Summerland - Update-Alleged Local Government Act contravention
File # 2009-2555 2010-01-11 06:36 PST
The RCMP have completed their review of the recent Local Government Act complaint against Summerland Mayor and Council. Police do not possess statutory authority to investigate the complaint, due to the expiration of the statute of limitation.
The RCMP “E” Division Commercial Crime Section has conducted a review of the recent Local Government Act complaint made to the Summerland RCMP Detachment, which leveled allegations against elected officials and a member of the public.
The complaint filed in mid December 2009, alleged that during the 2008 municipal election, the running Summerland Mayor and a number of members of Council, as well as a private citizen, had contravened sections of the Local Government Act.
The official complaint submitted to Summerland Detachment enumerated 3 complaints:
1.The alleged acceptance by the Mayor and Councilors of anonymous donations in excess of $50 contrary to section 87 of the Act.
2.That there were at least two groups who in appearance, met the definition of campaign organizer, and may have spent more than $500 and yet failed to register or file a financial disclosure form as required by the Act.
3.That advertisements in the Summerland Review and other local newspapers which appeared to have exceeded the $500 threshold requiring campaign organizers to register with the chief electoral officer and file a financial disclosure, were not disclosed.
“Investigators in this case, are statute barred from proceeding any further than reviewing the complaint. In this matter, the limitation of action for instituting any judicial proceedings, (which includes police investigation) has expired by virtue of section 3(2) of the Offence Act BC. The statute of limitation on matters of this nature is a period of six months from the time of the occurrence of the alleged offence.
Although the formal police review of this complaint will end here, it has been conducted in a thorough and properly documented manner, in order to demonstrate the seriousness with which the RCMP views electoral offence allegations and to demonstrate due diligence in the assessment of the complaint.” stated Cpl Dan Moskaluk.
The Provincial Ministry of Community and Rural Development recently announced the creation of a Task Force to “improve the fairness, accountability and transparency of the elections process at the local government level” (media release 2009CD0051-000725 from the Ministry of Community and Rural Development dated 2009-12-04).
See full media release at: news.gov.bc.ca/news_releases_2009-2013/2009CD0051-000725
“While the RCMP is statute barred from investigating this complaint, it is noted that the task force will be seeking feedback from a diverse range of stakeholders and will be inviting input from local governments, representative groups and the public on topics under review”…Cpl Dan Moskaluk
Released by
Cpl. Dan Moskaluk
Media Relations Officer
South East District and North District
170 -395 Penno Road, Kelowna BC V1X-7W5
Office: (250) 491-2300
Cell: (250) 863-7433
Fax: (250) 491-2381
Email: dan.moskaluk@rcmp-grc.gc.ca
http://bc.rcmp.ca/ViewPage.action?siteNodeId=50&languageId=1&contentId=12914&index=3
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