Ferguson gets legal advice on possible transit lane vote conflict

Ancaster councillor Lloyd Ferguson is getting legal advice on whether his investments in the taxi industry mean he should not participate in Wednesday's vote on the future of the bus lane.

A pro-transit activist says Ferguson should not vote, because his role in the industry puts him in a conflict of interest when it comes to supporting or rejecting transit service improvements.

Ferguson says he’ll know by Tuesday whether he can participate in the controversial vote to scrap the downtown bus lane — a vote that could determine the lane’s future. Ferguson is against the lane.

The councillor owns four taxi licence plates, which he leases to drivers. He has no involvement otherwise in the vehicles or their operation.

Ferguson says he’s checking with a municipal affairs lawyer to see if he should declare a conflict on the transit lane vote at Wednesday’s city council meeting.

I don’t know what gain I’d have when we lease these plates out, whether it’s affected by whether we do or don’t have a transit lane. I’ll leave that to a legal opinion.- Coun. Lloyd Ferguson

“He gave me a verbal report on it, but I want it in writing because it’s coming up on Wednesday night,” said Ferguson, who’s voted in previous transit lane votes.

“The test for conflict is a pecuniary gain, and I don’t know what gain I’d have when we lease these plates out, whether it’s affected by whether we do or don’t have a transit lane. I’ll leave that to a legal opinion.”

The transit lane is a heated issue at city hall. The pilot project, which was scheduled to run from October 2013 to October 2014, runs from Mary to Dundurn Streets. Its scrutiny was delayed by the Oct. 27 municipal election.

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Councillors voted at last Wednesday's general issues committee on whether to defer the issue until February, keep it with modifications, suspend the lane or scrap it. Every vote failed, although they were all close, with each losing 8-6 or 8-7. Ferguson voted to get rid of the lane.

Coun. Judi Partridge of Ward 15 was away for part of the meeting. Coun. Brenda Johnson of Ward 11 was on bereavement leave. Both are expected to be at Wednesday’s meeting, when Coun. Chad Collins of Ward 5 will bring back the motion on Wednesday to kill the lane.

In response, transit advocates have discussed a coalition and started a petition that has about 560 supporters so far.

City hall watcher Dan Jelly, who likes the bus lane, sent out a media release on Monday calling for Ferguson to declare a conflict of interest.

If things were status quo, I’d still vote against it because it’s not long enough.- Coun. Brenda Johnson

Jelly cited a Peterborough example in 2011, when Mayor Daryl Bennet, owner of a taxi company, sat out a final budget vote for a perceived conflict of interest on transit.

“The concerns about Ferguson’s ownership are tied to his votes related to public transit including, but not limited to, eliminating the current bus lane,” Jelly said.

Ferguson said he’d rather listen to legal advice.

“I take the advice of a trained lawyer on this, not necessarily any of the Jellys.”

On Friday, Ferguson's name was dropped from a court case that included him when a cab with one of his leased plates had alleged mechanical defects.

If he abstains from Wednesday's vote, it would add more scrutiny to Johnson’s already key vote. Johnson voted against the transit lane in 2013, saying it should be longer to be effective.

“I said, ‘You’re bottle-necking, and it’s setting it up to fail,’” she said. “That’s why I voted against it the first time.”

She wasn’t sure Monday how she would vote. She’s busy catching up on work from last week, she said.

“If things were status quo, I’d still vote against it because it’s not long enough…If you’re going to put it in, put it in properly. That’s been my stance since day one.”

How they're likely to vote

Mayor Fred Eisenberger: Eisenberger is a transit lane fan. Last week, he voted to improve and suspend the lane, and voted against killing it.

Aidan Johnson, Ward 1: Johnson is a transit user and transit lane fan. Last week, he moved a motion to improve it and voted against suspending or getting rid of it.

Jason Farr, Ward 2: Farr is a fan of the lane and wants to see it modified to run smoother. Last week, he moved a motion to defer the issue until Feb. 6, when transit head Dave Dixon will present a larger transit plan.

Matthew Green, Ward 3: Green is a transit lane fan who voted last week to modify the lane.

Sam Merulla, Ward 4: Merulla is a bus lane fan and voted to improve it.

Chad Collins, Ward 5: Collins has twice introduced motions against the lane — once in December to stop enforcing it, and last week to kill it. The latter failed 8-6, but he'll try again on Wednesday.

Tom Jackson, Ward 6: Jackson voted to get rid of the transit lane.

Scott Duvall, Ward 7: Duvall voted in favour of suspending it and against modifying it.

Terry Whitehead, Ward 8: Whitehead’s stated stance is more nuanced. He introduced a motion last week to suspend the lane to study it more, which was lost 8-6. He voted against killing the lane and also against improving it. Whitehead conducted a poll of his own, which he says found that 40.7 per cent are in favour of keeping it.

Doug Conley, Ward 9: Conley voted to get rid of the transit lane. He also voted to modify it and suspend it. Conley has told CBC Hamilton in interviews that he's not a fan of the lane.

Maria Pearson, Ward 10: A self-professed transit user, Pearson voted in favour of modifying the transit lane last week. She voted against killing it.

Brenda Johnson, Ward 11: Johnson says she's still thinking about it, but is leaning toward getting rid of it because it's not long enough.

Lloyd Ferguson, Ward 12: Ferguson voted to get rid of the transit lane.

Arlene VanderBeek, Ward 13: VanderBeek voted to get rid of the transit lane.

Robert Pasuta, Ward 14: Pasuta voted to get rid of the transit lane.

Judi Partridge, Ward 15: Partridge was missing from three of the four votes last week, but was prepared to second a motion to get rid of it. She voted against modifying it.