SOMBA K'E/YELLOWKNIFE - Several members of Hay River town council are wondering about their effectiveness in municipal government after unwillingly having to declare a conflict of interest in a matter concerning their employer - the GNWT.

The issue involved the GNWT's offer to buy two downtown lots from the town.

The matter passed first and second reading at a council meeting on March 22, after Deputy Mayor Mike Maher and Councillors Andrew Cassidy and Dawna O'Brien declared a conflict.

The three councillors chose to follow two legal opinions obtained by the town and advice from the Department of Municipal and Community Affairs, but were not happy about it.

Maher said he did not see much point sitting on council when so much of its dealings concern the GNWT.

"I think this is an important decision for all of us," Maher said. "We have to decide whether we're in or out."

Cassidy said he believes conflict should only be declared if a matter involves the GNWT department a councillor works for, not the government as a whole.

"I really don't see myself in conflict," he said.

O'Brien said there is not much point sitting as a councillor if she is banished from the room every time a matter involving the GNWT is raised.

The councillors were supported by the three councillors not in conflict - Bernie Langille, Bernard Dueck and Reiss Kruger.

"It hobbles the ability of this council to work cohesively," Langille said.

However, Mayor Kelly Schofield said the legal advice and the MACA opinion state the councillors cannot vote on a matter involving the GNWT. It doesn't matter how council members feel about not being allowed to vote when in conflict, the mayor said, "The law states we cannot."

Schofield said a councillor who votes on an issue while in conflict could be taken to court by the GNWT or a community resident.

The mayor added the councillor's seat could be ordered vacated, and the councillor could be fined $5,000 and ruled ineligible to sit on council for five years.

The situation also affects Coun. Ken Latour, a GNWT employee absent from the March 22 meeting.

Maher said the issue will definitely be brought to the NWT Association of Communities, which is holding its annual general meeting in Hay River on May 13-16.

After the three councillors who declared conflict had left the room, the three that remained voted on the first and second reading of two motions involving the land sale to the GNWT.

Kruger and Dueck voted in favour. Langille voted against the motions, despite vigorous urgings by Schofield to cast a vote "properly." Langille said there were still questions he wanted answered about the sale, such as whether there is another interested party.

Schofield argued the sale of land is standard practice for the town and the GNWT came with a cheque first, and anything else is rumour and speculation.

The mayor said council either follows its bylaws and sells land, or breaches its bylaws and does not sell land.

"If you can't get this right as a councillor, you shouldn't be sitting in that chair," he said to Langille.

Langille also objected to the vote on the sale being left to only three councillors.

"I don't think this should be put on the three of us," he said.

Schofield responded by referring to the legal opinions and MACA's advice.

"What more do you need?" he asked Langille.

The matter still has to pass third reading.

The sale of the land first appeared before council on Feb. 22 and the motions were tabled to March 22. On Feb. 22, a number of councillors expressed concern about what the two side-by-side lots on Lepine Street are to be used for by the territorial government.

At that time, Schofield said what the land is to be used for is not to be considered during a sale, but is dealt with when a landowner applies for a development permit.

Finance Minister Michael Miltenberger said the GNWT is eying the land as a possible site to construct a building to house a liquor store.