Two City of Powell River councillors have been singled out as potentially being in conflict of interest.
At the March 5 committee of the whole meeting, Pat Martin said she was appearing on behalf of city residents who are concerned councillors Trina Isakson and Cindy Elliott may be in conflict of interest regarding the potential name change and other issues involving Tla’amin Nation.
Martin listed five reasons why some residents perceive the two councillors are in a position of conflict of interest. Martin said these include: Elliott has a relative who is Tla’amin Nation’s deputy fire chief, and she works closely with Erik Blaney, a member of Tla’amin’s executive council. Councillors Elliott and Isakson each accepted a $500 donation from the chair of Tla’amin’s finance committee for their 2022 election campaign, added Martin.
Martin’s third point was that Isakson appears to have a personal relationship with Tla’amin hegus Hackett, who refers to her as “a great ally.”
Martin said Isakson has acted on behalf of Tla’amin, and finally, that Isakson has worked for, or is currently working for, Tla’amin Health.
“Remember, legally, it does not matter whether the council member believes that he or she can remain impartial,” said Martin. “Nor does it matter whether the council member is not in fact influenced by their personal interest. Conflict of interest law is about preserving the integrity of council and its decision-making processes.”
Martin said on behalf of people concerned about ethical voting on matters of great importance to them, she was requesting that council initiate a process to determine if the perceived conflicts of interest are sufficient to require Elliott and Isakson to abstain from voting on issues involving Tla’amin.
“Further, on those citizens’ behalf, I’m also asking council to postpone finalizing the code of conduct until the perceived conflict of interest issue is resolved, thus clearing the path for a comprehensive conflict of interest policy to be drafted for inclusion in it,” said Martin.
Councillor Rob Southcott said he did not feel that Martin was representing everyone in the community.
“This is a small town; we get things done because of the relationships between us and who we are connected to,” said Southcott. “I feel we are so far down a rabbit hole of distrust and division between us that it is becoming very challenging for a table like this to get anything done, because we are spending a lot of time worrying who said what to whom. We are basing our own expressions on a lot of assumptions that may not be true.”
Southcott said he wanted to suggest that there needs to be reexamination of how critical people are of each other and of what’s going on between them.
“The real enemy here, as I see it, is division between us,” said Southcott. “We used to be friends with each other. We used to be able to sit down and talk. How much can we do that anymore?
“We need to get back to that so we can look at the best interests of this community and that depends on those of us who have relationships with each other.”
Question answered, says councillor
Elliott said Isakson sought legal advice on the conflict of interest issue at the beginning of council’s term, so the question has been asked and answered a number of times.
“There has been a process,” said Elliott. “The legal opinion supports that the work she [Isakson] has done in the past is done, and she no longer has work with that organization. That past work does not impact her future and she is not in a conflict.”
Martin said she was not sure that Isakson had revealed everything to the lawyer.
“Is councillor Isakson willing to show us what information she told the lawyer?” asked Martin. “There are literally hundreds of people who believe that there is a perceived conflict of interest and it’s your responsibility as a council to address that. There needs to be a committee to look into this.”
Elliott said Martin was questioning Isakson’s integrity, which was not okay.
Councillor George Doubt said that in the legislation that governs municipalities, there is nothing to prevent a member of council from voting on anything. He said there is conflict of interest language in the Community Charter, which describes conflict of interest, and describes the responsibility of a councillor to declare that conflict of interest if they perceive they have one, and refrain from voting.
“There is an appeal, and if somebody believes there is a conflict of interest that hasn’t been declared, they can appeal to the Supreme Court of British Columbia, which will make the decision,” said Doubt. “I suggest if you believe deeply that there is a conflict of interest, you make an appeal to the supreme court, there will be a hearing and an answer will happen.”
Isakson said it is possible to have opinions based on experience that others in the community may disagree with, but having an opinion is what councillors are supposed to do.
Campaign donations
“I am proud that hegus John Hackett calls me a friend and ally,” said Isakson. “That post was made in response to me dropping off some rhubarb plum crisp for him. I have also dropped off soup to the mayor in the past. I tend to do that when people are having a hard time because I feel food connects us.
“I received campaign donations from a wide number of individuals in the community that I am proud to accept.”
Elliott said her daughter has a job with Tla’amin Nation but also does a number of things in the community.
“There is no monetary benefit to my daughter regarding a name change,” said Elliott. “It’s a political conversation between two communities. I do not have a conflict and I would go before a court. I’m really confident it would work out okay.”
Mayor Ron Woznow said given the concerns, it might be appropriate to have a professional person who can give astute advice on how council can proceed in a way that is respectful of its requirements to serve the people of Powell River.
Martin requested council get a legal opinion from Young Anderson, the Vancouver law firm specializing in local government law and conflict of interest.
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