Mel Rothenburger, TNRD Director of Electoral Area P (Rivers and The Peaks).
director.mrothenburger@tnrd.ca
When Sun Peaks Mayor Al Raine recently proposed a motion that the Thompson-Nicola Regional District (TNRD) board officially support expansion of Kinder Morgan’s Trans Mountain pipeline, I declared a conflict of interest and left the room.
I did so because the pipeline runs through my Black Pines property and I stand to be financially compensated should the expansion be approved by the National Energy Board.
Standing to benefit financially from a political decision is one of the main criteria for deciding if a person has a conflict of interest. It seemed pretty cut and dried to me.
On the other hand, I didn’t declare a conflict when I was in discussions with Kinder Morgan about the company making a contribution toward the cost of a new water intake for Black Pines. I got legal advice on that one, which was that since my home isn’t in the community water service area served by the intake, I had no personal stake in the outcome and therefore wasn’t in a conflict.
There’s a common belief among local-level politicians that if there’s any public perception whatsoever that you’re in a conflict on an issue, then you’d better declare one. This is the “play it safe” approach to conflict of interest.
But that’s the easy way out. When the TNRD’s lawyers made a presentation to the board on conflicts of interest a couple of weeks after Mayor Raine’s motion on the pipeline, I asked if it’s possible to be too careful on potential conflicts.
The answer was exactly what I thought: a definite yes.
Municipal and regional politicians have a responsibility to be in the room when important matters are discussed unless they’re in a clear conflict. There have been times when I’ve watched a meeting of a council when a member declared a conflict and I thought, “That’s not a conflict; that’s an excuse.”
If you want to avoid taking a position on an issue — maybe because it’s politically sensitive — you can find reasons to declare a conflict if you look hard enough. You’re obligated to state that reason before you leave the room, but I’m not aware of a mayor or chair ever telling a councillor or director to sit down because the reasons for declaring a conflict weren’t valid. Basically, it’s an honour system.
I have enjoyed a good debate on the pipeline but this was one situation where I felt declaring a conflict — the first time I’ve done so this term — was the proper thing to do. In general, I’d much rather be in the room than standing out in the hallway while others make the decisions.
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