TBM councillors on housing corp. can vote how they want: lawyer

The Blue Mountains councillors appointed to the board of directors for the Blue Mountains Attainable Housing Corporation (BMAHC) are not required to vote how council as a whole wishes them to while they are attending board meetings.

At council’s committee of the whole meeting on March 13, CAO Shawn Everitt delivered a report to clarify the roles and responsibilities of members of council who have been appointed to the housing corporation’s board of directors as town representatives. Mayor Andrea Matrosovs and Coun. Shawn Everitt are the current representatives from the town on the board.

Everitt’s report provided a legal opinion on the matter from lawyer John Mascarin of Aird and Berlis.

The CAO provided Mascarin with four questions about the roles and responsibilities of the council appointees. Mascarin’s full reply can be found here.

The questions included:

Question: Do the members have a conflict of interest between their roles as councillors for the town and directors of the BMAHC?

Answer: The members may have a conflict of interest, but it is one that is recognized at law. They are entitled to still consider, debate, discuss and vote on matters and questions at both the council and at the BMAHC board.

Question: While attending a meeting of the BMAHC board, are the members representing the town or BMAHC?

Answer: The councillors who have been appointed to the BMAHC board are representatives of the town but, they are directors of the BMAHC board and they must act and decide matters as directors at the BMAHC board with a view to the best interests of the BMAHC, even if those interests are contrary to council who appointed them.

Question: If the members vote one way at the meeting of council on a question or matter are they required to vote the same

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