A motion reappointing David Jones as the territory's conflicts commissioner demonstrates the 'arrogance' of the governing Yukon Party, says Liberal Leader Pat Duncan.

'Arrogance when they promised openness. It's coercion rather than consensus,' Duncan said in an interview last Thursday.

She was the only MLA to vote against the reappointment. The other 14 MLAs present voted for the motion reappointing Jones.

Duncan said she does not question Jones' qualifications. However, she believes the position could benefit from having someone else serving in a mentorship capacity to provide additional input in matters brought before the commissioner.

Duncan said she was also upset because she had not known the motion would be on the floor of the house last Thursday, and she wasn't fully prepared to make her argument against Jones' reappointment.

The approved motion reappoints Jones for a three-year period.

He has already completed a term in the position. Jones has a background in law, serving as a professor, author and running his own private practice.

The legislation for the conflicts commissioner is only 10 years old in the territory. Duncan argued that the government should follow the example of other jurisdictions in Canada and look at enhancing it to better serve the needs of the territory.

'I believe the Yukon could benefit from an individual who serves in a conflict of interest commissioner capacity elsewhere in the country, and I also believe that our Conflict of Interest Act requires our vigilance, requires us to take a good hard look at it and, particularly in light of efforts made elsewhere in the country, I believe we could seek to improve it, and that we could do that by working with a conflict of interest commissioner from another jurisdiction,' Duncan said in the legislature Thursday.

Duncan told the Star she had brought her concerns before the Member's Services Board during meetings about the reappointment. However, her vague approval of Jones' qualifications was interpreted as a consensus when she wanted further discussion on how to better the legislation surrounding the commissioner.

'When it comes to something like our conflict of interest legislation, shouldn't it be consensus?' she asked, adding, 'No effort made by the government to try to reach consensus.'

She said she would have been more satisfied if the government had agreed to appoint Jones for a one-year term and in that time continued to explore options for amending the present legislation. However, she said she feels the Yukon Party isn't ready to have any discussions on the matter.

'I hope the point comes out that this is the government that promised consensus, collaboration, consult with Yukoners in matters of importance and they do everything but,' she said.

'It's unfortunate, but I guess you could say that there is conflict with the conflicts commissioner from this side of the house,' Opposition Leader Todd Hardy told the legislature Thursday.

'Again, it points to a way that the government has been acting in regard to just assuming that we will do as they see fit, mainly because they have the majority.'

Hardy indicated he also had concerns with the conflicts commissioner and felt in the meeting he was simply told Jones would be reappointed.

Despite his criticisms, Hardy and all NDP members voted in support of reappointing Jones.

'(Duncan's case) wasn't very strong; she didn't present anything that I felt would necessitate not supporting Mr. Jones, though I do have reservations,' Hardy said in an interview Thursday.

'I have reservations about the whole Conflicts of Interest Act. I think there is a point where we need to go back and look at these acts and make the adjustments as situations change.'

Hardy added it's the government's responsibility to review legislation and to keep it current with the needs of society.

'This government has been very negligent in that area,' he said.

An act to amend the Conflict of Interest Act was put forth by the NDP earlier this year. It would amend the current legislation in areas concerned with debt and the review of the act itself.

'I do support some of (Duncan's) concerns, but it does not necessarily mean that we have to get rid of David Jones,' Hardy added.

Duncan is among only a handful of members who have brought appeals before the conflicts commissioner.

In January, Duncan took the matter involving the government's decision to pay for a seat at the Western College of Veterinary Medicine in Saskatoon for a Yukoner to attend in 2004. There were questions about cabinet minister Jim Kenyon's involvement and possible aiding of an employee of his veterinary clinic. However, in March, Jones ruled there was no conflict.

Hardy said everyone who has brought questions before the conflicts commissioner has been disappointed with the results.

The scope of the Conflicts of Interest Act only allows the commissioner to review questions under a very specific lens and look at one or two very specific questions, Hardy said.

Duncan said, though, there are no 'sour grapes' involved in her reaction to the reappointment of Jones.

'I'm not decrying his expertise,' she added.

She said she just wants the government to do its 'homework' and examine how the legislation could be better.

Despite her concerns, the matter was put to a vote in the house.

'We discussed the issue at great length; a consensus was not reached. We all understand why, and it was at that meeting that the government informed all members of the board that we would then bring the motion forward to this house,' Premier Dennis Fentie told the legislature Thursday.

He added: 'I think it's important that we recognize that not always will we agree with the conflict of interest commissioner's rulings, but that is not reason for us to go searching for a new one. Mr. Jones has served us well, and I'm sure he'll serve us well in his new tenure.'

'We had an opportunity to do it right and the government just couldn't see it that way,' said Duncan. 'I don't think we as legislators have done a good job.'

Duncan doesn't think there will be any further discussion on amending the legislation until the reappointment is again on the table in three years.