I Will Not Step Aside - Skakun
By 250 News
Wednesday, August 19, 2009 12:41 PM
Prince George, B.C. – City Councillor Brian Skakun says he will not step aside from his duties as Councillor while the matter of his alleged breach of the Freedom of Information and Protection of Privacy Act makes its way through the court system.
Skakun is accused of releasing a confidential report to the CBC. The report, commissioned by the City to examine allegations about two employees at the Prince George RCMP detachment, was presented to Mayor and Council in an in camera session in August of 2008. Shortly thereafter the report was published on the CBC’s website.
City Manager Derek Bates says it is the City’s position that the report contained personal and private information “As such , it was subject to the Freedom of Information and Protection of Privacy Act. The Act imposes a duty of confidentiality by law on the City’s officers, employees and directors. We take our responsibility seriously and as the City did not know the source, or sources of the unauthorized disclosure of the report, the City laid a complaint with the North District RCMP.” That complaint launched an investigation that took eleven months to complete and resulted in a charge being laid against Councillor Brian Skakun.
Bates says there is nothing in the Community Charter that would prohibit Councillor Skakun’s participation in Council while the matter is being resolved, however, the City is examining what the possible ramifications would be should Councillor Skakun be convicted.
When asked by Opinion 250 if he would resign if found guilty, Councillor Skakun said “I have no decision on that, I won’t comment.”
While it appears this is the first time an elected municipal official has faced a charge under this Act in B.C, it is not the first time an elected official has faced court action during their term of office. Recent cases include the past Mayor of Port Coquitlam who faced charges of assault. Scott Young took a short sick leave after his arrest, but returned to complete his term of office. Prior to that, the Mayor of Vernon, Sean Harvey resigned in 2005 after admitting he improperly used more than $13,000 from his expense account. He eventually pleaded guilty to fraud and forgery in connection with business dealings while Mayor and was sentenced to a 9 month jail term.
While there is nothing in the Community Charter in B.C. that would require an accused or convicted elected official to step aside or resign, the case is much different in Ontario. In that province, Ottawa Mayor Larry O’Brien was accused of influence peddling. Although found not guilty, Ontario’s Municipal Elections Act would have required O’Brien be removed from office and be prevented from running again in municipal politics for six years had he been found guilty.
Councillor Brian Skakun is expected to make his first court appearance on September 22nd.
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