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DATE:February 5, 2021 TO:Chair and Directors, Regional Boar

DATE:February 5, 2021 TO:Chair and Directors, Regional Board FROM:Dave Leitch Chief Administrative Officer
RE:ALLEGED INSIDER INFLUENCE — DIRECTOR ANDERSON FILE: 0360-20
PURPOSE/PROBLEM To consider whether to proceed with an application for disqualification from office for Director Noba Anderson on the basis that she has violated the insider influence restrictions of the Community Charter and Local Government Act. EXECUTIVE SUMMARY At its January 27, 2021 meeting the Board considered the attached report and related documents concerning interactions between Director Anderson and Regional District staff in relation to a subdivision application for property located on Cortes Island that is co-owned by Director Anderson. The Board also considered other email communications between Regional District staff and owners of the above noted property, as well as a statement from Director Anderson's legal counsel, all of which are attached to this report for reference purposes. The above noted documents were provided to the Board to assist in determining whether the Board should proceed with an application to the BC Supreme Court to seek the disqualification of Director Noba Anderson on the basis that she has violated statutory prohibitions against insider influence as described in s.102 of the Community Charter which states: Restrictions on inside influence 102. (1) A council member must not use his or her office to attempt to influence in any way a decision, recommendation or other action to be made or taken (a) at a meeting referred to in section 100(1) [disclosure of conflict] (b) by an officer or an employee of the municipality, or (c) by a delegate under section 154 [delegation of council authority] if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates. (2) A person who contravenes this section is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgement made in good faith. 2003-26-1 03;2003-52-539; 2014-1 9-4. Following the receipt of the submission by Director Anderson's legal counsel the Board elected to refer the matter to the Regional District's legal counsel for an opinion. Since that opinion is anticipated to also involve matters related to a bylaw enforcement action that is linked to the subdivision application it will be provided to the Board's in a closed session prior to consideration of this report. Consequently, this report will only outline the options available to the Board for dealing with the insider influence allegations once the information contained in the opinion letter from the Regional District's legal counsel has been considered.
Option 1: Proceed with an application to disqualify Director Anderson from office on the basis that she has violated the relevant provisions of the Community Charter and Local Government Act. If the Board decides to proceed with such an action it is reminded that the last day to file an application is February 19, 2021.
Option 2: Proceed with a censure motion against Director Anderson for violating s.21 (a) of the Director Code of Conduct with respect to attempting to influence staff in the exercise of their duties. As the Board is aware, this action will require that a process be undertaken similar to the previous censure initiative whereby Director Anderson is entitled to be made aware of the specific allegations and provided a reasonable opportunity to prepare a defense against those allegations.
Option 3: Proceed with some other disciplinary action based on information obtained from legal counsel while in closed session.
Option 4: Take no further action with respect to the matter of Director Anderson's interactions with staff concerning her subdivision application.
Should the Board choose Option 1 (disqualification application) staff will instruct legal counsel to prepare the necessary documentation for a Court filing. If the Board chooses to proceed with Option 2 (censure) a further report will be prepared for the Board's review that examines scheduling options and possible penalties that the Board may wish to consider in the event a censure motion is passed. In the event a different course of action is preferred by the Board (Option 3) the details of that will likely become apparent as discussion progresses.
RECOMMENDATIONS THAT the report from the Chief Administrative Officer be received.

LAST WEEK'S FUN POLL

Do you think the Strathcona Regional District should enforce the bylaws for Cortes Island?

YES The SRD should enforce all the Cortes bylaws. 72%
NO The SRD should only enforce some of the bylaws. 21%

NO People should be able to do anything they like on their own property 7 %