Councillor in conflict

Photo: Castanet File Photo

Coun. Rusty Ensign

UPDATE 2 p.m.

West Kelowna Coun. Rusty Ensign says he wouldn't use his position (on council) to influence his decisions.

"What I did was inadvertent."

Ensign was commenting after he was found to be in a conflict of interest.

The conflict stemmed from a phone call he made to CAO Jim Zaffino concerning a job his company was involved in.

"Our company was working for the contractor, and the city had told the contractor to haul broken asphalt to the city yard, and they weren't allowed to use the Ensign Bros. truck because I'm a councillor," said Ensign.

"After the job was complete, I called to tell the administrator that was unfair. I wasn't calling for an advantage, I was calling because I was being treated with a disadvantage."

Ensign said he called as he normally would in a situation such as this, but said he now knows it should be another member of his company, not himself, that makes that kind of call to the city.

He agreed to pay the city costs associated with the conflict, as he did earlier in the year.

Ensign plans to pay those costs at the end of the week.

For the second time this year, West Kelowna Coun. Rusty Ensign has been found to be in a conflict of interest.

Mayor Doug Findlater made the conflict public in a statement read during Tuesday's council meeting.

Findlater says the incident concerns a phone call made by Ensign to the CAO in regards to a matter he had already declared a conflict.

"The councillor made a request to the CAO to intervene with a city employee's decision to restrict access to city property by the councillor's company's vehicles as part of the construction process," said Findlater in open council.

"A change to the city employee's decision may have resulted in a financial advantage to the councillor's company."

As a result, Findlater says council has directed Ensign to take conflict of interest training, and other conduct standards training. Ensign has also agreed to pay legal costs incurred by the city.

"Council decided not to go the censure route so as not to incur more costly staff time and legal costs."

Earlier this year, Ensign was found to be in conflict when he contacted the owner of West Bay Resort about bidding on a contract after previously voting on the development.

In that case, he was censured, openly apologized to council and the public, and agreed to pay half the city's legal costs, $2,891.78. Findlater says that has not yet been paid.

Despite a lesser punishment imposed by council, Findlater says this latest incident is a serious infraction.

The Community Charter, Section 102, says a council member must not use his or her office to attempt to influence in any way a decision, recommendation or other action to be made or taken by an officer or an employee of the municipality.

Findlater said when you are elected to public office, you "give up a little part of your life."

He says because the penalties are so weak, council really can't do anything, and censure is just a wrap on the knuckles.

Ensign has not returned calls asking for comment.