B.C. government eyes giving cities tools to remove convicted officials

The B.C. government is looking at providing cities with new options if an elected official commits a serious crime and wants to stay in office, following the five-day gap between Pitt Meadows Coun. Dave Murray's conviction for sexual assault and the announcement of his resignation.

"What happened was not OK," said Minister for Municipal Affairs Selina Robinson.  

"I take it very seriously. Going forward, we'll be talking with the [Union of B.C. Municipalities] to see if we need more tools in order for local governments to deal with these types of situations."

• What can Pitt Meadows councillors do about colleague convicted of sex assault? Not much, says lawyer
• David Murray resigns as Pitt Meadows councillor following sexual assault conviction

Currently in B.C., there's little local governments can do to disqualify an official from council once elected, outside of certain situations around conflicts of interest or failing to attend meetings.

"There are certain provisions in the [Community] Charter that specifically set out where elected officials can be disqualified from office," said Vancouver lawyer Reece Harding, who specializes in municipal law. 

"But having a criminal record is not one of them."

For example, former Port Coquitlam mayor Scott Young was convicted of assault in 2008, but refused to give up his seat, despite three requests from his council. He only left municipal politics after failing to win reelection as a councillor. 

UBCM president Wendy Booth wouldn't directly comment Monday on Robinson's announcement.

'It taints everybody who held office'

Frank Leonard, former mayor of Saanich and former president of the UBCM, said it would be important for the government to find the right balance so that removal provisions aren't abused. 

"What they'll have a challenge doing, is making sure that a council doesn't use this as an opportunity to get rid of someone who's causing them consternation. This isn't a black and white piece of legislation the government will take on, they'll have to be very careful in how they craft it."

Leonard said it was important for the government to address the gap. 

"If someone's actually convicted in a legal process and exhausts appeals, to still be a colleague, it taints everybody who held office .... You want to see a remedy, as do voters."

Emergency meeting held in Pitt Meadows

The government's announcement comes as citizens in Pitt Meadows continue to grapple with the sexual assault conviction of Murray, who didn't speak to his political future in the days after he was found guilty. 

An emergency council meeting was held Monday to allow the public a chance to voice their thoughts on the matter. 

"We want to hear an explanation from the mayor as to why it's taken so long to have accountability, of why someone who's been convicted with a criminal offence has been allowed to be on council," said speaker Kathi Dempsey.

"This should have been been thought out a long time ago. It's offensive to the victim and it's totally offensive to the taxpayers."

Coun. Bill Dingwall acknowledged the city could have done better. 

"I think collectively as a council, we've dropped the ball, and I think that's just terrible," he said. "And I apologize to the community; they expect much more than that from us."

He's hopeful the government can find a solution that will aid municipalities in similar situations in the future. 

"The issues here in Pitt Meadows, while they're at the very edge of the continuum, many, many councils in British Columbia are struggling in terms of toxic environments and dysfunction on their councils. And everyone has been struggling in how do you deal with that." 

With files from Tanya Fletcher and Tina Lovgreen