City fails to get downtown revite grants

Re: City fails to get downtown revite grants

Postby ToddT » Feb 12th, 2016, 9:23 am

5.5% is a lot more for some than others.
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Re: City fails to get downtown revite grants

Postby twobits » Feb 12th, 2016, 9:29 pm

Re Mayor Jak being in conflict of interest over his discussion and voting on the downtown revite. Have a look at his mandatory disclosure statement required by all seeking public office. He clearly lists his interest in the Groove Yard business.

http://www.penticton.ca/assets/City~Hal ... kubeit.pdf

Now read this from the Municipal Handbook for Councillors.....

7.2 Duty to Identify and Deal With Conflicts of Interest
The Community Charter requires elected officials to declare and deal with conflicts of
interest in accordance with a set of prescribed statutory rules. The onus falls on
each elected official to identify when a conflict of interest exists and to take the
appropriate measures to deal with it.
(a) The Basic Rules
The basic rules relating to conflict of interest are found in sections 100 and 101 of
the Community Charter (applicable to regional districts by section 787.1 of the Local
Government Act):
100(2) If a council member attending a meeting considers that he or
she is not entitled to participate in the discussion of a matter, 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,
the member must declare this and state in general terms the
reason why the member considers this to be the case.
101(2) Once the conflict is declared the elected official must:
• leave the meeting;
and must not:
• participate in any discussion of the matter at such a meeting;
• vote on a question in respect of the matter at such a meeting; or
• attempt in any way (before/during/after a meeting) to influence
the voting on any question in respect of the matter
The elected official may return to the meeting once the matter that gave rise to the
conflict is no longer under discussion.
(b) Identifying a Conflict
The key to identifying a conflict of interest is finding the point at which an interest
arises. This is not always obvious.
The interest may or may not involve money. If it does, it is a pecuniary interest.
Pecuniary interests most frequently arise in relation to property, business interests,
employment relationships, professional/client relationships, and spousal employment
interests.


It seems to me from reading the above that Mayor Jak is clearly in a conflict of interest on any discussion or voting on the downtown revite. What is really bothering me is that when the definition seems so clear, to me anyway, why does Mayor Jak continue to promote and vote on this multi million dollar project?
The only presumption I can make is that the City has sought a legal opinion from it's own solicitors and some minor provision within the Act that exempts conflict of interest such as shared expense with fellow taxpayers is being used. I would like to know if the City has sought such a legal opinion and if so, what was the reasoning for determining why Mayor Jak is not in conflict on downtown revite discussion or voting?
And should he be getting a legal pass on an arguable legal loophole of common expense and interest, should, as a previous poster pointed out, he still not recuse himself on moral grounds of even a perceived conflict of interest??? That would show a moral character. Don't hold your breath though.

Edit to add- Credit for the required financial disclosure link goes to Drip.
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Re: City fails to get downtown revite grants

Postby onestop67 » Feb 14th, 2016, 3:01 pm

While I didn't read any of the prior posts, I can still say that Jak is in conflict.

Not that this has anything to do with the original topic...
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Re: City fails to get downtown revite grants

Postby fluffy » Feb 14th, 2016, 3:10 pm

Other than that by showing a measure of disdain for proper procedure it taints just about every move he makes. The trust of the electorate is a valuable commodity.

I wonder if anyone has questioned him directly on this? Or is he just going to push his luck until somebody speaks up?
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Re: City fails to get downtown revite grants

Postby onestop67 » Feb 14th, 2016, 3:54 pm

fluffy wrote:Other than that by showing a measure of disdain for proper procedure it taints just about every move he makes. The trust of the electorate is a valuable commodity.

I wonder if anyone has questioned him directly on this? Or is he just going to push his luck until somebody speaks up?


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