As Paul Willcocks notes in his column "Taming wild muncipal elections" there is a need for new election rules for local government elections. And a need for spending limits. 
Sunday, December 13, 2009
Friday, December 11, 2009
"Citizens ask RCMP to investigate Summerland election donations" - Vancouver Sun Dec 11, 2009
Citizens ask RCMP to investigate Summerland election donations
Fifteen citizens have asked the RCMP to investigate whether the Summerland mayor and city councillors breached the Local Government Act by accepting anonymous donations of newspaper advertising, pamphlets and cards during the 2008 election.
Under the act, it is illegal to both give and receive anonymous contributions valued at more than $50.
The penalty for candidates is disqualification from holding office and from running again until after the next general election. The penalty for donors is disqualification from participating until after the next general election.
Everyone on Summerland council, including Mayor Janice Perrino, claimed at least one anonymous donation worth more than $50 in financial disclosures filed last March. If the complaints are upheld in court, a new election could be ordered.
In a thick packet delivered Thursday, the citizens also asked RCMP to investigate who was behind newspaper ads that -- among other things --accused slow-growth advocates of being anti-family.
They noted that no groups or individuals registered as either elector organizers or campaign organizations, as the act requires, and none filed the required financial disclosures.
Frank Martens is one of the 15 citizens. He called the whole election "a farce" with no attempt by the council members to disclose who was funding their campaign, even though they all seemed to know how much the ads, pamphlets and cards were worth.
But Martens said, "I don't expect anything to happen. Look what happened in Central Saanich."
He might well have added Langley and West Vancouver. In all three, individuals have complained to police because strangely, the act leaves it up to citizens to enforce the election rules.
RCMP investigations in Langley and Central Saanich concluded. In Central Saanich, RCMP recommended 19 charges be laid. But the attorney-general's criminal justice branch decided against it, saying there was not a substantial likelihood of conviction and it was not in the public interest.
No charges were recommended in Langley, where among other things, two B.C. cabinet ministers endorsed a slate of candidates.
Insp. Lesley Bain wrote the complainant in June saying: "The RCMP has been assured that Crown counsel and the ministry of community and rural development are aware of the difficulties that have arisen in the 2008 municipal elections and are considering options that will ensure a better awareness and application of the law in the next local election."
Bain also noted that a senior member of the commercial crime section had been asked to prepare a report outlining some of the issues identified with the act during the course of the investigation.
(The B.C. government recently appointed a task force that has until May 30, 2010 to recommend changes aimed at improving the "fairness, accountability, transparency and public participation" in local government elections.)
But it's the West Vancouver complaint that most closely resembles the one in Summerland. West Vancouver Police investigated Low Tax, Low Growth, which ran four ads endorsing a slate of candidates. It never registered as an elector organization or campaign organizer or filed a financial statement. No one knows who was behind it, including Coun. Michael Lewis, who received an endorsement.
Unlike the Summerland candidates, Lewis did not list the anonymous endorsement in his financial disclosure. Instead, he immediately went to the media to dissociate himself from the ad and after the election, he and campaign manager, David Marley went to police.
West Vancouver Police investigated and recommended charges. Again, the Crown prosecutor refused to go ahead. Lewis and Marley have asked Attorney-General Mike de Jong to review the decision.
No one has yet admitted being behind the shadowy group, unlike what happened in Summerland. There, Penticton businessman Mark Ziebarth sent out a letter last week saying he was the only person behind Citizens for Smart Governance, which ran four ads in the Summerland Review and one in the Penticton Herald endorsing Mayor Perrino and the successful council candidates.
"In order to have some fun at the expense of the antediluvian Smart Growth crowd, I named myself Citizens for Smart Governance and published my ads under that banner," Ziebarth said in a letter to the editor published in the Review.
In a subsequent radio interview (http://tiny.cc/VIEID), Ziebarth said that, as an American, spending $2,000 on endorsement ads was the only way he could participate and influence the election's outcome.
Asked why he didn't do it under his own name, Ziebarth replied: "I wanted to see if it would get a rise out of people and apparently it did."
Named Penticton's business leader of the year in 2007, Ziebarth was active in U.S. politics before moving to Canada.
According to AllBusiness.com, Ziebarth spent five years as a fundraiser for the conservative Heritage Foundation before moving on to publish business and political newsletters. His company, Bonegarde Media, publishes training and education material for businesses and is Penticton's fourth largest employer.
Only a few days earlier, the District of Summerland issued a press release saying that "in an effort to be open, honest and transparent" council members disclosed the value of the ads placed by an anonymous party. It went on to say that council members "advise [that] these anonymous ads were placed by a third party without their knowledge, involvement or consent."
Yet two councillors --Gordon Clark and Bruce Hallquist -- wrote on their disclosures that the donors were anonymous "for reasons of privacy."
Martens is probably right that nothing will happen. But he is right that municipal elections have become a farce in this province because there is no proper oversight, no proper enforcement and no regard for a process that's at the root of democracy.
Subscribe to Daphne Bramham's newsfeed at: http://tinyurl.com/bramhamnewsfeed or look for her stories at http://tinyurl.com/bramhamindex
© Copyright (c) The Vancouver Sun
"Summerland residents make official RCMP complaint on election" - Penticton Herald Dec 11, 2009
"Summerland residents make official RCMP complaint on election"
by Susan McIver - Special to the Penticton Herald
December 11, 2009
A group of Summerland residents formally requested the RCMP conduct an investigation into the controversy facing Summerland mayor and council over financial disclosures from the 2008 municipal elections.
The official complaint to the RCMP was submitted over the signatures of 15 residents.
“None of the signatories were former candidates in the last municipal election or their spouses,” said Frank Martens, who delivered the complaint early Friday morning.
The complaint was accompanied by a dossier of supporting material.
Peter Waterman, who assisted Martens in delivery of the complaint, felt compelled to help the group because of the importance of upholding the principles of democratic elections, especially knowing who is financially behind each candidate.
“I had two uncles who died defending democracy and a father who was shot down twice and paid for his effort the rest of his life. So elections and democratic freedoms are serious issues for me,” said Waterman, a former councillor who ran unsuccessfully for mayor in 2008.
In the official complaint, group members say they are particularly concerned about the alleged acceptance of the mayor and councillors of anonymous donations in excess of $50 contrary to section 87 of the local government act.
The Summerland mayor and all six councillors admitted in their campaign financing disclosure statements that they took donations from anonymous sources that exceeded the legal threshold.
The Summerland residents are also concerned about the two groups, perhaps more, which promoted candidates and view points in the 2008 municipal elections and spent more than $500 doing so.
Individuals or groups spending more than $500 are legally required to register with the local chief elector officer.
“I welcome it (the RCMP investigation) frankly. Let‘s clarify exactly what‘s happened and I stand by all of my comments,” said Coun. Ken Roberge when contacted by The Herald.
Roberge said in hindsight he wishes his name hadn‘t been included in advertisements endorsing seven of the candidates. He had topped the polls in three of six elections but finished sixth in 2008 and believes the anonymous ads hurt him in the long run.
He said he doesn’t know Mark Ziebarth, who only recently admitted he was behind the Citizens for Smart Governance ads that ran in local newspapers for several weeks before the election in support of the current mayor and councillors.
Coun. Gordon Clark said he has no comment at the moment but stated he doesn’t think that the RCMP has any jurisdiction in the matter and that court action would have been a more appropriate action.
“I‘m absolutely fine with it and very pleased to have an opportunity to clear my name on this,” Mayor Janice Perrino said, Thursday.
Previously Perrino claimed that questions over the candidates‘ financials were part of a smear campaign.
Patrick Smith, a political science professor at Simon Fraser University said that by not publicly disassociating themselves from the anonymous ads, council members had placed themselves in a position of conflict.
By comparison, faced with endorsement by an anonymous group, Vivian Vaughan, an unsuccessful mayoralty candidate in West Vancouver, publicly disassociated herself form the group during the campaign.
The official complaint to the RCMP was submitted over the signatures of 15 residents.
“None of the signatories were former candidates in the last municipal election or their spouses,” said Frank Martens, who delivered the complaint early Friday morning.
The complaint was accompanied by a dossier of supporting material.
Peter Waterman, who assisted Martens in delivery of the complaint, felt compelled to help the group because of the importance of upholding the principles of democratic elections, especially knowing who is financially behind each candidate.
“I had two uncles who died defending democracy and a father who was shot down twice and paid for his effort the rest of his life. So elections and democratic freedoms are serious issues for me,” said Waterman, a former councillor who ran unsuccessfully for mayor in 2008.
In the official complaint, group members say they are particularly concerned about the alleged acceptance of the mayor and councillors of anonymous donations in excess of $50 contrary to section 87 of the local government act.
The Summerland mayor and all six councillors admitted in their campaign financing disclosure statements that they took donations from anonymous sources that exceeded the legal threshold.
The Summerland residents are also concerned about the two groups, perhaps more, which promoted candidates and view points in the 2008 municipal elections and spent more than $500 doing so.
Individuals or groups spending more than $500 are legally required to register with the local chief elector officer.
“I welcome it (the RCMP investigation) frankly. Let‘s clarify exactly what‘s happened and I stand by all of my comments,” said Coun. Ken Roberge when contacted by The Herald.
Roberge said in hindsight he wishes his name hadn‘t been included in advertisements endorsing seven of the candidates. He had topped the polls in three of six elections but finished sixth in 2008 and believes the anonymous ads hurt him in the long run.
He said he doesn’t know Mark Ziebarth, who only recently admitted he was behind the Citizens for Smart Governance ads that ran in local newspapers for several weeks before the election in support of the current mayor and councillors.
Coun. Gordon Clark said he has no comment at the moment but stated he doesn’t think that the RCMP has any jurisdiction in the matter and that court action would have been a more appropriate action.
“I‘m absolutely fine with it and very pleased to have an opportunity to clear my name on this,” Mayor Janice Perrino said, Thursday.
Previously Perrino claimed that questions over the candidates‘ financials were part of a smear campaign.
Patrick Smith, a political science professor at Simon Fraser University said that by not publicly disassociating themselves from the anonymous ads, council members had placed themselves in a position of conflict.
By comparison, faced with endorsement by an anonymous group, Vivian Vaughan, an unsuccessful mayoralty candidate in West Vancouver, publicly disassociated herself form the group during the campaign.
Wednesday, December 9, 2009
Task Force members
Task Force members
Harry Nyce
UBCM President
Union of BC Municipalities
Suite 60 10551 Shellbridge Way
Richmond, B.C. V6X 2W9
Phone: 604-270-8226
Fax: 604-270-9116
Hon. Bill Bennett
Minister of Community and Rural Development
PO Box 9056
STN PROV GOVT
Victoria, B.C. V8W 9E2
Phone: 250-387-2283
Fax: 250-387-4312
Douglas Horne, MLA for Coquitlam-Burke Mountain
East Annex
Parliament Buildings
Victoria, BC
V8V 1X4
Phone: 250-953-4611
Fax: 250-387-9106
Toll free: 1-800-691-9158
Donna Barnett, MLA for Cariboo-Chilotin
East Annex
Parliament Buildings
Victoria, BC
V8V 1X4
Phone: 250-387-3820
Fax: 250-356-5471
donna.barnett.mla@leg.bc.ca
Quesnel Mayor Mary Sjostrom and Surrey Councillor Barbara Steele are both UBCM vice presidents and can be contacted through UBCM or
Mayor Sjostrom
City of Quesnel
410 Kinchant Street
Quesnel B.C.
V2J 7J5
Quesnetl City Hall phone: 250-991-7477
Councillor Barbara Steele (City of Surrey)
Office Phone : 604-591-4623
Office Fax: 604-591-4481
Others MLA’s you may wish to contact: http://www.leg.bc.ca/
Premier Gordon Campbell
Room 156 Parliament Buildings
Victoria, B.C. V8V 1X4
Phone: 250-387-1715
Fax: 250-387-0087
Penticton MLA
Hon. Bill Barisoff
Constituency office
210-300 Riverside Drive
Penticton, B.C. V2A 9C9
Scott Fraser, MLA for Alberni-Pacific Rim and Opposition critic for Ministry of Community and Rural Development
Room 201 Parliament Buildings
Victoria, B.C. V8V 1X4
Phone: 250-387-3655
Fax: 250-387-4680
The British Columbia Legislative Assembly website is: http://www.leg.bc.ca/
"Cleaning up local elections" - Times Colonist editorial - Dec 8, 2009
Cleaning up local elections
TIMES COLONIST (Victoria, B.C.) DECEMBER 8, 2009
The B.C. Liberals have a tight grip on a task force charged with cleaning up municipal campaign spending and reducing the risk of corruption. Community Minister Bill Bennett will co-chair the task force, promised by Premier Gordon Campbell at the Union of B.C. Municipalities convention in October.
Bennett described municipal elections as "a bit of the Wild West." There are no limits on donations or campaign spending. Donations to candidates over $50 must be reported, but interest groups can spend as much as they like to support candidates without disclosure. Even when the few rules are broken, enforcement is non-existent.
It is a formula for special-interest influence and a loss of public confidence in government.
Given the low turnout in municipal elections and the importance of name recognition, a well-funded interest group could easily put loyalists on council. Third-party campaigns could mean the source of the funds would never be disclosed.
The issues that councils deal with justify the investment. A public sector union could ensure the election of candidates willing to provide big raises; a developer could stack a council with people ready to comply with rezoning requests. Those who rebel could be denied the funding needed to win the next campaign.
Campbell promised the task force would report by May 30, 2010, on ways to improve "fairness, accountability, transparency and public participation." Changes to election laws would be in place for the 2011 municipal elections.
The task force is welcome. But the composition is disappointing. Bennett will co-chair the group with UBCM president Harry Nyce. Two UBCM vice-presidents -- Surrey Coun. Barbara Steele, a Liberal candidate in 2005, and Quesnel Mayor Mary Sjostrom will be joined by Liberal MLAs Douglas Horne of Coquitlam and Donna Barnett of the Cariboo-Chilicotin riding.
There was a chance to reach out more widely by including non-Liberal MLAs -- either a New Democrat or independent Vicki Huntington -- community leaders, political scientists or average citizens.
The approach raises a realistic concern that the task force starts with a bias that will limit its effectiveness.
Municipal politicians are looking for reforms that include limits on campaign spending and on donations. A survey of 38 B.C. mayors done before the UBCM meeting found 82 per cent supported those measures.
But Campbell has repeatedly rejected calls for limits on contributions to provincial political campaigns. Unions, corporations and individuals should be free to make unlimited donations, as long as the amounts are disclosed after the election, he says. People can then look at the hundreds of pages of contribution reports and watch politicians for the next four years to make sure big donors don't get special treatment.
The argument fails a critical test. Even the appearance that big donations buy special treatment undermines democracy. That's why Manitoba and Quebec have banned union and corporate donations. Ontario allows them, but limits all donations to $15,500 per year (and an extra $15,500 for an election campaign). The federal government has banned corporate and union donations and limited individual donations to $1,000.
The concern is that Liberal MLAs on the task force will be reluctant to accept donation limits in municipal elections when the premier has ruled them out provincially.
The task force has an important job. Its consultations should be broad and guided by the public.
© Copyright (c) The Victoria Times Colonist
Saturday, December 5, 2009
Endorsement ads came as surprise, says Summerland Mayor - Okanagan Saturday - Dec 5, 2009
Endorsement ads came as surprise, says Summerland mayor
Susan McIver -special to the Okanagan Saturday
December 05, 2009
A scheduled telephone interview with Janice Perrino ended abruptly when the Summerland mayor refused to answer further questions about the controversy facing her council over financial disclosures from the 2008 municipal election.
“I‘d like to tell you my story,” Perrino said in her first interview with the Okanagan Valley Newspaper Group since the meeting of Nov. 9 when Penticton Herald managing editor James Miller questioned council on the disclosures. (She had been at home since early November, recovering from surgery.)
It was revealed that the mayor and councillors had declared cash transactions as in-kind campaign contributions and had exceeded the $50 limit for each anonymous donation.
On Nov. 27, a front-page opinion piece in the Vancouver Sun suggested Summerland council has no legitimacy because of illegal donations during the 2008 campaign.
Absolute shock was how Perrino described her reaction to learning of the questioning over election expenses.
She said that in an attempt to be as open and transparent as possible, and on the advice of the municipality‘s chief electoral officer, she had listed anything of benefit to her campaign.
“We did not try to hide anything. We now realize that we were under no obligation to do so (list the anonymous advertisements),” Perrino said.
During the campaign, a series of advertisements endorsing the current council members appeared in local newspapers, sponsored by a group calling itself Citizens for Smart Governance. Local businessman Mark Ziebarth has since taken credit for the ads.
Perrino claimed that as soon as the ads from Citizens for Smart Governance appeared during the campaign, she contacted the Penticton Herald to find out who had placed them.
The only ad sponsored by Smart Governance in the Herald ran on Nov. 14, the day before the elections.
Ads by the same group began to appear in the Summerland Review on Oct. 23.
Perrino said that after the election, she contacted the Summerland Review and the Herald.
Representatives of both newspapers would not say who had paid for the ads.
“It is the policy of the Penticton Herald to respect client confidentially by not releasing the names of individuals who paid for a particular advertisement,” said Andre Martin, general manager of the Herald.
Martin suspects the policy would be identical at most daily newspapers throughout Canada.
Perrino wants the provincial task force recently appointed to review municipal election laws to address whether newspapers should be allowed to take advertisements supporting candidates without their approval.
Patrick Smith, a political science professor at Simon Fraser University, told CBC Radio that by not publicly disassociating themselves from the anonymous ads, council members had placed themselves in a position of conflict.
Perrino‘s response in this interview was, “These were third-party ads done by other people. I did not take cash donations. I asked, specifically, the Penticton Herald who placed the ads, and they would not tell me.”
When asked about Coun. Sam Elia having identified Ziebarth as a donor, Perrino said, “I was not prepared to put down a name until I knew that was the name the Penticton Herald had. And all you and Mr. Miller had to do was to walk down to the classified department and to ask who placed the ad.”
The Herald‘s client confidentiality policy covers inquiries from the editorial department as well as the general public.
Perrino asked why no one from the Herald had contacted her until early this week. However, she would not say why no council member had responded publicly to Miller‘s questions until the Vancouver Sun article appeared more than two weeks later.
“I beg your pardon. The article (in the Nov. 11 Herald) was quite derogatory, and it is very clear that you‘re into a smear campaign. . . . I‘m done with this interview!” Perrino said.
Perrino is expected to be back in the mayor‘s chair for council‘s next regularly scheduled meeting on Dec. 14.
http://www.pentictonherald.ca/top_story.php?id=228864&type=Local
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