Council slack on conflicts, groups allege

Mon, January 2, 2006

By JOE BELANGER, FREE PRESS CITY HALL REPORTER



There's growing concern London city council members aren't declaring conflicts of interest, say two of the city's largest organizations.

Representatives of the London Chamber of Commerce and Urban League of London say council members should be concerned about perceptions of conflict and not so dependent on legal opinions.

"If it feels like a conflict, or you suspect it's a conflict, or others suspect it's a conflict, then it's a conflict and you should declare it," said Gerry Macartney, chamber general manager.

"Don't worry about whether it's a legal conflict. No one's going to slag you or slight you for declaring it."

Neither organization cited specific examples, but pointed to general consensus by their members that some politicians are walking too fine a line when declaring conflicts.

"(City councillors) are not connecting the dots," the Urban League's Gloria McGinn-McTeer said in a year-end interview.

"If a reasonable person perceives you have a conflict of interest, there is one and you should declare it. This is still a significant problem on council."

McGinn-McTeer said the only reason councillors aren't being challenged on possible conflicts is the cost of going to court.

Three council members who've been criticized over perceived conflicts during the last two years are Deputy Mayor Tom Gosnell, a development consultant, Coun. Cheryl Miller, a real estate agent, and Coun. Roger Caranci, a sales representative for a construction supply company.

Caranci and Miller were members of the planning committee last year when accusations flew.

Miller was committee chairperson last September when she voted against a staff recommendation to appeal a committee of adjustment decision granting a severance to a Huron Street property.

Miller was one of three real estate agents who held the listing until it was sold last January. The home was advertised as having development potential, including severance into three lots.

Experts agreed Miller didn't have a conflict since the property had already sold.

But other observers said she should have declared the "perceived" conflict.

But Miller remains unconvinced.

"I have to be a realist and ask, 'Whose perception?' " Miller said recently.

"Someone else's interpretation of perception could be much more different than mine. The only person who can declare a conflict is the individual. It gets to the point of where does it end?"

Fingers were also pointed at Caranci when he voted on the rezoning of a Richmond Street north property from low-rise to a high-rise luxury condominium.

Caranci's employer, Country Heritage Forest Products, has been a supplier for the developer, Tricar. Caranci scoffs at the accusation.

"The building's not even constructed and big companies like (Tricar) call for tenders when they're looking for suppliers to get the cheapest price," Caranci said.

"They're not going to give that contract to my company simply because I have influence," Caranci said, adding accusations of conflicts can be politically motivated.

"There are people on council who will raise the issue of conflicts just to neutralize another member," Caranci said.

Caranci agrees council members should declare perceived conflicts.

"But then there are times people on council take it to the extreme and they'll declare a conflict just to avoid having to vote on a controversial issue and then they aren't performing their duty," said Caranci.

Toronto-based lawyer George Rust D'Eye, a municipal law lawyer recently hired by the city to handle an appeal to the Supreme Court of Canada, has represented and advised politicians on conflicts of interest.

Rust D'Eye said the issue in determining a conflict of interest "is very specific -- if the council member (or a relative or body in which they are a member or employee) has a pecuniary interest in the matter before council."

But Rust D'Eye said the issue of perception "can bring you down."

"It is something the courts have taken into account from time to time," Rust D'Eye said. "But I wouldn't say that if there's a perception of a conflict, you have one."

Andrew Sancton, a University of Western Ontario professor and local government expert, said not declaring conflicts, even perceived conflicts, can "undermine public confidence in council."

"I think perception is important and if councillors have had direct financial involvement . . . they should be declaring even if it's not technically a conflict," Sancton said. "It seems to me the prudent and public-spirited thing to do."