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Election disclosure Bylaw nixed

After passing a resolution passed a resolution to have a ‘Disclosure of Campaign Contributions and Expenses’ bylaw prepared and introduced at a future council meeting, they rejected the Bylaw at their regular meeting Monday.

After passing a resolution passed a resolution to have a ‘Disclosure of Campaign Contributions and Expenses’ bylaw prepared and introduced at a future council meeting, they rejected the Bylaw at their regular meeting Monday.

Section 34 of The Local Government Election Act, 2015 allows for the council, by bylaw, 60 days prior to an election, to establish disclosure requirements respecting campaign contributions and expenses and/or establish election campaign spending limits, said Kathy Ritchie – Director of Legislation & Procedures (City Clerk) at Monday’s meeting.

The Bylaw presented for Council consideration would have established a number of new regulations for candidates had it passed including;

• That Candidates are to keep complete and proper accounting records of all campaign contributions and expenses.

• That all Candidates shall complete and file a Disclosure Statement as set out in Schedule A of the Bylaw with the Returning Officer – for a Mayor within four months of the election and for a Councillor within three months of an election.

• That no Candidate shall file a false, misleading or incomplete Disclosure Statement.

• How publication of the Disclosure Statements will be handled.

• That an Administrative Review Officer be designated as the person to investigate complaints under this Bylaw. Note: The City has provisions for an Administrative Review Officer in Bylaw No. 37/2003 “The Yorkton Complaints Investigator Bylaw, 2003” Also, if this proposed Bylaw is approved Council will be required to appoint an Administrative Review Officer at a future meeting of Council.

• The procedures that an Administrative Review Officer will follow in dealing with a complaint as to the processes of the investigation and the decision. (As per Bylaw No. 37/2003). Also to note is that the decision of the Administrative Review Officer shall be final.

• That the Administrative Review Officer may refuse to investigate if the complaint is made more than six months after the date for the filing of the disclosure statement, or the complaint is frivolous, vexatious, trivial or is made in bad faith, or the circumstances of the complaint do not warrant an investigation.

• That in addition to the penalties set out for enforcement, that the candidate who is elected is disqualified from Council and shall resign immediately.

However, the Bylaw died when it came to the vote.

Councillor, Ross Fisher said he didn’t see the need for the bylaw.

“I didn’t spend anything last election,” he said, adding he saw the proposed bylaw as “onerous.”

Coun. Randy Goulden countered “we are an order of government with the same responsibilities as other orders of government.”

As such she said the municipality “should act like an order of government” and enact a campaign disclosure bylaw as a way of being transparent in what it does.

However the motion to pass the proposed Bylaw had only Goulden and Councillor Les Arnelien in favour.

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