WHEREAS the recent Court of Appeal decision in Schlenker v. Torgrimson, 2013 BCCA 9 broadened the interpretation of the conflict of interest provisions under sections 100 and 101 of the Community Charter, determining that a local government elected official who also serves on the board of directors of a non-profit organization is deemed to have an indirect pecuniary conflict of interest when voting on grants offered by the local government to non-profit organizations; AND WHEREAS this broadened interpretation of the conflict of interest provisions has significant implications for those local government elected officials who also serve on the board of a non-profit organization, since contravention of the conflict of interest provisions could result in disqualification from local government elected office: THEREFORE BE IT RESOLVED that the Province work with UBCM to identify a remedy that clarifies the responsibilities and suggested conduct of local government elected officials who serve on the boards of non-profit organizations as appointed elected officials, so that they may continue to serve in both positions concurrently, without fear of disqualification from local government elected office due to conflict of interest.
Ministry of Community, Sport Cultural Development Government is interested in supporting local governments and local government elected officials when there is uncertainty around implications of new court decisions. Ministry staff worked with UBCM and Local Government Management Association LGMA staff in support of a bulletin published on August 21, 2013, about the BCCA court decision, providing information and practical steps for local governments and their elected officials to consider. As it monitors the implications of the decision, the Ministry is committed to continuing to work with UBCM and LGMA to discuss the issue and identify what further responses to the decision may be appropriate.