| How would others have handled Summerland situation? By SUSAN McIVER/Special to The Herald Friday, December 4, 2009 | |
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Penticton’s chief electoral officer said that when unique situations arise in municipal elections she recommends to candidates they seek legal advice.
“I would suggest that if the candidate has any concerns, that they seek legal advice,” Cathy Ingram said in response to a question about what she would do if candidates inquired after an election about how to handle anonymous newspaper advertisements.
“As the electoral officer and a city employee, I am not in a position to give advice because I should be impartial. If a candidate is concerned, I am not the person they should seek advice from.”
The municipal elections section of the Local Government Act is presently under scrutiny in nearby Summerland after the mayor and successful candidates declared receipt of donations totalling thousands of dollars for newspaper advertisement, cards and flyers from anonymous sources.
It is illegal for a candidate to accept an anonymous donation over $50.
A front page opinion piece in last Friday‘s Vancouver Sun suggested Summerland council has no legitimacy because of illegal donations quoting a political scientist at Simon Fraser University, one of the province’s leading authorities on the subject.
An earlier article in the Penticton Herald which reported on questions raised by Herald managing editor James Miller at Summerland council also revealed that the mayor and councillors had declared cash transactions as in-kind donations and had exceeded the $50 limit for each anonymous donation.
A press release from the District of Summerland on Monday stated “In an effort to be open, honest and transparent, and on the advice of the chief election officer, council members included acknowledgment of ads placed by an anonymous party in their campaign financing disclosure statements for the 2008 local government elections.”
Perrino and Coun. Bruce Hallquist have both been quoted stating they followed the advice of the chief electoral officer in Summerland with respect to their financial statements.
Summerland‘s chief electoral officer, Gillian Matthews, had previously acknowledged in an interview with the Herald that she advised members of the current council on their election expenses declaration.
“A number of candidates asked me what to do about anonymous contributions,” she said.
Matthews said she advised the candidates to acknowledge receipt of these donations on their campaign financial disclosure statements because they had derived benefit from them.
Kelowna‘s chief electoral officer, Stephen Fleming said that he provides candidates with information packages that typically contain copies of relevant legislation, the provincial guide to candidates seeking municipal office and information on where candidates can find additional information such as the provincial website.
Fleming did not want to give a speculative answer as to what he might do in such a situation as Matthews found herself.
In general, however, he did say “We don‘t get into interpretation. We do not provide advice in any detail.”
Jeannette Van Vianen, chief electoral officer for Osoyoos, who said she was uncomfortable discussing the topic with a reporter, did say that candidates have three options with regard to questions.
These are contacting their chief electoral officer or the Ministry of Community Services or seeking their own legal advice.
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