Councillor in conflict?

By Wayne Moore - CASTANET Nov 23, 2015 / 5:00 am
A West Kelowna councillor has found himself in a possible conflict of interest. First-term councillor Rusty Ensign allegedly voted on a development project while having a contractual relationship, said Mayor Doug Findlater. Because of that relationship with developers, council is being asked to rescind second and third readings of OCP and zoning amendments for a low-density, multiple-residential development and tourist accommodation on West Bay Road. Council gave second reading to the amendments in early September and, following a public hearing Sept. 29, gave it third reading. "This recommendation (to rescind) is made to ensure the process for adoption of the bylaws, if council proceeds to do so, is transparent and fair, and ultimately to protect the integrity of the process," stated a report council will review Tuesday. "We are correcting the process," said Findlater. The mayor said people sitting through a public hearing must know those hearing the information do not have a conflict. The report before council further stated, "On Oct. 27, 2015 the city received an action plan from West Bay Beach Resort which states Ensign has a demolition contract with West Bay Beach Resort. "The city sought legal advice regarding a potential conflict of interest for Coun. Ensign, in regards to bylaw No. 0100.04 and bylaw No. 154.26, and council directed that, to ensure their validity, the bylaws be brought back to first reading and for.consideration of.second reading." Ensign owns a company which, among other services, provides demolition work. This means a public hearing will also have to be scheduled again. Findlater said council would decide at a later date whether it would entertain discussion of possible sanctions against Ensign. This is the second time in recent weeks a Central Okanagan elected official has found themselves at odds with those around the table. Central Okanagan East Director Patty Hanson has been accused of relaying information from a confidential meeting of the regional board.A hearing on possible censure or sanctions was postponed indefinitely last week to allow Hanson to have her attorney present at the proceedings.

Vernon-Monashee MLA denies conflict of interest charges

By Richard Rolke - Vernon Morning Star Published: January 09, 2013 11:00 AM
Vernon-Monashee MLA Eric Foster says he was not in a conflict of interest while sitting on a committee that decided not to reappoint auditor general John Doyle. A confidential management letter from Doyle last year cited Foster for alleged inadequate documentation of a $67,000 renovation to his constituency office. Foster is the chairperson of the legislative committee that recently decided that Doyle should not be hired for a second term. "I didn't know about the letter so it didn't influence my decision," Foster told The Morning Star. Foster says that he believes all procedures for filing renovation documents were followed properly. "To suggest I did (voted in a conflict), someone will have to call me a liar. The auditor has never contacted me on this." Concerns are coming from Scott Anderson, Vernon-Monashee Conservative candidate. "Surely he must understand that it was inappropriate for him to continue to chair the very same committee that decided not to reappoint Doyle?" said Anderson of Foster.

Hansma Cleared of Conflict Again

Glen Morrison Thursday, 24 June 2010 10:13 107.5 KISSFM

Spallumcheen mayor Will Hansma has won again in the effort to prove he's not in conflict of interest. A group of 39 residents had challenged that, beginning with a BC Supreme Court action in 2008 alledging the conflict over he and his sons having property involved in a rezoning. They lost last July, then went to BC Court of Appeal. Today the appeal was dismissed. Madam Justice Saunders says in the ruling there was no evidence of Hansma having a direct or indirect pecuniary (financial) interest in the bylaw, and there was no basis at all to remove him from his elected office. Hansma, a five term mayor, says he's very happy it's finally over. "Very relieved. It's something I can put behind me and carry on.

He says the panel of three justices ordered his legal costs be covered by the appellants (residents). "it was covered by the municipality so it will be recovering those costs." He says its likely in the $30,000 to 40,000 thousand dollar range. Michael Fairbrass, one of the residents involved, declined comment on the ruling when contacted by KISS FM, referring inquiries to the group's lawyer who has so far not returned a call to KISS FM News.

Click HERE to read the BC Court of Appeal judgement.

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Kate Bouey - Vernon 105.7 SUNFM: Spall Mayor Wins Appeal

The BC Court of Appeal says there is ``no basis at all to remove'' Spallumcheen Mayor Will Hansma from office. The court has dismissed a lawsuit launched by 39 Spall residents who had accused Hansma of a conflict of interest for voting in 2008 on a bylaw amendment that affected property owned by his sons. The mayor says he is relieved it is over. ``It's been a long process,'' said Hansma. ``It's just a real relief to have that final ruling from the (Court of Appeal) that I am innocent and that I was doing absolutely nothing wrong.'' The decision upholds an earlier BC Supreme Court ruling in favour of the mayor. Hansma says the Township of Spallumcheen paid his legal costs, which he believes have mounted up to around 40-thousand dollars, and much of that should now be reimbursed by the plaintiffs. And Hansma says the lawsuit has not put him off politics. When asked if he would run for mayor again, he said ``probably.'' The residents involved in the suit and their lawyers have so far refused to comment.

Hansma-Court Case

Wed, 2010-04-14 17:18. Kate Bouey - Vernon 105.7 SUNFM:

The BC Court of Appeal has reserved judgement in the case of 39 Spallumcheen residents versus their mayor, Will Hansma. A three-judge panel heard a full day of arguments today in the appeal by the Spall residents. They accuse Hansma of a conflict-of-interest over a vote on a rezoning bylaw in 2008 that affected property owned by his sons. However the BC Supreme Court cleared the mayor of that charge last year. There is no word on when the appeal court will rule.

Residents vs Mayor in Court

Written by Peter McIntyre Wednesday, 14 April 2010 13:53107.5 KISFM

The BC Court of Appeal is hearing the case today of several dozen Spallumcheen residents who are challenging the township's mayor. A BC Supreme Court ruling last July cleared Will Hansma of conflict of interest allegations made by a group of 39 residents including Michael Fairbrass who's name is on the appeal. The residents feel Hansma should have stepped aside during council's discussion of a bylaw because he and his sons had property affected by it. The five term mayor says he got two legal opinions that he was not in conflict. Hansma could be removed from office if found guilty. There's no word when the three member appeal court panel could render its decision. Hansma has a lawyer representing him in court in Vancouver today, and is not present.

Spall Case Returns To Court

Thu, 2010-03-04 10:00. Kate Bouey - Vernon105.7 SUNFM:

The case of 39 Spallumcheen residents versus their mayor, Will Hansma, returns to court this spring. BC's Court of Appeal has scheduled a full-day hearing on April 14th. A BC Supreme Court ruling last year cleared Hansma of conflict-of-interest. The justice ruled that residents could not prove that either Hansma or his sons benefited from a rezoning application.

Prince George councillor charged over leaked report

Wednesday, August 19, 2009 | 2:56 PM PT CBC NEWS:

A Prince George, B.C., councillor has been charged with the unauthorized release of personal information after the CBC reported on a confidential report about the conduct of a senior RCMP officer last year.Coun. Brian Skakun calls the charges laid against him under B.C.'s Freedom of Information and Protection of Privacy Act outrageous."This charge, the way I understand it, has never happened in the province of B.C., ever. And the resources and the time that went into this from the attorney general's office down to get me is absolutely mind-boggling," said Skakun.The confidential information was contained in a legal opinion presented to the city council in a closed-door session, but Skakun said the information was in the public domain well before that meeting.

Harassment allegation sparked report

The city had commissioned the report after an allegation of harassment was levelled against then-Supt. Dahl Chambers, the highest-ranking RCMP officer in the city at the time.The report outlined a romantic relationship between Chambers and a city employee responsible for overseeing civilian staff at the RCMP in Prince George. A city report concluded a relationship between top-ranking Prince George RCMP officer Dahl Chambers and a city employee responsible for overseeing civilian staff at the RCMP was a conflict of interest. (CBC) The report called that relationship a conflict of interest. Chambers later requested and was granted a transfer out of northern B.C.

CBC obtained the documents, reported on them, and posted them online, in August 2008. Skakun's first court appearance is set for Sept. 22, and he told CBC News he looks forward to clearing his name at trial. CBC senior producer Wayne Williams said it is CBC's policy not to comment on confidential sources.

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Prince George CitizenAugust 19, 2009 4:50 PM (excerpt)

According to the court document charging Skakun, the offense occurred "on or about the 18th day of August, 2008" and was a contravention of Section 30.4 of the Freedom of Information and Protection of Privacy Act.

It reads: 30.4 An employee, officer or director of a public body or an employee or associate of a service provider who has access, whether authorized or unauthorized, to personal information in the custody or control of a public body, must not disclose that information except as authorized under this Act.

According to officials, the charge does not bring with it a criminal record or jail time, assuming someone is found guilty of this infraction, and the maximum penalty allowed for the worst foreseeable abuse of the legislation is a $2,000 fine.

The act came into force on Oct. 4, 1993 and a year later it was amended to include municipal government.

Mayor's Conflict Ruling Appealed

Glen Morrison Tuesday, 04 August 2009 14:24 107.5 KISSFM:

A group of residents is appealing the court decision clearing Spallumcheen mayor Will Hansma of conflict of interest allegations.In early June the ruling was delivered by a BC Supreme Court Justice, denying the petition by 39 residents.But now Hansma says the process of perhaps having the case heard by the BC Court of Appeal has started.Hansma tells KISS FM, "I was a little disappointed, but they have the right to appeal and I've got full confidence in James Cotter of Nixon Wenger (his lawyer) and confidence in the judicial system. Judge Rogers is one of the most renowned judges." Justice Peter Rogers is the one who ruled there was no conflict.

The appellant's lawyer has 60 days to get her reasons for appeal in, followed by time for the mayor's lawyer to respond, and then the court will decide if there are grounds to go ahead.That process could take from six months to a year.The upset residents claim the mayor was in a conflict because his sons were property owners in an area affected by a change to the official community plan.

Mayor cleared, lawyer targets appeal

Richard Rolke - Vernon Morning Star Published: July 04, 2009 12:00 PM

Legal troubles may not be over for Spallumcheen’s mayor. The lawyer representing 39 residents who alleged Will Hansma was in conflict of interest is not satisfied with a judge’s dismissal of the charges. “They need to look at an appeal and I recommend they appeal it,” said Danica Djordjevich, an Armstrong-based lawyer. The residents allege Hansma was in a conflict regarding amendments to Spallumcheen’s official community plan because his sons owned property in the area affected by the change.

But Justice Peter Rogers, with the B.C. Supreme Court, disagreed. “In essence, the petitioners argue that the court must assume that because he is their father, this mayor must be taken to desire financial advancement for his sons, and further that because of that father and son relationship, improvement of the sons’ affairs will necessarily equate to an improvement of the mayor’s estate,” he wrote in his judgement Thursday. “In my view, the law has not yet come so far as to permit such inferences to be drawn, at least not without there being some evidence to support them. None of the authorities upon which the petitioners rely go that far — they all contain at least some evidence showing a link between the pecuniary interests of the official and the pecuniary interests of the party whose affairs were affected by the matter under discussion. But in the present case there is absolutely no evidence at all to link the mayor’s sons’ pecuniary interests to his own.”

Direct or indirect pecuniary interest aside, Djordjevich suggests the ruling could set a negative precedent across B.C. “It’s about public perception and what people feel is the taint to the process of government,” she said of relationships between elected officials and those who make applications to municipalities. “Good government not only needs to happen, it must be seen to be happening.” Djordjevich is waiting to hear from her clients as to whether there will be an appeal to the B.C. Court of Appeal.

Hansma believes there is no opportunity for appeal. “This can’t continue. This is their (39 residents) petition and their voice was heard,” he said. “I’m really happy with the ruling. It clearly sets out no conflict and that I acted within accordance of the municipal act.” Hansma’s lawyer had argued that the mayor was not in a conflict because he would not gain from changes to the OCP. “Every zone in the township was being dealt with,” said Hansma. When asked if he would have handled the situation differently or left the room when the OCP came before council for a vote, Hansma replied, “No regrets whatsoever.” He added that he based his actions on two legal opinions stating he wasn’t in a conflict and the allegations have been difficult personally. “It was my credibility on the line, my family’s credibility on the line — that we would do something crooked.” Rogers has ordered the 39 petitioners to cover Hansma’s legal bill. Hansma isn’t sure what those costs may be but he did borrow $5,000 from the township to go towards his expenses.

City councillors in conflict?

Jeremy Deutsch - Kamloops This Week Published: July 02, 2009 12:00 PM

A rookie city councillor says he’s going to be more careful when it comes to voting on property issues in the downtown. Denis Walsh said it didn’t even cross his mind that he could be in a conflict when he voted on an amendment to the city centre revitalization tax-exemption bylaw at the June 25 council meeting. KTW has learned the city is consulting with its lawyers to determine if either Walsh or Tina Lange were in conflict of interest when the councillors voted on the tax exemption. Walsh is co-owner of the Crossroads Inn on Seymour Street, property which is located within the tax-exemption zone. Lange is co-owner of the Plaza Heritage Hotel on Victoria Street, which is also in the zone. “Basically, it would be an oversight and I guess I would have to be more careful next time,” Walsh said. He voted against the amendment, while Lange voted in favour.

The tax-exemption bylaw was introduced in 2006 to encourage new development or the renovation of old buildings in the downtown area. Eligible developments can get a 100 per cent exemption from municipal taxes for up to 10 years. According to the Community Charter, a council member is required to declare a conflict of interest if he or she has a direct or indirect financial interest in a matter of discussion. But one of the longest-serving councillors is defending his colleagues. John O’Fee doesn’t see a problem with Lange or Walsh sitting in on the vote, arguing for a councillor to be in conflict, the issue should be based on something more specific. For example, he said, if the tax exemption was for a particular block in which a councillor owned property, O’Fee could see that being a conflict. In this case, he noted the revitalization bylaw is for the entire downtown area. Lange could not be reached for comment as of KTW press deadline.