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Mayor committed 'honest error in judgment', council says

By: Staff Writer

Thursday, Jun. 7, 2012 at 3:41 PM | Comments: 6

Brandon Mayor Shari Decter Hirst (THE BRANDON SUN)

Brandon city council won't pursue conflict of interest charges against mayor Shari Decter Hirst.

But the legal opinion of Brandon lawyer Bob Patterson, who was asked by the city clerk's office to look into the matter, was never written down, and therefore can't be released, the city says.

Decter Hirst was investigated for taking part in debates and decision-making activities regarding the Strand, both in her role as mayor and as a Renaissance Brandon board member.

She also owns property across the street from the Strand Theatre, and her husband, Dr. Derry Decter, is a board member of the Brandon Folk, Music and Art Society — the group that is attempting to secure federal and provincial funding for the theatre’s restoration.

Renaissance Brandon had pledged $474,000 in funding prior to Decter Hirst’s election as mayor, however issues related to the Strand Theatre had been discussed after Decter Hirst became mayor.

It took more than three weeks for the legal advice to be reviewed, and the city now says that there was never a written opinion — media reports to the contrary notwithstanding.

In a statement this afternoon, the city said that councillors had discussed "at great length" the verbal legal advice — with the mayor not present — and that councillors accept any errors by the mayor were inadvertent.

Any actions "which may have been a breach of The Municipal Councils Conflict of Interest Act were not done with any improper motive and were an honest error in judgment, committed unknowingly or through inadvertence," the statement said.

However, the city added that mayoral and councillor roles on boards, commissions and other agencies, would be immediately reviewed.

The idea that the mayor was in a possible conflict of interest was initially dismissed by City Hall.

"Because it wasn’t a matter dealt with by city council, there is no conflict of interest," city clerk Con Arvisais told the Sun in mid-May.

Arvisais acts as an adviser to councillors and the mayor over matters of conflict of interest.

However, a few days later, his department decided to seek legal clarification — something they said happened once or twice per term.

If Decter Hirst had been found to be in conflict of interest, city council could have asked the Court of Queen’s Bench to make a ruling on the matter.

"The ultimate repercussions are, if someone is found to be in a conflict of interest where there is a direct or indirect pecuniary gain and haven’t declared it, there is a provision that the judge could disqualify them from council and declare their seat vacant," deputy city clerk Heather Ewasiuk has said.

Ewasiuk added that the judge could also rule that the lack of disclosure was inadvertent and that there would be no penalty issued.

It's not necessarily the responsibility of city council, or city staff, to investigate conflicts of interest.

Any elector, or person who has the right to vote in the affected municipality, can make a similar request by applying to the Court of Queen’s Bench. They will need to pay the filing fee and provide an affidavit to the court stating their allegation and what the potential issue is.

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Posted by:Drew Caldwell

June 14, 2012 at 2:49 AM

Over the years, I have also been accused by some of my more unethical opponents of having "conflicts of interest."

The most laughable time was two decades ago as a city councillor when I was accused of having a "conflict of interest" for working to restore mixed residential zoning in Rosser Ward and thus stop the spread of "slum housing" throughout the downtown area. The charge? I was in a "conflict of interest" for seeking to improve the residential neighbourhoods lived in by my constituents, where my family has also resided for generations.

I learned then that the legal principle guiding these matters is whether or not one stands to gain more or less than any other individual in the affected area, or whether the general gain or loss is a more broadly shared one. As a top priority of the City of Brandon Strategic Plan, I expect my Mayor and Council to work towards an Arts and Entertainment HUB.

Most people seek office to improve their community, the community where they live, the community where they work, the community they love...

According to the "logic" of the more nasty voices in this saga, you would have to not own property, not work, and conceivably not even live in Brandon to be free of a "conflict of interest."

There is obviously another agenda at play with these people, a purely personal and partisan agenda.

The most damaging thing that could happen would be for us to accept this false "logic" and thus emasculate those working to build our city.

Posted by:Bandb

June 12, 2012 at 11:03 AM

Yes, the best way to defend yourself is to accuse others of having a "personal and partisan agenda", rather than relying on silly things as facts and something called the law.

The common logic is that if you "think" you are in a conflict of interest, you usually are, or at least there may be an appearance of one. Whether there is one or not is almost secondary at that point, but it is better to check AHEAD of time rather than after the fact.

Posted by:Drew Caldwell

June 7, 2012 at 9:43 PM

Posted by:Deborah Boschman

June 7, 2012 at 6:17 PM

HALLELUIA!

We have a VERY GOOD Mayor and City Councillors; the BEST that I can ever remember, since we moved here in 1969.

This is VERY GOOD NEWS indeed!

Now Mayor Shari and her team can carry on leading Brandon into our VERY BRIGHT, forward thinking, visionary, exciting, progressive future.

Mayor Shari has VERY MANY most excellent leadership qualities.

She is down to earth, approachable, transparent, she engages her electorate at every opportunity.

The City of Brandon, under her leadership, has become a rather exciting place in which to live.

I believe that our future within Brandon is VERY BRIGHT with Mayor Shari at the helm of our municipal ship.

Mayor Shari is the RIGHT leader for this time in the history of our city!

I am VERY PLEASED to hear this VERY GOOD news, indeed!

THANK YOU Brandon City Councillors for making a VERY GOOD, very wise decision for the future of our city.

Mayor Shari works VERY, VERY HARD and she has shown us time and time and time again what REAL leadership looks like.

I couldn`t be happier!

BRAVO, bravo, bravo, indeed!

GO, City of Brandon, go!

Posted by:johnsaito

June 7, 2012 at 3:59 PM

Just what did the council look at if there wasn't anything written down, all we have heard is how council members were reviewing the report, how was this done if there is no written report?

Posted by:johnsaito

June 7, 2012 at 3:33 PM

So Patterson made a decision, did not write it down so it cannot be released, WHITEWASH!! Always remember, when asking for a clarification on a matter, check to see who is paying the bill!!

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