[cal_guy]

Originally Posted by Flamenspiel

I don't think people are dismissing it, no one questions it as an ethincs violation, in fact its a point of law and indisputable. What is questionable is the removal of the mayor by fiat as a penalty.

The rules of the MCIA allow exceptions for cases where: "...conflict was an inadvertent error, or the sum of money involved was so trivial as that no conflict would be created...." You could argue that both of those exceptions apply. I don't see the penalty surviving an appeal.

[42] The respondent argues that the amount of money involved ($3,150.00) is very modest considering his salary as Mayor. It is stated at para. 59 of the Respondent’s Factum that, “No objectively reasonable person could conclude that the Respondent, a City Councillor for ten years and Mayor for two years would jeopardize his position for $3,150 …”
[43] The issue posed by s. 4(k) of the MCIA is whether the respondent’s pecuniary interest in the matter before Council – whether he should be required to furnish proof of repayment of $3,150.00 to donors – involved such an insignificant amount that it was unlikely to influence him in his consideration of that matter. While s. 4(k) appears to provide for an objective standard of reasonableness, I am respectfully of the view that the respondent has taken himself outside of the potential application of the exemption by asserting in his remarks to City Council that personal repayment of $3,150.00 is precisely the issue that he objects to and delivering this message was his clear reason for speaking and voting as he did at the Council meeting. The respondent stated, in his remarks at the Council meeting, “[A]nd if it wasn’t for this foundation, these kids would not have had a chance. And then to ask for me to pay it out of my own pocket personally, there is just, there is no sense to this. The money is gone, the money has been spent on football equipment….”
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[44] In view of the respondent’s remarks to City Council, I find that his pecuniary interest in the recommended repayment of $3,150.00 was of significance to him. Therefore the exemption in s. 4(k) of the MCIA does not apply.

[51] I find that the respondent’s conduct in speaking and voting on the matter involving his repayment obligation did not occur through inadvertence. Inadvertence involves oversight, inattention or carelessness. On the contrary, the respondent’s participation was a deliberate choice. He testified in this proceeding that he appreciated that the resolution before Council impacted him financially because it required him to repay funds he believed he did not owe. He received the Council agenda a week prior to the meeting, considered the matter, planned his comments, which were designed to “clear the air,” and came to the meeting with the intention of speaking. He admitted that he sought no advice, legal or otherwise, as to whether he should be involved in the debate. The respondent gave the following evidence in the cross-examination on his affidavit:
376. Q. So your speaking and voting were deliberate acts, correct?
A. I’m voting because I know my foundation…it’s a fantastic foundation.
377. Q. You deliberately chose to make the speech you did and vote the way you did?
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A. Absolutely.
378. Q. And you don’t regret for a moment having done that?
A. Absolutely not.

http://ca.news.yahoo.com/full-text-o...162434278.html