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

Four staff members at the Okanagan Men’s Centre have tested positive for COVID-19 since Oct. 23, 2020. (Adult and Teen Challenge OMC photo)
Four positive COVID-19 cases at Okanagan Men’s Centre

Those affected are staff and have been in isolation since Oct. 23

Vince Schnabl looks at the view this October from the Gorge, west of Revelstoke. (Photo by Jon Wichett)
There’s 3 times more snow near Revelstoke than usual

According to 54 years of data from Parks Canada for Glacier National Park

Mail in ballot, provincial election 2020. (Liam Harrap/Revelstoke Review)
Mail-in-ballots coming in from Columbia River Revelstoke

In a progress report Elections BC said around 45 per cent of those issued have been returned

Mayor Gary Sulz (centre) cuts the ribbon for the new roundabout. Councillor Jackie Rhind (left) and Councillor Cody Younker (right) are on either side. (Liam Harrap/Revelstoke Review)
Revelstoke’s newest roundabout opens on Victoria Rd.

The project took approximately six months to complete

Revelstoke Drill Hall as it looked July 19, 1970; current home of Trans-Canada Fitness. (Estelle Dickey/Revelstoke Museum and Archives photo 392)
Glimpses of Revelstoke’s past for Oct. 29

Local history straight from the newspaper archives

A woman wears a face mask and plastic gloves while browsing books as a sticker on the floor indicates a one-way direction of travel between shelves of books at the Vancouver Public Library’s central branch, after it and four other branches reopened with limited services, in Vancouver, on Tuesday, July 14, 2020. (THE CANADIAN PRESS/Darryl Dyck)
B.C. reports 234 new COVID cases, 1 death of senior who had attended small birthday party

Roughly 5,700 people are isolating due to being exposed to a confirmed case

Superintendent of the Kelowna RCMP, Kara Triance. (Capital News file)
Non-violent crime, small population contributes to Kelowna’s crime rate spike, says RCMP

Kelowna RCMP is assuring the public the city is a safe place

RCMP. (Phil McLachlan - Black Press Media)
Crime up 31 per cent in Vernon in 2019: Statistics Canada

Increase includes a 45 per cent rise in violent Criminal Code violations

A Tuesday Oct. 27, 2020 apartment fire in Penticton killed two and displaced dozens more. (Brennan Phillips - Western News)
Fatal Penticton apartment fire deemed accidental

The blaze gutted an apartment building on Tuesday morning, killing two people and displacing dozens

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
Interior Health reports seven more COVID-19 cases

Eighty-nine cases remain active, none of whom are currently hospitalized

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Burnaby RCMP responded to a dine-and-dash suspect who fell through a ceiling in March 2020. (RCMP handout)
VIDEO: Suspected dine-and-dasher falls through ceiling of Burnaby restaurant

A woman believed to be dashing on her restaurant bill fell through the kitchen ceiling

This Photoshopped version of the crosswalks near the entrance to the Salmon Arm Arts Centre on Hudson Avenue show what is proposed to help create safety for and show inclusivity to the LGBTQ2S+ community. (Salmon Arm Arts Centre image)
Tri-rainbow crosswalk and Progress flag requested to help make Salmon Arm safe

Council will consider budget requests to help make city inclusive to LBGTQ2S+ community

A can of Canada Dry Ginger Ale is shown in Toronto on Thursday Oct. 29, 2020. The maker of Canada Dry Ginger Ale has agreed to pay over $200,000 to settle a class-action lawsuit launched by a B.C. man who alleged he was misled by marketing suggesting the soda had medicinal benefits. THE CANADIAN PRESS/Joseph O’Connal
B.C. man’s lawsuit over marketing of Canada Dry ginger ale settled for $200K

Soda’s maker, Canada Dry Mott’s Inc., denied the allegations and any liability

Most Read