RM of Baildon #131

Disqualification of Councillor Kaiser pursuant to The Municipalities Act

Disqualification of Councillor Kaiser pursuant to The Municipalities Act

Oct 17, 2024

Disqualification of Councillor Kaiser pursuant to The Municipalities Act

Both The Municipalities Act and the Baildon Code of Ethics Bylaw impose important obligations on municipal councillors regarding ethics and conflict of interest.  Councillors are required to recuse themselves from deliberation and voting on matters for which they are in a conflict of interest.  Members of council can be disqualified, and their offices declared vacant when they do not abide by these rules.  The result of a disqualification under The Municipalities Act is that the councillor is prohibited from being nominated or elected for municipal office in Saskatchewan for a period of 12 years.

At the October 2nd 2024 Regular Meeting of the Baildon Council, Councillor Kaiser failed to declare a conflict of interest in relation to five resolutions in relation to which he had a conflict of interest.  Further, Councillor Kaiser participated in Council’s deliberations on these five resolutions, and voted on them.  Two of the resolutions directly related to permit applications that Councillor Kaiser had put before Council for consideration, and another directly related to the dismissal of a Code of Ethics complaint that he had brought against RM Administration.  Council determined that as a result of this participation in these five resolutions, Councillor Kaiser had violated the conflict of interest provisions of The Municipalities Act and, therefore, was by law disqualified from office.  Councillor Kaiser received detailed written notice of Council’s position that he was disqualified from office as of the October 2nd, 2024 Regular Meeting in letters dated October 4, 2024 and October 10, 2024, and was provided an opportunity to respond to the allegations both in writing and verbally, at a special meeting that would be held for that purpose.  Councillor Kaiser was also afforded the right to resign voluntarily, which is provided for in the legislation.

A special meeting for the purposes of hearing from Councillor Kaiser was called for October 17, 2024, for which Councillor Kaiser received all the notice required under the Baildon Council Procedures Bylaw.  Councillor Kaiser did not attend.  At the special meeting, Council deliberated on the question of Councillor Kaiser’s disqualification based on his participation in the five resolutions at the October 2, 2024, meeting.  Council adopted a resolution a) confirming Councillor Kaiser’s disqualification as Councillor for Division 5; b) declaring the Division 5 office vacant; and c) declaring that Mr. Kaiser is prohibited from either being nominated or elected in a municipal election in Saskatchewan for 12 years.

As a result of these events, Mr. Kaiser is no longer eligible to be elected in any municipal election in Saskatchewan, including as Reeve of the RM of Baildon.  Baildon Administration is consulting the rules regarding municipal elections in Saskatchewan to determine the proper course of action regarding the election for Reeve in Baildon and Mr. Kaiser’s prior nomination.