Elected Official Disqualification

Year
2018
Category
Legislative
NCLGA Ref#
B27

Details

WHEREAS there is no provision in BC legislation for disqualification from local government office, or mechanism for recall, in the event that an elected official is convicted of a serious criminal offense:

THEREFORE BE IT RESOLVED that NCLGA and UBCM lobby the provincial government to implement legislation to require that an elected local government official be disqualified from office upon conviction of a serious criminal offense;

AND BE IT FURTHER RESOLVED that an elected local government official be required to take a paid leave of absence from office upon Crown approval of charges until the court process is complete.

 

Responses

UBCM Comments: The UBCM membership endorsed 2003-B57, which requested amendments to the Local Government Act and the Community Charter to include the following disqualification provisions:

An elected official is immediately disqualified from continuing to hold office:

•   On conviction of an indictable offence; or

•   On conviction of a criminal offence against the local government to which he or she is elected to serve.

In its response the Province stated in part: “With respect to indictable offenses, the legislation prevents those who have not completed the sentence for an indictable offence - unless the person is released on probation or parole and is not in custody - from running for or continuing to hold local government office.”

Prior to the 2003 resolution members also endorsed 1996-A5 which also advocated a legislative change so that a person would be disqualified from holding local government office if he or she had been convicted of an indictable offence.

The membership has no policy on whether elected local government official should be required to take a paid leave of absence from office upon Crown approval of charges until the court process is complete.

North Central Local Government Association