Port Moody Police Board was thrust into the spotlight this week when Coun. Meghan Lahti said she would not continue to serve as its acting chair after Mayor Rob Vagramov abruptly returned from the leave of absence he'd taken to deal with his sexual assault charge.
It was the second controversy for the PMPD board in the last three months.
In June, Marcus Madsen, husband of Coun. Hunter Madsen, was appointed to the board but stepped aside a week later after concerns were raised about the potential for conflicts of interest as the police board is supposed to be independent of council.
And now it has been learned Vagramov was behind the appointment.
City documents obtained via a freedom of information request filed by The Tri-City News show it was Vagramov who recommended Marcus Madsen for an open position on the police board. Vagramov sent the recommendation on Jan. 29 to Port Moody-Coquitlam MLA Rick Glumac, a political ally of both him and Coun. Madsen.
Although the name in the letter is redacted in the documents, Vagramov confirmed his letter recommended Marcus Madsen.
It stated, in part (redacted portions are represented by parentheses): "[He] has been involved in our community ever since moving here, and [his] enthusiasm for the opening shows me that [he] will be a productive board member. [He] would also tick off some of the diversity boxes that the province has been so excited to highlight as a lens through which to assess candidates."
In an interview with The Tri-City News Thursday, Vagramov was unapologetic about recommending Marcus Madsen for the job despite the controversy over potential conflict of interest, saying he would do it again because the Police Act doesn’t explicitly forbid spouses of councillors from serving on police boards and he believes spouses can operate independently.
The Port Moody mayor said he was happy to recommend Marcus Madsen for the post and connected him with Glumac to get the application “pushed up the chain.” He also suggested his political opponents were behind public opposition to the appointment and said Marcus Madsen resigned because his character was being called into question.
“If that was a conflict, it would be stated, it would be in law and it would state you do not qualify,” Vagramov said, adding later, ”If this is a conflict then the law should be changed.”
His view of what happened is not supported by a statement from the Ministry of Public Safety and Solicitor General. A ministry spokesperson wrote in an email Friday to The Tri-City News: "By virtue of their relationship, a police board member that is the spouse of a municipal councillor gives rise to a clear perceived conflict of interest as well as numerous examples of potential actual conflicts of interest. For example, under s. 27(1), the municipal police board must prepare and submit to the municipal council for its approval the police budget.As well, according to the PoMo Police Board governance manual, a police board is a separate and independent body, and is supposed to 'insulate' the department from the political decision-making process, especially around funding."
As well, according to the PoMo Police Board governance manual, “The primary responsibility of the board is to ensure that it provides oversight and direction to the department, in a fashion that is consistent with the Police Act and its fiduciary responsibility to the citizens of Port Moody. The board works with the chief constable and the executive team of the department to develop and approve a strategic plan, an annual plan/budget and objectives, and policies."
For his part, Glumac said Vagramov’s recommendation was just one of a number he receives from the community and he didn’t see anything wrong with it. He told The Tri-City News that he gave information about the application process to Vagramov during a conversation after he received the email.
"I don’t think it is strange," he said. "It is very common for elected officials to recommend community members for board appointments."
Vagramov, who was elected to the top municipal job last October, initially took a paid leave of absence from his duties at city hall as of March 28 after he was charged with sexual assault — a charge he has denied — but, in late June, as council was about to discuss his remuneration, he announced he would no longer be collecting his annual $111,833 salary while the case is before the courts.
Monday morning, Vagramov resumed his duties at city hall, saying because he believes his case will not go to trial, he has more time to devote to the mayor's job.
The job also involves chairing the police board but Vagramov had hoped Lahti would continue as acting chair. But the long-serving councillor told The Tri-City News this week she won’t continue in the acting post while the mayor deals with his legal issues.
A roster of police board members who can fulfill the role was established at the beginning of year, however, enabling continued governance of the board in the absence of the board chair. The board currently has five community members in addition to the board chair, according to its website. Dave Fox is currently filling the role of board chair, with Terry Hawes expected to take over the post in October, according to the roster.
Thursday at court, Vagramov's lawyer, Ian Donaldson, said he was seeking an alternative resolution process that could take place outside the courts. The next court date in Vagramov's case is Nov. 13 at 9:30 a.m. in Port Coquitlam.
UPDATE: This article was updated from the original to add new information from the Ministry of Public Safety and Solicitor General.