CENTRE WELLINGTON – Integrity commissioner Guy Giorno has found that Centre Wellington councillor Steven VanLeeuwen did not contravene the Municipal Conflict of Interest Act when he participated in council’s decision last summer not to designate a bridge as a property of cultural heritage value.
Councillor Bob Foster requested an investigation by Giorno after the June 29, 2020 meeting, when the decision was made to reconstruct the bridge rather than rehabilitate it.
Giorno’s report is included in the council package for the upcoming March 29 meeting.
VanLeeuwen owns property and operates businesses in the vicinity of Bridge 4-WG, which is located on 5th Line between Wellington Road 18 and Eramosa-West Garafraxa Townline in the rural area southeast of Belwood Lake.
Since 2016, the bridge has a posted load limit of five tonnes and a height restriction barrier.
Foster claimed VanLeeuwen would benefit from the bridge’s replacement “since a stronger bridge would provide his customers with a direct and efficient route to tow heavy machinery and equipment to and from his business,” states Giorno’s report.
It is Foster’s belief that VanLeeuwen should have declared a conflict of interest as he had a pecuniary interest.
According to the report, “Councillor Foster spoke forcefully about the significant heritage value of Bridge 4-WG” at the June 29 meeting, and asked VanLeeuwen “whether he wished to declare a conflict of interest.
“As the presiding officer of the meeting, Mayor Linton ruled the comment out of order.”
VanLeeuwen responded “that his businesses are directly on the busy county road, meaning his customers do not use Bridge 4-WG,” the report states.
Both Foster and VanLeeuwen submitted evidence, which Giorno considered in his investigation.
The integrity commissioner also interviewed community members and examined township documents such as meeting minutes, staff reports, and the asset management plan. He also viewed a recording of the meeting.
In explaining his decision, Giorno said Foster’s assertion that VanLeeuwen’s businesses would directly profit from the reconstructed bridge was “hypothetical.”
“The facts do not establish that councillor VanLeeuwen’s businesses will ‘experience increased revenue and profits,’ to use Councillor Foster’s words,” Giorno stated.
“This conclusion requires speculation about what may happen in the future. It is hypothetical.”
Giorno added, “As a result, on a balance of probabilities standard, and based on all the evidence provided by the parties and obtained during the investigation, I find that councillor VanLeeuwen did not possess a pecuniary interest in the decision on whether to designate Bridge 4-WG as a heritage asset.”
Giorno goes on to state, “If I am wrong, then I find that the pecuniary interest is both remote and insignificant.”
The report also indicates the request for the investigation was not frivolous.
“The resulting inquiry raised a real issue requiring careful consideration, including a review of relevant case law and weighing the facts,” stated Giorno.
“As a result, I take this opportunity to remind council members that they must proceed with caution when taking part in decision-making and voting on matters affecting municipal infrastructure near their properties or businesses, or the properties or businesses of family members.”
In a phone interview on March 25, Foster said he’s satisfied with the investigation and accepts Giorno’s decision.
“He’s done his job,” Foster said. “I thank him for conducting a diligent investigation and I support his findings. This is what transparency and accountability are all about.”
VanLeeuwen said he’s happy the investigation confirmed what he believed on June 29 – that there was no reason for him to declare a conflict of interest.
“I felt there should be no reason for concern and the report speaks to the fact there was no conflict of interest,” he told the Advertiser on March 25.
VanLeeuwen is the subject of another integrity commissioner investigation as to whether he broke council’s code of conduct by joining the “End the Lockdowns Caucus,” a group of politicians that espouses ending business restrictions and mandates during the pandemic.
Council voted in February to remove VanLeeuwen as deputy mayor and requested that Giorno launch an investigation.
Giorno informed council on March 22 that an investigation on that matter is underway.
When asked if he felt picked on by council with the two investigations, VanLeeuwen said no.
“Not by council,” he said. “But councillor Foster seems bound to waste taxpayers’ money on these investigations.
“On both the bridge and the deputy mayor, he seemed exceptionally vehement to go to the integrity commissioner.”
