If you believe you have a pecuniary interest:
• You must disclose the interest and its general nature before the matter is
discussed at the meeting. Disclosures may be oral or given in writing; however, a
written disclosure, filed with the administrator, will likely go a long way in satisfying
the public that you complied with the Act.
• You must immediately withdraw from the meeting without voting or participating
in the discussion on the matter. Your withdrawal must be recorded in the meeting
minutes. The record of your disclosure and withdrawal is available to the public.
• You must not attempt to influence the decision on the matter.
You should leave the room when council debates the matter. Your presence in the room
and your body language may influence council’s decision. When the matter is
concluded, you may return to the room and council table.
You must disclose your interest each and every time the matter in which you have a
pecuniary interest is brought before council. Your disclosure of an interest in one
meeting does not carry over to other meetings or last for your full term on council.
Remember!
i Council members must make decisions in the best interest of the municipality first
and foremost.
i Pecuniary interest is a subset of conflict of interest, there are other applicable
conflict instances; the language “affected by any matter before the Council” in the
Act is very broad
i Only you can determine when you have a pecuniary interest, or other conflict of
interest, in a matter. Your council or administrator cannot determine that for you.
i If you are in doubt as to whether you have a conflict of interest, contact your
lawyer. The consequences of violating conflict of interest rules can be severe.
i The courts ultimately determine if you have a conflict of interest – not the
administrator, another council member, or a citizen.