Court claim accuses B.C. mayor and council of conflict of interest with developers

Court claim accuses B.C. mayor and council of conflict of interest with developers

A group of voters claim conflict of interests should see them removed from office

A group of voters will ask a B.C. Supreme Court judge to remove Langley Township’s mayor and two sitting councillors from office over conflict of interest claims.

The petition to the court was filed Dec. 13 and names Mayor Jack Froese, Councillors Blair Whitmarsh and Bob Long, and former councillor Angie Quaale.

At issue are controversial donations made by senior employees of a number of B.C. development companies during the 2018 municipal elections.

All the candidates received money from employees for at least one, and in some cases several developers, which had projects that were under consideration for rezoning and development permits before council when the donations were made.

The information was revealed in an anonymously-authored report released earlier this year and publicized by former mayor Rick Green.

According to the petition to the court, Froese, Whitmarsh, Quaale and Long “failed to disclose a directed or indirect pecuniary conflict of interest” contrary to the Community Charter.

It asks for an order that the mayor and councillors be disqualified from holding public office until the next election.

Froese said that he couldn’t say much as the matter is before the courts.

“We will be seeking legal counsel,” Froese said.

Long said he hasn’t been able to fully consider a course of action.

“However I will state that I stand firmly on my record as a seven term councillor, sworn to uphold the honour of the position which I do with the highest level of integrity,” Long said.

He said his decisions at the council table are based on community consideration, planning principles, fairness, and common sense.

The Township declined to issue a formal comment beyond noting that the matter is before the courts.

“The issue is not whether there was actually a quid pro quo between the developers and certain members of Council,” John Allan, one of the voters who launched the petition said in a press release. “It is about the appearance of fair dealing, and ensuring that the citizens of Langley can have confidence in an elected local government that is free from undue influence.”

READ MORE: Developer donations still coming in Langley Township despite rule change

READ MORE: Langley Township tackles donation controversy

There were two issues with the donations.

First, under rules that came into effect for the last civic elections, corporations and unions were barred from making donations to political campaigns. But there was no way to ban multiple senior staff members at a single company from making donations, up to the maximum of $1,200 per person.

Second, many of the donations were given while companies such as Vesta, Mitchell Group, Beedie Group, Polygon, and others were in the midst of rezoning applications for housing developments. Some donations came days or weeks before or after significant votes.

All the politicians involved denied that the donations had any impact on their decision making, and a lawyer for the Township, Don Lidstone, issued a legal opinion on the matter.

“In my opinion, unless there is direct evidence linking the campaign contribution to the council member’s vote… it is unlikely a court would find they had a pecuniary conflict of interest with respect to the matter.”

However, both the current petition to the court and the earlier anonymous report reference another opinion by Lidstone, this one dated to 2016, in which he said. “There could be a conflict if… the development was in-stream at the time of the election, or if the developer made a contribution after the rezoning application was made.”

None of the allegations in the petition have been tested in court.

Like us on Facebook and follow us on Twitter

City CouncilCourtLangleyLangley Townshipmunicipal politics

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

COVID-19. (Image courtesy CDC)
47 new COVID-19 cases in Interior Health region

1,538 total cases, 399 are active, ten in hospital

Employees at The Bargain! Shop pose with Santa at last year’s toy drive. There will be no photos with Santa this year to keep him healthy for Christmas, but the toy drive will be back for a fourth year. (Claire Palmer photo)
Fourth annual toy drive fundraiser underway

The Bargain! Shop is looking to raise $5,000 locally

Friends with Dorothy opens in Victoria.
LGBT2Q+ lounge Friends with Dorothy opens second location in Victoria

The Kelowna-based lounge plans to open in Victoria mid-December

COVID-19. (Image courtesy CDC)
Interior Health reports 65 new cases of COVID-19

Province-wide, there are 887 new cases of the virus

Exact numbers are not known for active cases in Golden. (File photo)
No cluster in Golden, according to Interior Health

Despite positive cases in the community, no cluster or outbreak has been declared by Interior Health

Mary Cox and Jack Plant dance in their pyjamas and slippers at the morning pyjama dance during the Rhythm Reelers’ 25 Annual Rally in the Valley Square Dance Festival in Chilliwack on June 4, 2011. Sunday, Nov. 29, 2020 is Square Dancing Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Nov. 29 to Dec. 5

Square Dancing Day, Disability Day and International Ninja Day are all coming up this week

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

RCMP. (Phil McLachlan - Black Press Media)
RCMP issue warning after woman assaulted while walking in Kelowna

On Saturday, the unknown man ran up and grabbed her in an inappropriate manner before fleeing

Kevin Bieksa during his days playing with the Vancouver Canucks. (Photo: commons.wikimedia.org)
Bieksa to guest on free Canucks Alumni ‘Hot Stove’ on Zoom app

Former NHL player has become a game analyst on Sportsnet

A West Cabs driver is being investigated for an incident which allegedly took place this week. (West Cabs)
West Kelowna cab driver under investigation after altercation over his lack of mask

Passenger alleges cab driver became confrontational when asked about wearing mask

Supt. Brian Hunter will be presenting first quarter RCMP stats to Penticton city council, tomorrow (April 21). (Phil McLachlan - Western News - File)
South Okanagan RCMP superintendent wants to set up dedicated prolific offender task force

Supt. Brian Hunter plans to use the additional officers city council approved for the force

(Pixabay)
‘We need to be empathetic’; Kelowna support worker speaks out after disabled individual denied haircut

Individual with severe autism denied service at a Kelowna hair salon for not wearing mask

Parents are urged to be on alert after a potential child abduction attempt took place near Armstrong Elementary School Friday, Nov. 27, 2020. (amsas/neden photo)
Possible child abduction attempt at North Okanagan elementary school prompts warning

A letter from the school’s principal urges parents to be on high alert

British Columbia provincial health officer Dr. Bonnie Henry wears a face mask as she views the Murals of Gratitude exhibition in Vancouver, on Friday, July 3, 2020. THE CANADIAN PRESS/Darryl Dyck
COLUMN: Anti-maskers’ message misses the mark

Following COVID-19 restrictions now could determine just how happy our holidays are

Most Read