Elected officials in British Columbia who are charged with a criminal offence will be put on mandatory paid leave until the charges are resolved, and those convicted of an indictable crime will be immediately disqualified from office under new rules announced Thursday by Nathan Cullen, the Minister of Municipal Affairs.
Cullen said the new rules are a response to resolutions adopted by the Union of BC Municipalities (UBCM) as well as concerns raised by local governments. Some of those stemmed from an affair that clouded the Port Moody political scene through much of 2019.
“While our hope is that mandatory leave and disqualification will not need to be exercised, these amendments will help limit disruption, maintain public confidence and ensure local governments are able to remain focused on serving their communities,” Cullen said in a news release.
The amendments to provincial legislation that proscribes how local government works strike a “balance between fairness and good governance,” added Laurey-Anne Roodenburg, the president of UBCM.
In March, 2019, Port Moody Mayor Rob Vagramov was charged with one count of sexual assault just months after he assumed the office that pays more than $111,000 a year. Council subsequently granted him a paid leave of absence until his legal issue, that stemmed from incident that allegedly occurred in Coquitlam in 2015, was resolved.
In June, 2019, Vagramov said he would no longer take his pay while on leave, just a day before Port Moody council was to conduct a review of his paid leave of absence. Records released by the city showed he had earned more than $26,000 in salary and benefits from the time he was charged to his decision to forgo pay.
Less than three months later, though, Vagramov was back at his desk in city hall, even as his legal case continued to move through provincial court.
Vagramov’s return sparked consternation amongst some councillors.
At an emotionally-charged meeting that October, a majority of them passed a resolution calling for him to step aside.
“I have never felt so upset about what’s happening in our community,” said Coun. Meghan Lahti, wiping away tears. “It’s not about whether you’re guilty or innocent, it’s about the ability of our council to do our job.”
Several residents who packed the Inlet Theatre that night concurred.
“I encourage you to listen to the wind chimes of your conscience,” said one.
New Westminster councillor Mary Trentadue, who was in the gallery, said she “shouldn’t have to sit next to someone” in regional meetings or committees who has been charged with sexual assault.
A day later, Minister of Municipal Affairs and Housing Minister Selina Robinson, who's also the MLA for neighbouring Coquitlam-Maillardville issued a statement expressing hope “the mayor, like any elected official, would consider what is in the best interests of the community as a whole.”
Still Vagramov remained defiant, saying he had to weigh the opinions of people who want him to leave with those who “are extremely mad when an elected mayor steps aside over an accusation.” Ultimately, though, he did decide to resume his leave.
"We need to turn down the dramatics, and focus on the work at hand," he said in a statement.
In November, 2019, the charge against Vagramov was stayed after the Crown said he had successfully completed an alternative measure program that had been negotiated with the victim’s consent. He returned to city hall the same day, claiming to reporters he had been “exonerated.” After public criticism, he dialed back his statement, saying instead he’d been “relieved of the charge.”
Efforts by various media to get the court to release details of the alternative measures were denied.
In 2008, the former mayor of Port Coquitlam, Scott Young, continued to work in his position even as he served 18 months probation after pleading guilty to two counts of assault and breach of recognizance stemming from an incident in April 2007 when he was arrested after assaulting his former girlfriend and her boyfriend.
— with files from Diane Strandberg, Gary McKenna and Janis Cleugh
