In undertaking an extensive probe into the activities of Rob Ford, Toronto Police Chief Bill Blair is effectively investigating his boss, an uncomfortable dynamic that could present a significant dilemma for the mayor.

Is it right for Ford to take part in any discussion about — or vote on — the budget of a police force that is actively pursuing him?

That question, addressed by several councillors Friday, indicates that a continued attempt to conduct business as usual could be a hard fight for a mayor under police scrutiny.

According to Ron Kanter, a Toronto-based municipal lawyer, the mayor’s involvement in decisions about the police budget would not violate the Municipal Conflict of Interest Act, which only governs “pecuniary” conflicts. That term is not precisely defined, but is generally interpreted as being financial in nature, Kanter said.

However, Kanter said the prospect of the mayor weighing in on any police matter under the current circumstances “concerns me a great deal” because it could contravene council’s code of conduct. The code prohibits members from using the influence of office “for any purpose other than for the exercise of … official duties.”

“I would advise the mayor not to speak, vote or participate in any matters dealing with the police, largely to avoid a perception that he would be trying to use his influence improperly,” Kanter said.

The city’s mayor has historically played a key role in negotiating the police budget, a process that has already begun.

Ford also has a hand-picked representative on the Toronto Police Services Board, Councillor Michael Thompson. Amounting to about $1 billion last year, one of the city’s biggest expense categories, the police budget will come before council as part of the broader city budget in December.

Alok Mukherjee, chair of the police board, was out of the country and not available to comment Friday, according to a spokeswoman. Thompson, who is vice-chair, could not be reached for comment.

Councillor Frank Di Giorgio, Ford’s budget chief, said Friday that the police budget will continue to be hammered out regardless of the involvement of the mayor or his brother, Councillor Doug Ford, who sits on the budget committee.

“Whether they are there to vote is not my concern,” said Di Giorgio, a Ford backer. “My concern is that we have a committee capable of voting on the budget — capable of conducting city business.”

But with unanswered questions about the mayor’s associations with an alleged drug dealer — and the revelation that police have the video that appears to show Ford smoking crack cocaine — Councillor Shelley Carroll says Ford can’t be weighing in on police matters.

“If we start to get closer to council (meetings), and we have a mayor still actively evading questioning by police, then the mayor may not be the only one getting a lawyer,” said Carroll, a left-leaning Ford critic who is calling for him to take a leave of absence. “We will all need a lawyer to work that out, because that really does put you in that grey area.”

Det.-Sgt. Gary Giroux, who is leading the Project Brazen 2 investigation, said the offer to come in and speak with police about the investigation “globally,” on a voluntary basis, was offered to the mayor though his chief of staff. Giroux said he has not received a definitive answer from Ford’s office and is not closing that door.

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The mayor did not come to city hall or speak with reporters on Friday.

With files from Jennifer Pagliaro

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