OLDS — A town councillor who could lose his seat because he missed a deadline to file some byelection paperwork, says he’s sought help from a lawyer to plead his case.
But Mitch Thomson says so far, he doesn’t see the need to resign his seat.
The matter first arose July 13 when Town of Olds officials issued a news release about the matter.
Thomson missed both a 120-day and a 150-day deadline to file financial disclosure documents related to the Jan. 20 byelection, which he won.
By not filing in time, under the worst case scenario, he could be forced to resign his seat, according to provincial legislation.
Thomson told councillors on July 13 that he paid the fine he owed the Town of Olds as soon as he learned about the problem.
Council was told the candidates have 60 days from the date the report to council was made public.
Within that period, a candidate can apply to the Court of Queen's Bench for “relief.”
Also, once the report has been heard by council, a candidate who has been ordered by the court to file a campaign financial disclosure statement is disqualified from being nominated for election “for the applicable period of time prescribed in that section.”
According to the Municipal Government Act, if that candidate is currently serving on council, as Thomson currently is, the councillor is “disqualified from council and must resign immediately,” the report said.
The matter rose again during council’s Aug. 24 meeting.
Thomson was asked by a couple of councillors if he had met with a lawyer regarding the matter.
He was also asked if it’s determined that he is not eligible to run in the next election whether he would “resign immediately.”
“I have met with a lawyer, yes, and he submitted an application on my behalf and at this point, I don’t think that’s required,” Thomson said.
“I would imagine that’s what’s determined in the application,” mayor Michael Muzychka said.
“That’s correct,” Thomson replied.
“When there’s a ruling by a judge then we go from there,” Muzychka said.
Meanwhile, according to a report in the Aug. 24 council agenda, Darcy Dobush, the only other byelection candidate to have missed the deadline, provided his paperwork and paid the $500 late filing fee on July 24.
Council was also told that, in accordance with the Local Alberta Elections Act, a report on the byelection was submitted on July 16 to the commissioner for elections in Alberta and that on July 20, Marcie McKinnon, the town's legislative clerk, "communicated with and provided information to the investigator from Elections Alberta."
Coun. Wanda Blatz asked if that investigation had been completed yet.
McKinnon said she had not yet received a report back.
