CENTRE WELLINGTON – Being a Centre Wellington councillor and clerk for Wellington County does not pose a conflict of interest, according to the county and the Ministry of Municipal Affairs.
But the announcement that newly elected Ward 4 councillor Jennifer Adams was recently hired as clerk for Wellington County has raised some eyebrows in the community, with some believing it shouldn’t be allowed.
“I checked it out myself and I’ve spoken to others,” Adams said in a phone interview on Nov. 10.
“In the eyes of the law, it is legal.”
In fact, the Ministry of Municipal Affairs outlines who can and who can’t run for municipal office, including upper and lower tier councils and school board trustees.
If Adams was clerk for Centre Wellington, she could not serve as a councillor in Centre Wellington as well.
Nor could she run for school board trustee if she worked in any school, in any capacity, in the province.
However, “If you are an employee of an upper-tier municipality, you can run for office in a lower-tier municipality without taking a leave of absence or resigning unless being elected to the lower tier council means that you would also be a member of the upper-tier council,” the Ministry states on the government of Ontario website.
Adams will not be sitting on Wellington County council, and therefore she is in the clear.
But she could not run for mayor as the mayor automatically sits on county council. Nor could she run as a county councillor.
All councillors – upper and lower tier – are required to declare a conflict if they have a pecuniary interest in a matter that comes before them.
They can hold their seat but cannot take part in discussion or the decision on that matter.
It does happen.
Centre Wellington councillor Stephen Kitras, for example, declared a conflict when the issue of the Middlebrook Bridge came up as he lives nearby and whether the bridge is open or closed could impact the value of his home.
Adams said she’ll declare any such conflicts if they arise.
“A lot of the councillors have other jobs. They could find they have a pecuniary interest and would have to declare as well,” she said.
Centre Wellington retains an integrity commission who can offer guidance if councillors aren’t sure.
The township deferred questions about Adams’ role as a councillor and county clerk to the county, “as they are the ones that would have ensured there were no conflicts throughout the hiring process,” communications specialist Kendra Martin stated in an email.
Wellington County CAO Scott Wilson stated the county’s solicitor determined Adams can indeed hold the job of clerk and be a Centre Wellington councillor.
And when it comes to conflict of interest, the Municipal Conflict of Interest Act is their guide.
But public perception of what a conflict could be will differ from how it is defined in the act.
“I can’t imagine a situation where she would have a pecuniary interest that she would need to declare that would be as a result of the county,” Wilson said.
However, Wilson noted Adams is expected to look beyond the act at perceptions of real or potential conflicts, such as in instances where the county is at odds with the township.
Adams wouldn’t be able to participate on both sides of such an issue and would be expected “to recuse herself for one body’s discussion or the other.”
But that decision remains on Adams’ shoulders, and just because there’s a disagreement between the county and township doesn’t mean there’s a conflict because Adams is not a decision maker for the county and would never speak on behalf of the county at township meetings.
“As clerk, she isn’t required to agree with decisions of [county] council, just record them without note or comment,” Wilson stated.
“As councillor for Centre Wellington, she is free to vote her conscience, regardless of county council’s position.
“Jen is in that spot of having to juggle that, but she’s a pro, she knows what she’s doing, and she knows the rules,” Wilson said, adding he has every confidence that should a situation arise, Adams would make the right call.
– With files from Jordan Snobelen
