Councillor Esther Pauls (Ward 7 – Central Mountain) has a son who is a police officer with the Hamilton Police Service (HPS), which previously led some to question whether or not it is a conflict of interest for Pauls to vote on the city’s police budget. Photo Credit: City of Hamilton.
Hamilton Councillor Esther Pauls (Ward 7 – Central Mountain) has a son who is a police officer with the Hamilton Police Service (HPS), which previously led some to question whether or not it is a conflict of interest for Pauls to vote on the city’s police budget.
The city’s previous integrity commissioner, Principles Integrity, whose appointment ended in November 2023, determined that because Pauls’ son is an officer she has a “disqualifying interest” when it comes to discussions and votes regarding the HPS budget.
The complaint leading to the report by Principles Integrity actually came from fellow Hamilton Councillor Cameron Kroetsch (Ward 2 – Downtown Hamilton).
It should be noted that Kroetsch has often affiliated himself and expressed support for groups and activists that want to go so far as to abolish the police.
Kroetsch has also voted against police budgets in the past and recently introduced several motions to reduce the 2024 HPS budget.
Pauls has consistently voted in favour of police budgets.
The argument from Principles Integrity was that any discussion on the budget has a direct impact on police salaries.
However, Pauls argued otherwise since officer pay is determined through collective bargaining.
Pauls had previously received advice from Principles Integrity telling her not to vote on the police budget, but during the 2023 budget she participated in budget talks despite the advice.
Her continued participation eventually led to the complaint by Kroetsch and the report that determined that her participation is a conflict of interest.
Pauls was even docked 15 days of pay.
But, in late 2023, when the city appointed David Boghosian the new integrity commissioner, Pauls asked him to revisit the ruling made by Principles Integrity.
That new ruling was released in February and determined that “the previous Integrity Commissioner’s findings with respect to the purported conflict on the part of Councillor Paul was based on an incomplete review of the available facts and data and based on certain unfounded assumptions.”
Boghosian continued by noting: “Case law also holds that ‘pecuniary interest’ is not to be narrowly confined, but also not construed so broadly so as to capture almost any financial or economic interest and prevent members from participating in decision making.”
“Where a budget does not and cannot change or amend a collective agreement, the pecuniary interest received by an adult child of a member pursuant to that collective agreement is so remote that no reasonable elector would accuse the member of being influenced by the prospect of an interest while voting for the budget,” he continues.
Thus, Pauls is able to participate in HPS budget discussions and votes and did so again in February.
Boghosian did note, however, that “the potential for a conflict might arise” if there is ever a proposal to cut the police budget “to a significant degree.”
He adds that if that were the case then Pauls should “either declare a conflict of interest or seek further advice from the Integrity Commissioner.”
Pauls must also still declare a “disqualifying interest with respect to anything to do with the three HPS collective agreements.”
Based in Hamilton, he reaches hundreds of thousands of people monthly on Facebook, Instagram, TikTok, and Twitter. He has been published in The Hamilton Spectator, Stoney Creek News, and Bay Observer. He has also been a segment host with Cable 14 Hamilton. In 2017, he received the Chancellor Full Tuition Scholarship from the University of Ottawa (BA, 2022). He has also received the Governor General’s Academic Medal. He formerly worked in a non-partisan role on Parliament Hill in Ottawa.
