Bell in hot water

BELL... the Integrity Commission found that he attended deliberations on his wife’s application to the municipal corporation without withdrawing or recusing himself from the Commercial Services Committee Councillor Ian Bell (People’s National Party, Beecher Town Division) is facing a two-month expulsion from the St Ann Municipal Corporation, removal from two key committees, and a formal reprimand following an Integrity Commission investigation which found that he failed to withdraw from discussions concerning his wife’s application for space at the Ocho Rios Transportation Centre. St Ann’s Bay Mayor Michael Belnavis announced the proposed disciplinary measures during Thursday’s monthly council meeting, saying a notice of motion for Bell’s expulsion would be brought before the council later that day. Belnavis said the corporation would also seek Bell’s immediate removal from the Commercial Services Committee, which considers applications and matters relating to the corporation’s commercial activities, and the Planning Committee. According to the mayor, the proposed two-month expulsion is being pursued under section 44(1) of the Local Governance Act, 2016, on the grounds that Bell brought the corporation into disrepute. The measures follow an investigation into the circumstances surrounding an application made by Bell’s wife, businesswoman Shirlyn Campbell-Bell, to rent a section of the transportation centre to operate a gaming lounge. The Integrity Commission found that Bell, who was a member of the Commercial Services Committee, attended deliberations on his wife’s application without withdrawing or recusing himself. The commission said this breached the conflict-of-interest standards expected of elected officials under the Ministry of Local Government and Community Development’s Councillor’s Handbook. The Integrity Commission recommended that Bell be formally reprimanded for failing to withdraw from the committee’s consideration of the application, despite his personal interest in the matter and his knowledge of the proper procedure. “The purpose is to protect the integrity of the committee and ensure that its membership can carry out its responsibilities without any unresolved concern regarding this matter. In addition, mandatory refresher training will be required for all members of council. That training must strengthen members’ understanding of the conflicts of interest, disclosure, recusal, ethnic decision-making, statutory obligations and good governance,” Belnavis announced on Thursday. “We must ensure that members understand not only the procedures but their personal responsibility to uphold them. We cannot allow uncertainty, silence or conflicting interpretations of procedures to compromise the work of this corporation,” he added. He also noted that the corporation will introduce stricter procedures requiring councillors to formally declare conflicts of interest, with every departure from and return to committee meetings duly recorded in the minutes. “Conflicts must be declared in writing. Every withdrawal and return must be recorded in the minutes. The clerk to the committee must provide guidance whenever conflict arises and the presiding chair must confirm that the matter can properly proceed before discussion or decision-making begins,” he said. The Integrity Commission report traced the matter to March 31, 2023, when Campbell-Bell applied to rent space at the transportation centre to place a 40-foot container for a gaming lounge. The investigation found that the application was delivered to the corporation by Bell rather than being submitted through its Registry Department, as required under the established procedure. It also found that Campbell-Bell’s married name was omitted from the application. Although the corporation sent her correspondence in May 2023 indicating that the request had been approved, the commission found that the required approval process had not been completed. The report also found that the structure was built without the necessary building and planning permits, in breach of the Building Act, 2018. It said there was no evidence of a lease agreement between Campbell-Bell and the corporation, or that the application had been referred to the Ministry of Local Government for the minister’s approval. The commission further found that the gaming lounge had operated since 2023 without paying user fees to the corporation, and that the corporation had made no attempt to collect those fees. The investigation also examined whether Bell had declared his relationship with the applicant. While six councillors told investigators that he had disclosed that Campbell-Bell was his wife, they could not identify the specific meeting at which this was done. The commission said it was therefore unable to definitively conclude that he had made the declaration. However, it found that Bell remained present when the application was considered and that the evidence suggested he did not recuse himself from the meeting. Belnavis said the corporation would now examine the status of the building and take the necessary steps through the relevant legal and technical processes. “The Integrity Commission’s report indicates that the required building plans were not submitted to the relevant agencies before construction commenced. The existence of the structure does not, in itself, constitute lawful approval,” he said. The mayor said the corporation would also consider the requirements of section 49 of the Local Government Act, which deals with the sale or lease of land vested in a municipal corporation and requires ministerial approval. The Integrity Commission recommended that the corporation assess and recover all outstanding fees relating to the business and enforce the relevant laws and policies concerning Campbell-Bell’s occupation of the property. It also recommended that the corporation strengthen its conflict of interest procedures and consider disciplinary action against Bell, including a formal reprimand. Belnavis said the measures were intended to ensure that the commission’s findings led to changes in how the corporation manages its commercial properties and conducts its affairs.