Lou Maieron may have been more prophetic than originally thought when he dubbed himself “the Rob Ford of Erin” after winning the town’s mayoral race two years ago.
The comparison was first drawn to highlight Maieron’s professed dedication to “open, transparent, honest and accountable” government – qualities he felt he shared with the new Toronto mayor.
But now it appears the two mayors may have something else in common: possible contraventions of the Municipal Conflict of Interest Act.
Maieron, however, denies any wrongdoing in his appearances as a delegation regarding over $30,000 in tax arrears on a 17-acre property given to him in 2006.
“The Town of Erin lawyer (Doug Hodgson) told my solicitor to present the issues in open session before council,” Maieron said on Tuesday, though he added, “I was stunned by that [advice].”
Unlike Ford, who actually voted on the matter that has gotten him into hot water ($3,150 in donations to his private football foundation), Maieron did not – and will not, he says – take part in any motion of council.
“I sat with my lawyer, he presented his views, I added to what he said,” Maieron told the Advertiser.
“I went forward and presented as … president of Silver Creek Aquaculture, not as the mayor of the Town of Erin. I declared, properly stepped down and brought it forward.”
Richard Stromberg, manager of media relations with the Ministry of Municipal Affairs and Housing, said he cannot speak to the specifics of any case.
“It’s up to a member of council to declare a conflict of interest … and it’s up to them to not be involved in the discussion,” said Stromberg.
“In general, there’s a requirement to declare a conflict of interest and to not participate.”
Stromberg pointed to section 5 of the act, which states any member of council declaring a conflict of interest “shall not take part in the discussion of, or vote on any question in respect of the matter” and “shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question.”
While it’s clear Maieron properly declared a conflict of interest, several town residents have suggested his taking part in discussions – both on Aug. 15 and again on Sept. 4 – constituted an attempt to influence council.
Maieron and his lawyer Kevin Sherkin told council several times they would pursue other legal options if the town forced Maieron to pay the outstanding taxes.
The pair told council the lot was given to Maieron “free and clear” as part of an Ontario Municipal Board (OMB) decision regarding the Erinbrook Estates subdivision near Maieron’s Erin home.
Maieron and Sherkin have argued the deed was never officially registered because the terms of an easement on the property were not followed by the developer or the municipality. They say the developer or the town should absorb the unpaid tax bill.
On Sept. 4 Erin council decided to proceed with a public sale of the property if payment is not received by Sept. 6., denying Maieron’s request for a 90-day extension.
On the matter of a possible conflict of interest, Maieron maintains he is allowed to address council “as a person.”
“If you don’t declare [a conflict] and then you speak to it, you’ve got a problem. That’s the way I understand it,” he said.
Whether or not there was a contravention of the act, it’s likely nothing will come of it.
“Somebody has to complain,” Stromberg told the Advertiser. “There still needs to be due process.”
He explained an elector has to file a complaint with a judge within six weeks of any alleged violation. If a judge agrees there has been a violation of the act, they can “declare the seat of the member vacant” and disqualify the member for a period thereafter of not more than seven years and “where the contravention has resulted in personal financial gain, require the member or former member to make restitution to the party suffering the loss.”
However, the judge must also consider “was it deliberate or was it inadvertent,” Stromberg said, and if it is the latter, removing the council member is “not likely.”
In this case, Maieron said, “It certainly wasn’t my intent to do anything wrong.”
The mayor contacted the Advertiser after an initial interview to state he had also contacted the Ministry of Municipal Affairs and Housing and, “According to them, what I did appears to be correct.”
He said the representative he spoke to would also not comment on the specifics of the case, but he felt declaring a conflict of interest “does not prevent me as a person from presenting my point of view.”
In regards to the tax arrears on the 17-acre woodlot, Maieron noted, “One way or another I’m going to preserve this block, because it’s important to me.”
