Sask. ombudsman creates conflict of interest checklist for municipalities

Municipal politicians in Saskatchewan may not always be clear on how to identify a conflict of interest, sonow they have a checklist.

It was released by the office of the provincial ombudsman Tuesday, along with the results of three investigations into potential conflicts.

The ombudsman's office was given jurisdiction over municipalities in November of 2015. In the two years since, it said it has received at least 1,000 municipal complaints. Arounda third of thosepertained to conflicts of interest.

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The province's ombudsman, Mary McFadyen, hopes the investigation results and the checklist will provide municipal council members with the knowledge they need to avoid conflicts.

"They sign anoath saying that they understand the conflict of interest rules and that they will follow them," she said.

However, she added it is possible that not all who sign the oath understand the rules.

Investigation results

In one investigation, a complaint had beenlodged about a man acting as both a council member and a waterworks operator for the RM of Orkney.

The ombudsman determined that the man had agreed to work as a waterworks operator because no other party had responded to an ad for the position. He was present as a council member at the meeting during which he was appointed to the position and at subsequent meetingswhen his invoices were approved.

The RM accepted the ombudsman's recommendations that the appointment be voted on againand that the man take the proper steps to deal with his conflict.

In another investigation, a complaint had been made that three council members for the RM of Beaver Riverhad voted on whether to check for gravel on Crown land leased by either themselves or close family members.

The ombudsman found that they had conflicts of interest but no intent to deceive ratepayers. She concluded that the council members were not aware of the rules, so she recommended the council take conflict of interest training and pass a bylaw to adopt improved procedures. The recommendations were not adopted, as council felt no wrongdoing had been committed.

In a third investigation, a complaint had beenlodged that a council member for the RM of Grayson voted on the rezoning of land to allow for the development of a campground. The campground wasto be built by a company he managed.

The ombudsman found the council member to have a conflict and he resigned before recommendations were made.

The checklist

The conflict of interest checklist starts out by asking council members, "Do you have a conflict of interest?"

They sign anoath saying that they understand the conflict of interest rules and that they will follow them.Mary McFadyen, acting Saskatchewan ombudsman

It goes on to say that identifying conflicts and figuring out what to do "can be complicated."

It then asks the following questions, noting that if council membersanswer yes to any, there may be a conflict that needs to be addressed.

• Am I, or is someone close to me (e.g. a family member, a friend or business partner) likely to be directly affected (negatively or positively) by the decision, issue or situation that is being discussed or decided?
• Do I, or does someone close to me, have an interest in, or hold a position in, a company or organization that is likely to be affected?
• Am I, or is someone close to me, likely to have a financial gain or loss as a result of the decision, issue or situation that is being discussed or decided?
• Have I, or has someone close to me, received a gift (money or otherwise) from a person, company, or organization that is likely to be directly affected?
• Am I uncertain of my ability to act impartially and in the public interest?
• Could a person with knowledge of the situation reasonably perceive that my ability to carry out my public duties impartially could be influenced as a result of me or someone close to me, having a private interest in the decision, issue or situation that is being discussed or decided?

"When you ask yourself those questions, we would think that the reasonable person would say that maybe there is a conflict," McFadyensaid.

Conflicts to be expected

For council members, having a conflict of interest isnot unusual.

"These people are active in their communities, they know a lot of people," McFadyen said, noting that many council members might also be successful businesspeople.

Identifying a conflict, she said, has a two-fold purpose. It can help council members avoid "serious consequences" as well as making it clear that they are acting in the best interest of their community.

The investigative work done by her office can provide ratepayers with added confidence, she said.