Yellowknife (Apr 18/05) - The Mackenzie Valley Land and Water Board is in limbo until lawyers decide whether chair Todd Burlingame is in a conflict of interest.

At issue is Indian Affairs minister Andy Scott's decision to pay Burlingame as a full-time employee of the Department of Indian Affairs and Northern Development (DIAND).

Todd Burlingame: Asked to step aside while board investigates.

"If the chair is being hired and paid by DIAND, what's the difference between that and the chair being paid by another intervenor," said Jack Van Camp, a member of the board panel that voted this week to ask Burlingame to stand aside.

The answer from the board's lawyer was "there is really not a whole lot of difference."

If that's the case, Van Camp said, any board decision Burlingame participates in could be open to a legal challenge.

"Rather than risk that, we said he should stand aside until this is resolved," Van Camp said.

"If there is an apprehension or the possibility of an apprehension of conflict it's better to be safe than sorry."

The motion was made by Eric Menicoche and seconded by Van Camp.

Board members Stephen Nielsen and Violet Camsell-Blondin supported the motion. Floyd Adlem was absent.

Burlingame cast the only vote against the resolution, Van Camp noted.

The meeting adjourned at Burlingame's request as soon as the resolution passed. He instructed staff there would be no more business until this is resolved, Van Camp said.

The move left about 20 applications for water licences and land use permits on the table, including two that "might be considered time-sensitive," said Bob Wooley, the board's executive director.

Burlingame was on holiday, travelling in Turkey, and could not be reached for comment.

He is due back April 22, but the issue may not be resolved until a meeting of the full board, set for April 28, in Inuvik.

"I expect it will be a topic of considerable discussion," Van Camp said, adding that the only response from Scott was he has "no intention of changing the terms of employment. So there is a disconnect there until that is resolved."

Ian McGregor, director general of DIAND's northern area natural resources and environment branch, said the minister is "investigating."

"We're trying to understand things a little better," McGregor said. "We're not sure why the panel sees an apprehension of bias."

Van Camp said "there was a great deal of confusion" from the minute Scott rejected three nominees from the board and named Burlingame as chair.

"The most specific issue has to do with remuneration; the minister mentioned salary and benefits, but that's not how the land and water board operates, that's not how business is done. We don't have a salaried chair. We operate on honoraria and per diems for expenses.

"What the minister was doing was appointing in a way that is not consistent with our bylaws and our policies. We raised that as an issue and asked for legal advice," Van Camp said.

Premier Joe Handley said he isn't surprised Burlingame is getting such a rough ride from fellow board members.

"I expected it was going to happen," said Handley. "There's so much opposition to Burlingame. There's bad baggage he had to bring along with him from before."

Handley said he's worried the impasse will prevent the board from doing its job. He blames it on assumptions made in Ottawa "that weren't sound."

"It seems like things are grinding to a halt," said Handley.