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Tehkummah council in stalemate over conflict of interest declarations

TEHKUMMAH—Under the Tehkummah Township staffing process policy established over five years ago it states in part, “Councillors and staff that have friends and/or relatives submit an application for a position are not permitted to participate in the hiring.”

That is the crux of a stalemate the township council is currently dealing with in trying to hire a new township roads superintendent. With interviews having been conducted two candidates are in the running for the position. However, one of the two candidates is the son of Councillor of Steve Wood and the second a second cousin of Councillor Lorie Leeson. At several meetings held, Councillor Wood has declared a conflict of interest, meaning he would not take part in the vote for the selection of the new roads superintendent, however, Councillor Leeson has indicated she would still be voting. If Councillor Leeson were to vote it would mean a split vote of council, two votes apiece, including Mayor John Deforge. 

“If we are being compliant with the staffing process policy we can’t vote (if one of the councillors refuses to declare a conflict, and takes part in the vote),” said Mayor John Deforge, at a council meeting held on Tuesday of last week. 

Council was meeting in an attempt to come to a resolution and hire a roads superintendent for the township. An issue at the meeting is that at least one councillor, Lorie Leeson, whose cousin has applied for the position, would be in contravention of the township’s staffing process policy. Councillor Leeson indicated she would not be declaring a conflict of interest and would be voting. Councillor Steve Wood, whose son applied for the position has up to now declared a conflict of interest. 

Councillor Leeson told council she would not be declaring a conflict of interest if a vote took place. “My vote remains the same, and I feel strongly that I don’t have a conflict of interest,” said Councillor Leeson. She explained that, at the very beginning of the hiring process for the separate position of a roads worker earlier this year, she had voted in favour of hiring her cousin because he was well qualified. “Then it was thrown at me that I was related to him, and that I should have declared a conflict.”

“I just met him in 2019 and have not had very much at all to do with him (as he was living in another part of the province),” said Councillor Leeson. “He is my dad’s brother’s son’s son. I have to wonder how far and how many generations of relatives we have to go back that it isn’t a conflict (for a councillor).” She explained that a second interview meeting (of the township) was held but she was not invited to attend. Her cousin was eventually hired by the township on a full-time part-time basis to help the roads crew, and when the position for roads superintendent came up, he applied for that position as well. “It seems councillors only have to declare when it is convenient for someone else.” 

Councillor Mike McKenzie said in terms of conflict of interest for councillors, “we could always find some conflicts of interest.” He raised a concern that Councillor Wood and Mayor Deforge have been seen having lunch together or at other events. “And I guess a conflict could be declared as (councillor) Perry (Chatwell) and I often ride together to council meetings.”

“What’s wrong with that?” asked Councillor Chatwell. 

Councillor McKenzie said that Mayor Deforge should be declaring a conflict of interest.

“There is no conflict of interest,” said Mayor Deforge.

Councillor Chatwell asked if there has been, and if so, how many people the township has hired since the township hiring policy was established in 2019 that should have required a conflict of interest declaration.

“Lorie has said there has been a lot of people hired in conflict since the policy was established,” said Councillor Chatwell

Councillor Leeson said that recently, the township hired someone that is a relative of Councillor Chatwell.

However, Councillor McKenzie said this hiring took place before Mr. Chatwell became a member of council.

“If she (Councillor Leeson) doesn’t have to declare a conflict of interest, I don’t either,” stated Councillor Wood. “She declared a conflict of interest the first time we looked at all of this, but since then she has refused to (and wants to participate in a vote by council).”

Councillor McKenzie said at the previous council meeting on the issue of hiring a roads superintendent (the third of four meetings thus far), council had been advised or suggested to, by a representative of the Ministry of Municipal Affairs that if council cannot come to a resolution on the conflict of interest issue, the issue should be taken to an integrity commissioner. 

“We are not going to put the taxpayers through this cost,” said Mayor Deforge. 

“Why not? We have wasted taxpayers’ money by having this meeting,” said Councillor McKenzie.

“We (council) aren’t getting paid for this meeting,” said Mayor Deforge. 

Councillor Leeson said when it was suggested by the Municipal Affairs representative to call the integrity commissioner, “you (Mayor Deforge) said that you would.”

“Yes, he did suggest this, but just because he made the suggestion doesn’t mean we have to do this,” said Mayor Deforge. He also pointed out that the ministry representative said that if the township went ahead with a vote, without the two councillors declaring a conflict of interest, it would be in contravention of the township staffing process policy.

“Are we going to continue having meetings like this or resolve the issue?” asked Councillor McKenzie.
“Some of you don’t want to resolve the issue,” stated Councillor Wood at the end of the meeting.

“As the head of council, I feel we can’t hold a vote (to hire a roads superintendent) when we are not being compliant with our staffing process policy and we could be liable if we did,” Mayor Deforge told The Expositor after the meeting. “We have held four meetings and one councillor, who shouldn’t be voting and should be declaring a conflict, has refused. We need to be in compliance and we need to move on.” 

“I can see the roads committee quitting because of all of this,” said Councillor Leeson.

Under the township staffing process policy it reads in part, “Relatives and friends of council members and employees who apply for employment with the municipality will not be favoured or discriminated against. Council members and existing employees are not permitted to contact members of a selection committee regarding a particular application. Councillors and staff that have friend and/or relatives submit an application for a position are not permitted to participate in the hiring. In the event that an applicant provides the name of a council member and/or existing employee as a reference, that applicant will be requested to provide an alternate reference.”

“Council members and employees directly involved in the hiring process must be knowledgeable of and abide with the provisions of the Ontario Human Rights Code and the Freedom of Information and Municipal Conflict of Interest Act. It is the responsibility of each individual to notify the clerk-administrator immediately if they are of the opinion they might be in a conflict,” the policy reads. 

Article written by

Tom Sasvari
Tom Sasvarihttps://www.manitoulin.com
Tom Sasvari serves as the West Manitoulin news editor for The Expositor. Mr. Sasvari is a graduate of North Bay’s Canadore College School of Journalism and has been employed on Manitoulin Island, at the Manitoulin West Recorder, and now the Manitoulin Expositor, for more than a quarter-century. Mr. Sasvari is also an active community volunteer. His office is in Gore Bay.