Fending off conflict-of-interest warnings, Kamloops mayor again votes on proposal led by developer he is suing

The development company behind the project is ARPA Investments, led in part by Joshua Knaak. Hamer-Jackson has filed a defamation suit against Knaak stemming from a March 2023 interaction at a local nightclub.

Last November, Hamer-Jackson was compelled to declare a conflict of interest in another vote involving an ARPA project. Later that month, he did participate in a vote on a temporary use permit for the same project, indicating he had received a legal opinion allowing him to participate.

In January, Councillor Dale Bass filed a complaint alleging Hamer-Jackson breached conflict of interest rules contained in council’s code of conduct by voting on the ARPA-initiated matter. Independent investigator Reece Harding substantiated that complaint in a report delivered in August.

B.C.’s Community Charter allows elected officials to obtain their own legal advice and use it to determine whether they are in a position of conflict of interest. Despite Harding’s investigation report, Hamer-Jackson maintains he is in a position to participate — and grew impatient when pressed on the matter Tuesday.

“I raise the question again to ask the mayor whether the legal advice he has obtained takes that independent investigation into account,” said Corporate Officer Maria Mazzotta.

“Like I said — and I’ve said it several times — I’m okay,” replied Hamer-Jackson. “I find it amazing that I’m always the one in conflict of interest. It was Reece Harding. He is a lawyer from Vancouver who did the investigation.”

Hamer-Jackson has questioned Harding’s objectivity and independence. The Vancouver lawyer has been retained to handle the bulk of council’s code of conduct complaints since 2023, repeatedly substantiating complaints against the mayor. When Hamer-Jackson accused Harding of bias, he paused all active City of Kamloops investigations and underwent a review for bias. That review cleared Harding of “actual or perceived bias requiring disqualification.”

As Mazzotta and Councillors Nancy Bepple and Stephen Karpuk pressed him, Hamer-Jackson pointed out what he felt was inequitable treatment.

“I don’t know why I’m always the one being questioned over and over and over again about being in conflict and yet other members of council, after recusing — I haven’t seen or heard a word about it in council chambers (when) about a month later (they were) going into a meeting and not recusing themselves,” he said.

The Community Charter mandates personnel matters be discussed in closed meetings.

“We had four councillors recuse themselves due to staffing issues. I want to know why it’s not brought up all the time,” said the mayor. “They recused themselves (from) talking about staffing issues because of their immediate family members being staff.”

“We’re not speaking about personnel matters in a public setting,” said Mazzotta. “We’re speaking about an application from a local developer who you have sued and whom an independent investigator has concluded you are in a conflict of interest.”

“We’ll see how independent he was,” replied Hamer-Jackson.

“I just want to lay it out as clearly as possible for the mayor — you are taking a gamble if you stay in the room on this. That is your decision to make,” said Mazzotta. “Whoever your lawyer is, is going up in court against Reece Harding. That’s their decision you’re making right now if you stay in the room.”

Council recessed before voting but after the meeting reconvened, Karpuk broached the conflict-of-interest matter again.

“Conflict of interest is about a person. That’s why the directors’ names are on all these developments,” said Karpuk. “It’s why we’re made aware of who is being information before — so we can declare if we have a conflict with the person in question.”

Hamer-Jackson maintained his chair and voted along with all councillors in attendance — in favour of the ARPA matters.

by James Peters

Fending off conflict-of-interest warnings, Kamloops mayor again votes on proposal led by developer he is suing

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