ST. JOHN'S, N.L. — Independent MHA Paul Lane says he’s concerned cabinet minister Chris Mitchelmore may have broken the rules of the House of Assembly by being allowed to vote on his own sanction.
Lane wrote a letter to Speaker Scott Reid, pointing to Standing Order 20. Standing orders are rules for debate within the House of Assembly.
Standing Order 20 states an MHA cannot “vote upon any question in which he or she has a direct pecuniary interest.” Pecuniary is defined as “relating to or consisting of money.”
“Clearly, the minister in voting on a matter which would see him pay a financial penalty fits the definition of a pecuniary interest,” Lane wrote in the letter.
Initially, Mitchelmore faced a two-week suspension without pay from the House of Assembly and what amounts to a $48,664 fine for his conduct related to the contractual hiring of Carla Foote as executive director of marketing and development at The Rooms.
Mitchelmore took part in the vote to take away the $48,664 penalty, and did ultimately vote on his final sanction, which included the two-week suspension. The suspension is due to start when the House of Assembly begins its spring sitting in early March.
Lane called on Reid to rule on the matter and potentially hold a re-vote on the matter in the spring.
In a statement, Reid says the standing orders were not violated by Mitchelmore’s vote.
“Matters related to Code of Conduct are matters of privilege, as it is only the House that has the right to discipline its members,” reads the statement.
“For related votes on such matters previously, all members present voted, including those members who were the subject of the matter of privilege or Code of Conduct complaint. This is a disciplinary matter, not a matter of pecuniary interest.”
Reid says the vote did not directly relate to a financial matter, so Standing Order 20 does not apply.
Reid points out that members are welcome to raise a point of order any time they feel the rules of the House are being violated. No such points of order were brought forward at the time of the vote.
Lane is the deputy chair of committees with the House of Assembly, essentially third-in-line for the Speaker’s chair.
Reid also noted votes cannot be re-taken, according to the standing orders, but it can be moved that a vote is rescinded.
