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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101008
Experience:  Lawyer
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Can a Councillor vote on submissions when his son is a

Customer Question

Can a Councillor vote on submissions when his son is a Manger for the Township?
JA: What state are you in? It matters because laws vary by location.
Customer: Ontario. Canada
JA: Has anything been filed or reported?
Customer: No. Can you answer my previous question, please.
JA: Anything else you want the lawyer to know before I connect you?
Customer: This Councillor has put his name in for a vacancy for Duty Mayor. Is this a conflict of interest because his son is employed as a Manager for the Township he is representing?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 11 months ago.

Can you explain more about why this would be a conflict of interest?

For example, are you saying he could vote for ways that favour his son?

Customer: replied 11 months ago.
The question is, on my council one of our members has a family member a son who is Manager of Fleet and Roads. Over the past six months several heated discussions have occurred regarding reports provided by this individual that has serious outcomes regarding the quality of work plus the financial impact on the municipality. Due to the presence of this individual on Council, I question there is not a fair conclusion to the debates because of the loyalty to the council member by some of the remaining councillors. The question I now ask, is the councillor in conflict regarding reports and action by his son, can a fair evaluation be achieved with his presence when the reports from his son be presented.
Expert:  Debra replied 11 months ago.

Your question started out about being whether the Councillor could put his name in or could become the Duty Mayor. I can see why you are concerned.

The way this generally works is someone would not be prohibited from becoming a Duty Mayor because their son is working for the Township but that person would not be able to vote whenever something relating to their son comes up and that person would have to openly declare a conflict of interest so that everyone there knows the connection.

It could be that if the Council feel that they cannot themselves act without being in a conflict when the father of this son is present that he should be asked to absent himself from any goings-on that relate to his son and the problems that have resulted from his son's position.

Do you see what I mean? It would not be an absolute ban but it has to be taken into account and conflicts to be expressed and avoided when there are votes or even discussions if necessary.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?