In an
attempt to get to the heart of the matter I looked up the definition of
conflict-of-interest on duhaime.org legal resource. According to them, a
conflict-of-interest is defined as:
“A personal interest that conflicts with a public or
fiduciary interest.”
In
other words, if then-Councilor Rob Ford had a conflict-of-interest, Rob Ford
had to have had a personal interest that would have interfered with the public
responsibilities he was sworn to uphold, to the City of Toronto and the
constituents of Ward 2.
With
this definition in mind, let’s examine this case step-by-step from the
beginning. It all started when Ford solicited donations on official letterhead
for the Rob Ford Football Charity, which resulted in $3,100 being received by
the charity. The first problem for his accusers is that the money solicited
came from private not government sources. Second, the money flowed to a
charity, not to him. It’s hard to see what personal interest, besides the
benign one of charity, this benefited. Third, it is hard to see how the
interests of the Rob Ford Football Charity would conflict with the interests of
the City or Ford’s voters.
Then
there is the matter of him soliciting funds using his official Council
stationary. The problem, of course, is not the cost of the stationary, which is
trivial. The problem with using the stationary is presumably that he might have
been using the powers of his office to ‘bully’ individuals into giving
donations that they otherwise would have foregone. Given that he was a
high-profile councilor and that the charity was named after him, it is hard to
see how the deciding factor in the mind of the donor was the letterhead
flagging Rob Ford as a councilor. Does the Integrity Commissioner believe that
those donors would have been oblivious to Ford’s elected position without
seeing the letterhead?
I
agree that as a general principle elected officials shouldn’t use official
letterhead for personal matters, but I don’t see what harm this caused the
City’s interest in this particular case.
Keep
in mind we are talking about the councilor who regularly refused to charge his
office expenses to the city (costing him roughly $30K or more per year) and
reportedly gave over $50K of his own money to the same charity.
Second,
we have the Integrity Commissioner’s ruling. Given:
a) the benign nature of Rob Ford’s transgression, and
b) the fact that the ‘payback’ really constituted a fine,
given that the donations never flowed to him in the first place,
I
think an impartial observer might be forgiven for believing that the Integrity
Commissioner over-reached in this decision.
Third,
we have the vote in the council where he voted on the matter of overturning the
Integrity Commissioner’s ruling. Again, on general principles, I agree that
councilors should not be allowed vote on matters that affect them personally,
but given the fact that there doesn’t appear to be any harm done by the
originating act, I don’t see what harm this particular vote of his did. An
interesting question I have not found an answer to in any newspaper account is,
did Rob Ford’s vote affect the outcome of the motion? In other words, would the
outcome of the motion have been a tie without Ford’s vote? I don’t know the
answer to this question, but I am willing to bet dollars to doughnuts that if
it had, the papers would have highlighted this significant fact. Therefore, it
is highly likely that the motion would have passed without Ford’s personal
vote, perhaps because most councilors had come to the same opinion on the
Integrity Commissioner’s verdict as I have.
In
summary, Rob Ford may be guilty of several procedural offences designed to
prevent conflicts-of-interest. However, given that no private interests can be
found that are in conflict with Ford’s public interest, who cares?
I am
a strong believer that laws should be interpreted through the filter of common
sense. For instance, when the
MPP’s in Queen’s park voted to pass into law the “automatic removal from
office” clause in the Municipal Conflict of Interest Act, what did they have in
mind? people selling favours such as zoning exemptions for campaign contributions,
or people raising money for charity using city stationary?
When
we prosecute people for procedural matters when the crimes the procedures are
designed to prevent never occurred in the first place, the justice system is
engaging in tyrannical behaviour.