LIDSTONE & COMPANY

Barristers and Solicitors

September 28, 2017

PRIVILEGED AND CONFIDENTIAL

Steve Scheepmaker
Director, Corporate Administration
Township of Langley
20338 65 Ave
Langley, BC V2Y 3J1

Dear Steve:

Re: Catering contract with Well Seasoned

On September 20, 2017, the Township of Langleys Agriculture Advisory &

Economic Enhancement Committee (AAEEC) conducted a Farm Tour. One of
the Tour stops was catered by Well Seasoned a company owned by
Councillor Angie Qualle. You asked us to review the process leading up to
the contract and to advise you if Councillor Qualle had a conflict of
interests.

THE PROCESS

Leading up to the 2017 Farm Tour, the AAEEC set up a sub-committee to

develop a theme for the Farm Tour (Farming outside the Box) and to select
host farms. Based on the theme, the sub-committee and staff established
selection criteria for a Farm Tour caterer. Staff approached three catering
companies and selected Well Seasoned based on selection criteria and price.

We understand that Councillor Qualle is not part of the AAEEC; was not part
of the AAEEC sub-committee; was not involved in selecting the theme for
the Farm Tour; and was not involved in establishing selection criteria or in
selecting the caterer. If we misunderstood the nature of Councillor Qualles
involvement, please let us know.

CONFLICT OF INTERESTS

A municipal councillor may not participate in discussions, attend a meeting

or vote on a matter that may affect the councillors pecuniary interest. If a
councillor does not declare the pecuniary interest and votes on the matter,
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they are said to have a conflict of interests.

For example, a councillor who has a landscaping business cannot discuss or

vote on a water metering bylaw because it may negatively impact her
business.1 A councillor who decides to buy property, cannot vote on
whether the municipality should sell that property.2 A councillor cannot
vote to fund a society of which they are a director (subject to regulations).3

To trigger the conflict of interests, there must be a meeting at which the

councillor participates or votes. This can be a meeting of Council, a
committee, a board or variance, or another panel or board.4 If there is no
meeting, there is no conflict of interests.

In this instance, there appears to have been no meeting to trigger the

conflict of interests. Councillor Qualle is not a member of the AAEEC; she
did not participate in the AAECCs (or its sub-committees) caterer selection
process; and she did not vote on the choice of the caterer.

CONTRACT DISCLOSURE

While there was no conflict of interests, Councillor Qualle likely has a

pecuniary interest in the contract. That means that the contract must be
reported to public pursuant to section 107 of the Community Charter. 5

Section 107 states:

(1) If a municipality enters into a contract in which a council member

has a direct or indirect pecuniary interest, this must be reported as
soon as reasonably practicable at a council meeting that is open to the
public.

(2) In addition to the obligation under section 100 [disclosure of conflict] a

council member must advise the corporate officer, as soon as
reasonably practicable, of any contracts that must be reported under
subsection (1) in relation to that person.

(3) A person who contravenes subsection (2) is disqualified from holding

office as described in section 108.1 [disqualification for contravening
conflict rules] unless the contravention was done inadvertently or
because of an error in judgment made in good faith.

1
Grand Forks (City) v. Butler, [2016] B.C. J. No. 398.
2
Tuchenhagen v. Mondoux, 2011 ONSC 5389, 2012 ONCA 567.
3
Schlenker v. Torgrimson, 2013 BCCA 9.
4
Community Charter, section 100 and section 101.
5
Community Charter, section 107.

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