Saturday 7 February 2015

Councillors Disqualified for Conflict of Interest or Failing to Vote

The MUNICIPAL GOVERNMENT ACT has transparency requirements, including open meetings and conflict of interest rules.

We have a right to attend meetings and see how our Councillors vote:
174(1) A councillor is disqualified from council if
(f)the councillor does not vote on a matter at a council meeting at which the councillor is present, unless the councillor is required or is permitted to abstain from voting under this or any other enactment;
Councillors must abstain if they have a pecuniary (monetary) interest as explained in this Municipal Affairs brochure.
It is not enough to just say "conflict of interest" or "perceived conflict of interest", Councillors must DISCLOSE the nature of their interest (eg., "I work for the company" or "My wife owns the adjacent land").
The MGA also specifies what is NOT a pecuniary interest:
170(3) A councillor does not have a pecuniary interest by reason only of any interest
(g) that the councillor ... may have by being a member or director of a non‑profit organization
(h) that the councillor ... may have
(i) by being appointed as the volunteer chief or other volunteer officer ...
Some Councillors have abstained without valid reason, so they are disqualified from office. The Mayor's "possible perceived conflict of interest" does not tell us whether or not he actually has a pecuniary interest.

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