Conflict of Interest Declarations
August 13, 2005

Five councillors and the mayor declared a conflict of interest at city council meetings during the first six months of 2005. City politicians are governed by the Municipal Conflict of Interest Act, but make their own decisions as to when they believe they are in a conflict of interest.

The Act says if a councillor has a "pecuniary interest, direct or indirect" the member shall "disclose the interest and the general nature of it, shall not take part in the discussion or vote on any question in respect of the matter, and shall not attempt in any way . to influence the voting on any such question."

The following conflicts were declared at city council meetings during the January-June 2005 period. All quotes are taken from the official council minutes.

Dave Braden declared a conflict on January 26 in relation to an application for a fee reduction for rural properties because he "has a personal interest in a rural severance."

Bob Bratina and Bill Kelly each declared conflicts on two items related to the broadcasting industry - one on April 13 involving CRTC hearings and the other on May 25 when council asked the federal government to support a CBC presence in Hamilton.

Kelly and Mayor Larry Di Ianni both indicated conflicts of interest on May 25 when council received advice about the court decision requiring a compliance audit of the election finances of the mayor and two defeated candidates. The mayor declared a conflict on the same issue at the June 15 meeting when council received a report on the process to select the auditor.

Murray Ferguson declared conflicts on January 12 and June 15 regarding an informational report submitted monthly to council on who has received contracts. In both cases he reported "he has a relative employed by one of the companies awarded a contract". At the January meeting he also indicated that "he is the owner of one of the companies".

Ferguson also declared conflicts on two items related to the taxi industry. On January 12 he indicated "he has a relative employed in the taxi industry". On May 25 the minutes record that "a family member has an interest in a taxi cab company."

Sam Merulla declared a conflict on January 26 relating to establishments violating the city's smoking by-law because "he has an interest in a restaurant." He also abstained from a discussion on April 27 related to the steelworkers union because "his father is a pensioner of Stelco."

Minutes of the 2005 city council meetings are available at
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
council/2005/default.asp.
A copy of the Municipal Conflict of Interest Act can be viewed at
http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/90m50_e.htm.