Petition and lawsuit seek O’Reilly’s removal from Kamloops City Council over alleged conflict of interest – Kamloops News

A petition signed by 10 Kamloops voters was filed in the British Columbia Supreme Court asking Cone to be involved. Mike O’Reilly has been suspended over an alleged conflict of interest related to his involvement in the city’s plans to build a $135 million multiplex arena.

The group has also filed a lawsuit against a second-term councilor and the chair of the Kamloops Building Committee over the same issues.

The petition’s signatories—Katherine Dunn, Beat Klossner, Patrick Snell, Linda Angley, Gerd Dessau, Deborah Kuipers, Patricia Carlson, Howard King, former City Council member Denis Walsh and Christina Schieberle, who are also listed as plaintiffs in the lawsuit—asked the Court to disqualify O ‘Reilly for the remainder of the council’s term, which ends in October 2026.

The group claims O’Reilly has a conflict of interest because he did not recuse himself from meetings, discussions and votes on the Kamloops multiplex arena project.

City of Kamloops $275 million development plan passed in September. Two projects are first in line for construction: a $140 million performing arts center and a $135 million four-skin skating rink.

Intimacy is in question

The multiplex arena is planned to be built on city-owned property about 4 kilometers east of the land being developed by O’Reilly’s company.

O’Reilly is president and CEO of Comet Industries, which is developing the Iron Mask Industrial Park at 3055 Sugarloaf Rd.

The petitioners argue that O’Reilly will benefit financially from the proximity of the projects. They argue that while the multiplex is under construction, the light industrial park is “conveniently located to become a staging area for many of the suppliers and contractors needed for the $135 million capital budget project.”

“Petitioners believe that the nearby location of a multiplex arena could potentially increase the value and sales of the (Iron Mask Industrial Park) lots,” the petition states.

The applicants also noted that the park’s light industrial zoning allows for a wide range of businesses, from tertiary to large businesses such as a multiplex arena, and the completion date for portions of the park in late 2025 coincides with the start of construction on the city facility in 2026. .

“The applicants believe that the respondent (O’Reilly), while a member of the Kamloops City Council and in his further privileged capacity as Chairman of the Kamloops City Council Special Committee on Building, failed to comply with the Community Bylaws and Council Member Code of Conduct rules. conflict of material interests,” the lawsuit says.

On Sept. 24, the council approved the results of its counter-petition and resolution for a loan to build a downtown performing arts center and multiplex arena on city-owned land at 2070 Hillside Dr., adjacent to the main entrance to Kenna Cartwright Park.

According to the complainants, O’Reilly did not declare a conflict of interest during that portion of the meeting.

British Columbia Community Charter allows disqualification of a city council member if the judge is satisfied that the conflict is stated. To start the trial, a petition from 10 people is required.

“We should have recused ourselves”

The applicants allege that as chairman of the Kamloops ad hoc committee, O’Reilly was involved in all aspects of the arena project, including the selection of its site.

The petitioners stated that O’Reilly could not argue that the failure to declare a conflict was unintentional or an error in judgment because, as an experienced advisor, he should have known the rules of the conflict. They also argue that he cannot claim a conflict exemption under the Community Charter because he would benefit from the project far more than the average municipal voter and his potential financial benefit would not be negligible.

The lawsuit says O’Reilly, as committee chairman, held a position of trust over the 57 task force members that made up the board’s main committee, and names Comet Industries realtor Brendan Shaw as one of the task force members.

The petitioners argue that Shaw would see his commission increase if the arena project increases sales, and O’Reilly has a duty to ensure, to the extent possible, that task force members are impartial with respect to financial gain.

The lawsuit says O’Reilly admitted at community council meetings that he participated in ad hoc committee meetings and votes and that the full council decided to locate the arena at 2070 Hillside Dr.

“The applicants argue that the defendant should have refused such participation as required by the Community Charter … due to the emergence of a potential conflict of material interests,” the lawsuit states.

The applicants are also asking the court to quash the municipality’s decision on the location of the multiplex and order the City of Kamloops to undertake a new process to determine the location of the facility in greater consultation with the broader community.

O’Reilly says he was candid

Castanet has contacted O’Reilly, who is currently out of the country, for comment. He provided a written statement that he learned of the motion to disqualify over the weekend.

O’Reilly said he intends to share his next steps in a few days once he has “thoroughly reviewed the information” in the petition.

“I want to state that in my role as an elected member of the City Council, I have always acted transparently and honestly, recusing myself from any discussions or decisions where a conflict of interest might arise,” O’Reilly said in a statement.

“I look forward to clarifying this matter as soon as possible.”

According to court documents, O’Reilly has not yet received service and will not return to Kamloops until early next month. However, the petition, contents of the affidavit and supporting evidence from 10 petitioners were emailed to him.

The applicants plan to apply to the court on Wednesday for an extension of time given O’Reilly’s absence.

There are currently two lawsuits filed in connection with the Kamloops development. Last month Kamloops woman files lawsuit ask a judge to overturn an order that would allow the city to borrow money to build a performing arts center and arena multiplex.