Councillors voted in favour of sanctioning one of their own following an integrity commissioners report that suggested a conflict with Hamilton police budget talks.
Hamilton Ward 7 Coun. Esther Pauls, whose son is a Hamilton police (HPS) staff sergeant, voted on the budget when it was before the police service board in December, failing to declare a conflict.
The matter was brought to the surface when downtown (Ward 2) councillor Cameron Kroetsch filed a complaint with Hamilton’s integrity commissioner Janice Edward.
Edward’s investigation found that Pauls continued participation in the budget despite advice from the commissioner’s office not to, since her son had a “pecuniary interest” in the police budget.
The commissioner elaborated that Pauls’ sanction will not be under conflict of interest protocol, but rather the Municipal Act’s code of conduct powers.
“When there is a breach of the conflict of interest provisions of the Municipal Conflict of Interest Act, which there is in this case, there is the possibility of an application to court to seek a sanction,” Edwards explained to councillors.
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“We are required by the legislation to determine whether the case will or will not proceed with a court application and then to express reasons for that finding in the public report to council.”
Edwards said the court application typically involves sanctions “beyond the jurisdiction” of an integrity commissioner, usually actions seeking removal from office.
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The commissioner believes Pauls has an “understanding of the reasons” she could not participate impartially in the decision-making process.
“We believe that she has come to much more clearly understand the principles and appears better able to recognize these,” Edwards remarked. “We are not recommending her removal as a member of the Hamilton Police Services Board.”
Pauls acknowledged the conflict and explained that her decision to participate in the police budget was following advice from “well-intentioned individuals.”
She said the guidance revolved around instances where previously elected city officials participated in board matters despite having relatives in the HPS.
Examples included former Ward 5 councillor Chad Collins who had a sister in the service and former Ward 3 councillor Bernie Morelli who had a son with HPS.
“Ultimately, I acknowledge I was unknowingly and unintentionally in a conflict of interest and will use this as a teachable moment for myself and others, especially those who did not believe I had a disqualifying interest,” Pauls said.
Pauls will lose 15 days of remuneration for the violation.
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