An interesting question has arisen, in the wake of the announcement yesterday that the RCMP are proceeding with criminal code charges against Prince Rupert city councillor Tony Briglio over an alleged incident at Seafest last June.
If an elected official were found guilty of any criminal code charges not directly related to city business, would they still be allowed to serve out their term on council?
While we shall not pre judge the current case set to go before the courts in January and keeping in mind the right of presumed innocence until found guilty, the process of municipal politics makes for an interesting study here.
In Tuesday’s Daily News, Mayor Herb Pond is quoted as saying that the charges do not impact Briglio’s position as a council member, a prudent statement given the above due process expected by all citizens including sitting councillors.
However, later on in the Daily News piece the Mayor offers up an interesting synopsis on municipal civics and the Community Charter.
“The Community Charter gives a lot of credence to the electorate’s choice. Once people have chosen an individual, that’s their choice for three years,” said Pond.
Under the Community Charter, council members can only be disqualified from holding office if an offence for which they have been convicted is somehow related to their duties as a council member, said Pond.
Now that would seem to indicate that no matter what any municipal representative were to do when not representing the city, that they would have no worries about remaining on council able to deliberate on issues, pass bylaws, raise taxes and all those other fun things that the council of six enjoy every second Monday night.
While we applaud the dedication to respecting the electorate and their selection of the "people’s choice", one might think that circumstances could certainly change one day that might give that same electorate cause for concern. The idea that a chosen candidate has a three year term regardless of circumstances or behavior, just doesn’t seem to be a sensible way to run a democracy.
Recent Prince Rupert history has shown that an elected official can be removed from office. Back in the 1990's a recently elected Mayor was seemingly forced from office after losing the respect and cooperation of his council. The late John Kuz, Mayor of Prince Rupert at the time in the early 1990’s, found his time in office steeped in controversy and a bit of mystery. Eventually after a fair amount of high drama, circumstances developed that would see him relinquish his office, having lost the confidence of his council of the day. It made for some tense times at City Hall, in a most a rebellious state over the managerial style of the Mayor at the time.
We have a hazy memory over those tumultuous times, but we don’t believe that criminal charges were ever involved in that scenario, yet the "people’s choice" was not allowed to serve out his term.
We find it hard to believe that a scenario could develop today, that would allow any “people’s choice” to remain in office if convicted of a Criminal Code offense, even if it had nothing to do with the performance of his or her duties on council. The optics of such a situation would surely make for more tense times on Third Avenue and dominate, if not stagnate the state of the city’s business for the remainder of the term.
Likewise we somehow suspect that a concerned and energetic populace would be asking questions rather quickly, if the elected official refused to leave office voluntarily.
The full report was found in Tuesday’s Daily News.
COUNCILLOR IS CHARGED FOR ALLEGED SEAFEST ASSAULT
The Daily News
Tuesday, December 18, 2007
Page one
Prince Rupert city councillor Tony Briglio has been charged with assault, following a six month investigation by the RCMP.
The charges relate to a complaint filed June 10, 2007, after an alleged incident at the beer gardens at the civic centre during the Seafest weekend.
Antonio Briglio has been formally charged with assault contrary to Section 2006 of the Criminal Code of Canada. His first court appearance is scheduled for Jan. 7, 2008. As this matter is presently before the courts, no other information is available.
Under the Criminal Code, a person convicted of the charge could face up to five years in prison.
Briglio, manager of commercial services at Northern Savings Credit Union is currently serving his second term on city council, and is also a director, on the Skeena Queen Charlotte Regional District board on behalf of the city. In addition, he is chair of the Northwest Regional Hospital District.
The charges do not impact Briglio’s position as a council member, said Prince Rupert Mayor Herb Pond.
The Community Charter gives a lot of credence to the electorate’s choice. Once the people have chosen an individual, that’s their choice for three years,” said Pond.
Under the Community Charter, council members can only be disqualified from holding office if an offence for which they have been convicted is somehow related to their duties as a council member, said Pond.
If an elected official were found guilty of any criminal code charges not directly related to city business, would they still be allowed to serve out their term on council?
While we shall not pre judge the current case set to go before the courts in January and keeping in mind the right of presumed innocence until found guilty, the process of municipal politics makes for an interesting study here.
In Tuesday’s Daily News, Mayor Herb Pond is quoted as saying that the charges do not impact Briglio’s position as a council member, a prudent statement given the above due process expected by all citizens including sitting councillors.
However, later on in the Daily News piece the Mayor offers up an interesting synopsis on municipal civics and the Community Charter.
“The Community Charter gives a lot of credence to the electorate’s choice. Once people have chosen an individual, that’s their choice for three years,” said Pond.
Under the Community Charter, council members can only be disqualified from holding office if an offence for which they have been convicted is somehow related to their duties as a council member, said Pond.
Now that would seem to indicate that no matter what any municipal representative were to do when not representing the city, that they would have no worries about remaining on council able to deliberate on issues, pass bylaws, raise taxes and all those other fun things that the council of six enjoy every second Monday night.
While we applaud the dedication to respecting the electorate and their selection of the "people’s choice", one might think that circumstances could certainly change one day that might give that same electorate cause for concern. The idea that a chosen candidate has a three year term regardless of circumstances or behavior, just doesn’t seem to be a sensible way to run a democracy.
Recent Prince Rupert history has shown that an elected official can be removed from office. Back in the 1990's a recently elected Mayor was seemingly forced from office after losing the respect and cooperation of his council. The late John Kuz, Mayor of Prince Rupert at the time in the early 1990’s, found his time in office steeped in controversy and a bit of mystery. Eventually after a fair amount of high drama, circumstances developed that would see him relinquish his office, having lost the confidence of his council of the day. It made for some tense times at City Hall, in a most a rebellious state over the managerial style of the Mayor at the time.
We have a hazy memory over those tumultuous times, but we don’t believe that criminal charges were ever involved in that scenario, yet the "people’s choice" was not allowed to serve out his term.
We find it hard to believe that a scenario could develop today, that would allow any “people’s choice” to remain in office if convicted of a Criminal Code offense, even if it had nothing to do with the performance of his or her duties on council. The optics of such a situation would surely make for more tense times on Third Avenue and dominate, if not stagnate the state of the city’s business for the remainder of the term.
Likewise we somehow suspect that a concerned and energetic populace would be asking questions rather quickly, if the elected official refused to leave office voluntarily.
The full report was found in Tuesday’s Daily News.
COUNCILLOR IS CHARGED FOR ALLEGED SEAFEST ASSAULT
The Daily News
Tuesday, December 18, 2007
Page one
Prince Rupert city councillor Tony Briglio has been charged with assault, following a six month investigation by the RCMP.
The charges relate to a complaint filed June 10, 2007, after an alleged incident at the beer gardens at the civic centre during the Seafest weekend.
Antonio Briglio has been formally charged with assault contrary to Section 2006 of the Criminal Code of Canada. His first court appearance is scheduled for Jan. 7, 2008. As this matter is presently before the courts, no other information is available.
Under the Criminal Code, a person convicted of the charge could face up to five years in prison.
Briglio, manager of commercial services at Northern Savings Credit Union is currently serving his second term on city council, and is also a director, on the Skeena Queen Charlotte Regional District board on behalf of the city. In addition, he is chair of the Northwest Regional Hospital District.
The charges do not impact Briglio’s position as a council member, said Prince Rupert Mayor Herb Pond.
The Community Charter gives a lot of credence to the electorate’s choice. Once the people have chosen an individual, that’s their choice for three years,” said Pond.
Under the Community Charter, council members can only be disqualified from holding office if an offence for which they have been convicted is somehow related to their duties as a council member, said Pond.
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