comments by Don DeGagne, Summerland CAO

It is not my intention to become embroiled in a political debate as that is not my role. However, as the Chief Administrative Officer of the District of Summerland, when the media and others are suggesting that the political leadership of this community is not legitimate, I feel I need to speak up. While I am not in a position to defend the individual actions of the council members, I feel it is my role to bring forth information to the general public in defense of the integrity of the corporation and the reputation of the community.

Accordingly, last week I worked with the Corporate Officer to clarify the situation through a media release, based on the facts at our disposal. That media release clarified the law with respect to potential disqualification of council members as it relates to disclosure of election expenses. It concluded that based on the information provided, there was no basis for disqualification and therefore, the Council was a valid duly elected governing body.

Subsequent to that I was contacted by Don Lidstone, QC, a prominent municipal lawyer who has worked to promote and defend local government in Canada for over 30 years. He indicated to me that he was very interested in the allegations that Council was not legitimate and wished to learn more about the situation. After providing Mr. Lidstone with the information at hand, he indicated it was unlikely a case for disqualification could be established and he was very concerned that Summerland's good name could be tarnished by unsubstantiated allegations in the media. He then indicated that he would further consider the matter and if appropriate, he would write a letter of opinion to the media outlets involved in an attempt clarify the status of the Summerland Council. He clarified that he would be doing so as a concerned citizen and there would be no cost to the municipality.

I have made copies of Mr. Lidstone's letter to the media and the public. I will not get into the legal details but, Mr. Lidstone's conclusion is clear and I quote;

"In my opinion, the allegations are inaccurate and are legally unsubstantiated. Even if it

could be proved that Council members contravened the campaign finance provisions of

the Local Government Act ("LGA"), and I do not think they contravened the Act, in my

opinion the Council members would be able to establish that they exercised due

diligence, which is a complete answer and defence under the statute."

This opinion by Mr. Lidstone makes it very clear that this Council is a legitimate governing body for the District of Summerland and I think it is very important for the public to know that. That is why I bring this to your attention.

Don H. DeGagne, CAO

posted on District of Summerland website - www.summerland.ca

http://www.summerland.ca/newsitempopup.aspx?ID=352