deputation, Mr. Allen explained that after filing a complaint with the County’s Integrity Commissioner, David Boghosian, in December, he was told that the Code of Conduct contained unenforceable guidelines around conflicts of interest.

“To my surprise…the commissioner found that what looked to me to be an imperative to Council that members shall avoid conflicts of interest both apparent and real [is] merely a statement of principle,” Mr. Allen said.

“According to the Integrity Commissioner, statements of principle generally do not create enforceable obligations that can ground a finding of a code of conduct violation.”

Municipal Integrity Commissioners provide formal advice to Council members and assess complaints according to both the Municipal Act and a Code of Conduct. 

Councillor Harrison sought the advice of the County’s former IC, Robert Swayze, who gave the opinion that there was no conflict of interest. After Council voted to end Mr. Swayze’s term, the interim IC, Meaghan Barrett of the law firm Aird & Berlis LLP, declined to contradict her predecessor and upheld Mr. Swayze’s formal advice to Councillor Harrison.

Councillor Harrison has not sought the advice of the new IC, David Boghosian, on the possible conflict.

Mr. Allen demonstrated that codes of conduct vary across municipalities, and the County’s has some of the weakest language around enforcement in the region. 

The Council Code of Conduct does not have a specific section on conflicts of interest. Section Seven, “Improper Use of Influence,” states: “Members of Council should not use the status of their position to influence the decision of another individual to the private advantage of oneself, or one’s parents, children or spouse, staff members, friends, or associates, business or otherwise.”

The Code does not define what a conflict of interest is. The only mention is under Section Two: General Integrity, which states: “Members shall avoid the improper use of the influence of their office and shall avoid conflicts of interest, both apparent and real.”

“They’re not rules, if you like, to which members of Council can be held to account,” Mr. Allen said.

Mr. Allen compared the County’s Code to those of six neighbouring municipalities and found that they all define both pecuniary and non-pecuniary conflicts of interest.

Non-pecuniary conflicts of interest are where there is no direct financial gain, but a personal interest that might influence decision making, such as one stemming from a relationship.

“The County is actually the outlier here,” Mr. Allen noted. “The six comparator municipalities all have very clear definitions and rules around conflicts of interest in their codes of conduct.”

An example from the Greater Napanee Code states: “if a member has a non-pecuniary interest, the member should declare the non-pecuniary interest and then leave the meeting and shall not participate in any discussion or vote on the matter and shall not attempt to influence voting on the matter in any way, before, during, or after the meeting.”

Members of Council and staff agreed that a policy amendment should be a priority.

“Yes, it is a matter that the Clerk’s office has brought to the attention of Council, that needs to be amended and adjusted,” said Mayor Steve Ferguson, adding that the municipality has been waiting for provincial guidance on any changes.

“I don’t want to put words in the Clerk’s mouth but I know this is very much top of mind for her to get this attended to as soon as possible.”

Clerk Catalina Blumenberg confirmed that her office is working on outstanding direction from Council to review the policy and that Council will receive a report sometime this year.

“We hear you that this needs to be a priority and we do commit to making it part of the workplan,” she said.