Conflict of Interest and Election Donations

The Community Charter defines a conflict:


100   (2) If a council member attending a meeting considers that he or she is not entitled to participate in the discussion of a mater, or to vote on a question in respect of a matter, because the member has

     (a) a direct or indirect pecuniary interest in the matter, or

     (b) another interest in the matter that constitutes a conflict of interest

and defines how a conflict can be created:

Restrictions on accepting gifts
105 (1) A council member must not, directly, accept a fee, gift or personal benefit that is connected with the members performance of the duties of office.

   (2) Subsection (1) does not apply to
     
     (a) a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilties of office,

     (b) compensation authorized by law, or

     (c) a lawful contribution made to a member who is a candidate for election to a local government.

It is very clear that that a contribution to a candidate is not legally a conflict of interest. Some people will claim that a candidate who has accepted a donation may act in conflict knowing that they would not receive a donation next election and is a direct pecuniary interest. 

Well, there is an avenue for a citizen or group who believes in this strongly and that is taking an action under the Judical Review Act. It costs about $300 to file and there may be other court or legal costs to consider.

In the Onni development since the "statutory act of Government" that would be challenged is the bylaw authorizing the OCP and zoning changes, success would mean the process would start again without the participation of the Mayor or Councillor Buchanan.  Even if it failed, it would put a pause to the development until the judge's decision.

Personally, I don't see a win here or I'd be in Vancouver filing papers right now. Even without the exception for election donations, I don't think the claim that this $5000 influenced the Mayor to do something that he would have done anyway has merit.  I think if there was a thousand floor building on 14th and Lonsdale, he'd marry it.

After the Monday meeting, I asked Onni VP Beau Jarvis if the measly little donations was really worth it considering they raise up the opposition to the project.  His angry reply, almost frothing at the mouth was hardily rational.  "What about Clark's conflict of interest? What about the lobby group Voices conflict of interest?"  He repeated lines like this several times, I backed away from him carefully, keeping my eyes on him.

Rod Clark was not paid by Onni or a subcontractor of Onni to directly or indirectly, accept a fee, gift or personal benefit that is connected with the member's performance of the duties of office.  He was paid to perform a job on a construction site.  Had Rod voted for the Onni project then the matter would deserve a look but he voted and spoke against Onni. How could a rational logical person make a claim of conflict?

The other conflict claim against Voices isn't even sane.