Conflict controversy not over yet for mayor

Joe Fries 2009-03-21 Kelowna Daily Courier:

Forgiveness from town council came easy for Osoyoos Mayor Stu Wells, but a citizens group seeking to have him removed from office doesn‘t plan to give up without a fight. At a special meeting Friday morning, council heard that Wells was in a conflict of interest when he voted on a bylaw regarding the Willow Beach sewer extension on Oct. 20, 2008, while still a councillor. However, according to a legal opinion obtained recently by the town, Wells had been told incorrectly by his own lawyer prior to the vote that there was no conflict, and so he had acted in good faith. The town‘s legal opinion dealt with three complaints brought forward earlier this month by the Concerned Citizens of Osoyoos. It shot down two of the allegations, leaving only the Willow Beach bylaw at issue. Acting on the legal opinion, council unanimously agreed Friday not to proceed with further action against the mayor. Interestingly, the Community Charter allowed Wells a vote on the matter.

The Community Charter also leaves one further avenue of recourse for the Concerned Citizens of Osoyoos: a B.C. Supreme Court application to have Wells removed from office. Speaking on behalf of the group, Rob Schuster said such an application was to be filed Friday afternoon. However, a court clerk in Penticton said while someone did inquire about making an application, no document was filed. After learning of the group‘s intention to continue the fight in court, Wells said he was “not really” concerned: “That‘s part of a democratic process, I guess.” That the Willow Beach conflict dates back to the previous council only further muddies the water. “If I was in conflict there, that would have affected that term of office only,” Wells said.

At issue is a private development that would see 1,000-plus new housing units built at Willow Beach on the north end of Osoyoos Lake. Although the area is under the jurisdiction of the Regional District of Okanagan-Similkameen, the developer wants to have the sewage collected and treated by the town. Wells is a partner in a property that‘s outside town boundaries near Willow Beach and which could tie in to the new sewage service, thereby increasing the property‘s value. Thus, by supporting the sewer extension, Wells was in a conflict of interest, according to the town‘s legal opinion. However, Wells says he sought a legal opinion before the vote because he was concerned about a possible conflict. Politicians are excused from many conflicts of interest because they vote in favour of the common good, whereby they receive no more benefit from something than anyone else. But, because Wells‘ property lies outside town boundaries, the common-good provision of the Community Charter doesn‘t apply, contrary to what Wells says his lawyer told him. According to the town‘s legal opinion, though, because Wells sought legal advice, regardless of its reliability, he was acting in good faith when he voted on the bylaw.
Wells was not asked by town council to submit proof he received the verbal legal opinion, and his claim to have received the advice was only made public Friday. Schuster dismissed the news of Wells‘ verbal legal consultation. “We don‘t believe it,” he said. The Willow Beach bylaw stalled after second reading in October 2008 pending further negotiations between the town and the RDOS.