THUNDER BAY – City integrity commissioner Brian Tario is being advised to seek out legal advice to ensure conflict of interest and breach of conduct charges levelled at three sitting councillors are based in law.
City council on Monday night spent two hours behind closed doors discussing the best way forward, before voting in favour of advising Tario to get a legal opinion.
Hamilton earlier this year was found in breach of the Municipal Conflict of Interest Act for voting on the designated truck route.
The penalty for being found in conflict ranges from a simple reprimand to having the seat declared vacant. A judge could also disqualify the guilty party from running again for up to seven years.
The accusations against Aiello and McKinnon were less severe.
Tario ruled Aiello breached the code of conduct by taking part in deliberations involving a rezoning request by the Urban Aboriginal Housing Support Strategy for a transitional housing project on Junot Avenue.
Aiello runs the Thunder Bay Boys and Girls Club, which is headquartered nearby.
McKinnon got in hot water for criticizing previous council decisions on the housing project, and was also found to have broken the code of conduct.
City clerk Krista Power provided council with five potential responses to Tario’s reports, both of which come with 90-day windows to respond.
The first option was to receive the report and offer no response.
The second was to require the integrity commissioner to attend a council meeting to respond to questions.
A third choice was to ask the integrity commissioner for further study on a specific area of his report. The fourth choice was to ask the integrity commissioner to seek legal advice, the avenue council chose, and the final option was to return the report to Tario with a request for recommended sanctions against the members found in breach of either the code of conduct or the Municipal Conflict of Interest Act.
City manager Norm Gale said the report purposely gave a suite of options, but no recommendations.
“It’s council’s choice to choose an option,” he said, responding to a request for clarification on the ramifications of the options.
Coun. Mark Bentz opposed the decision chosen.
“I think we hired this integrity commissioner with the intent that he would have autonomy to make decisions. It’s our right to question him. I just think we need to accept what he said and not question him,” said Bentz, who then got confirmation that Tario does not in fact have to abide by council’s request.
In Hamilton’s case council wants Tario to seek legal advice on the meaning of pecuniary interest, if in this case a pecuniary conflict exists and if it isn’t excused under the Act for being of common interest or is either remote or of insignificant interest.
