Photo: KTW file photo

Coun. Margot Middleton

A Kamloops city councillor says she’s received a legal opinion she’s not in a conflict of interest over roadwork along River Street, despite previously recusing herself on another matter relating to the road.

At a committee of the whole meeting last week, Coun. Margot Middleton read out a statement regarding a perceived conflict of interest connected to River Street ahead of a vote she took part in for roadway improvements to the street.

The project will see planned road resurfacing, water main and sewer upgrades move ahead as well as the addition of a community network fibre extension to the project.

In late February, council came out against a BC Housing temporary transitional housing project for vulnerable people in the 1200-block of River Street — a site that is currently home to a gravel lot.

Middleton previously told Castanet she has recused herself "completely" from all discussions on the River Street shelter as an immediate family member lives in close proximity to the site.

However, she did not recuse herself from a livability and sustainability committee discussion over a $5.8 million project for the road, nor the committee of the whole discussion on the project Tuesday.

In her statement, Middleton said she received a legal opinion that she was not in a conflict of interest over infrastructure upgrades to River Street, following an email council had received.

“I do not have any financial interest in any property on River Street, directly or indirectly,” Middleton said. “While I have previously declared a conflict on River Street matters involving a temporary shelter and a housing development, those matters were factually different from the current issue of the planned infrastructure upgrades.

The planned infrastructure improvements are for the entirety of River Street — an important arterial road — and will be for the benefit of the entire electorate of Kamloops. I've received legal advice, advising that I am not in conflict on a matter of proposed infrastructure upgrades to River Street.”

Castanet Kamloops reached out to Middleton for further comment on the matter and has yet to hear back.

City of Kamloops deputy corporate officer Denise Anderson told Castanet that individual councillors and the mayor need to make their own decisions on whether or not they are in conflict of interest.

“Basically it’s to deal with any challenges [in the courts],” Anderson said.

According to the Community Charter a member of council is in a conflict of interest if they have “a direct or indirect pecuniary interest in a matter, or another interest in the matter that constitutes a conflict of interest.”

The document states if a council member has made a conflict of interest declaration and, after receiving legal advice on the issue, determines they are not, in fact, in a conflict of interest, they can return to the meeting and participate and withdraw the declaration by stating the basis on which they are entitled to participate.

According to the Community Charter, exceptions from conflict of interest restrictions include if the pecuniary interest of the council member is one in common with electors of the municipality or so small it would not likely influence the way they vote.