EMO, Ont. – The mayor of Emo, Ont. did not properly declare a conflict of interest before the township awarded a contract to his son’s company, the town’s integrity commissioner has found.
Mayor Harold McQuaker violated two provisions of Ontario’s Municipal Conflict of Interest Act, as well as the town’s bylaws, in relation to a $42,000 contract for gravel crushing and stockpiling issued in June, commissioner Darrell Matson found in a report released earlier this month.
The town council has yet to consider Matson’s report, which includes a “minor reprimand” of McQuaker, and a recommendation that council direct the mayor to undertake an “educational refresher” on conflict of interest laws.
The investigation was prompted by two complaints, one from an Emo resident and another from “a person demonstrably acting in the public interest,” received in June and July.
McQuaker did verbally disclose he had a conflict of interest on the matter when council voted to award the contract in June, Matson found, but seemingly only after being prompted by Coun. Lincoln Dunn.
He also did not disclose the nature of the conflict, as required.
Matson noted that an incomplete recording of the proceedings, held over Zoom, required him to rely on the recollection of meeting participants for some details.
“Although not heard on the recording, witnesses confirm that Mayor McQuaker started to read the resolution associated with [the tender], however Coun. Dunn stated that he believed that the mayor had a conflict of interest on this item,” the report states. “The mayor acknowledged the statement, and Coun. Boven assumed the chair at that point.”
The Municipal Conflict of Interest Act (MCIA) requires members to disclose any pecuniary interest in a decision of council, including benefits to spouses, children and parents, prior to its consideration.
McQuaker did not vote on awarding the contract, while the recording captures him acknowledging the conflict following the vote.
However, the statement was not recorded in the meeting’s written minutes, nor did the mayor file a written declaration with the clerk – both steps required under the MCIA.
Matson found those violations were “not the result of a lack of understanding on Mayor McQuaker’s behalf,” but stemmed partly from extenuating circumstances as the town council adjusted to holding meetings remotely due to COVID-19.
The commissioner also noted there was no apparent attempt by the mayor to unduly influence the decision.
“Witnesses confirm that Mayor McQuaker at no point in time used his office to influence the outcome of the vote,” the report states.
The tender for the contract was distributed to all local contractors considered capable of performing the work, the integrity commissioner’s report states. Shane McQuaker Trucking submitted the lowest bid.
The mayor himself also seemingly benefited directly from the contract. Shane McQuaker Trucking rented a crusher from Harold McQuaker Enterprises to complete the contract, the report notes (it does not state the financial details of that arrangement).
Mayor McQuaker declined comment for this story.
Emo’s town council will consider the integrity commissioner’s report and recommendations at a future meeting.
Matson recommended that council direct the mayor to undertake an educational refresher on the MCIA and the Municipal Act, belatedly file a written declaration of conflict of interest on the contract, and that the township itself establishes a registry of conflict of interest declarations, as required under the MCIA.
He also put forward an optional recommendation that all town councillors participate in the refresher.
