The Commissioner’s advice was sought with respect to the proposed part-time appointment of an individual to a public body. There was concern about the potential for conflict of interest as the potential appointee had, through the course of his/her external employment, worked closely with and had provided services to the public body.
The Commissioner advised that the potential appointee’s external employment could create conflicts of interest, but that these could be mitigated if the individual’s activities were restricted at both the public body and the external employment. The Commissioner suggested that the proposed appointee not have any involvement at the public body in discussions, decision-making or providing input on matters related to his/her employer. Similarly, in the course of his/her employment, the proposed appointee would recuse him/herself from matters related to the public body.
The Commissioner suggested that the mitigation strategy be shared with the board and staff of the public body as well as with the employer and the general public. This would promote compliance and minimize the appearance that the proposed appointee’s employer would receive preferential treatment from the public body.
O. Reg. 381/07, s. 8 & 9.