OLDS — Coun. Mitch 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.
And by not filing in time, he could be forced to resign his seat in the worst-case scenario.
However, Thomson told councillors on July 13 that he paid one fine he owed the Town of Olds as soon as he learned about the problem earlier this month.
He later confirmed he is now reaching out to a lawyer to determine his next steps.
A report on the matter was read into the record during council’s July 13 meeting, then made public and sent to the Alberta Election Commissioner in accordance with provincial legislation.
Under section 147.4(1) of the Local Authorities Election Act (LAEA), all candidates are required to file campaign disclosure statements within 120 days after the byelection.
Five of the seven candidates did so. However, Thomson and fellow Olds resident Darcy Dobush did not.
Dobush could not be reached for comment by press time.
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Under legislation, a candidate who does not file a financial disclosure statement within 120 days (June 18, 2020) after the date of the byelection must pay a $500 late filing fine.
According to the LAEA, a candidate who does not file a campaign disclosure document within 150 days of the byelection could also be required to pay a fine of up to $5,000.
Candidates are required to file a nomination paper and candidates’ acceptance form which includes swearing that they have read election finance and contribution disclosure rules and that they understand them.
After the 150-day period expired on July 3, Dobush and Thomson were each sent a notice by registered mail about the fact they missed those deadlines. Tracking indicates each package was delivered by July 7.
Council was told the candidates have 60 days from the date the report to council was made public.
Within the 60-day period following the date on which the report to council is filed, 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.
Thomson told council that after the byelection was announced last fall, on Nov. 4, 2019, he downloaded a file from the Town of Olds' website called Running For Municipal Office in Alberta, A Candidate’s Guide.
“I followed it to the T and it clearly stated that if my personal campaign was under $10,000 and self-funded, I did not need to complete the declaration,” he said.
Unfortunately Thomson said, he didn’t realize that document which contained election information as of 2017 and the applicable act had been revised in 2018.
“Now that is a gross error on my part because the act did change in 2018 and I did not notice it,” Thomson said.
“So upon realizing the mistake and having it brought to my attention, I have completed the declaration, I have paid the fine and at this point, I am seeking clarity as well on the Elections Act.
“If indeed I am no longer eligible to be a councillor and no longer eligible to run in the next election, I will resign immediately.”
However, Thomson said if the Queen’s Bench judge does allow him to remain on council he’ll stay there.
“I do have 60 days to apply through the Court of Queen’s Bench. But again, I recognize I’m standing on soft ground, shaky ground, and do not mean to cause concern in this space,” he said.
A couple of councillors noted that they too had to follow the rules according to the 2018 act and indicated the onus is on candidates to make sure they read the form carefully and understand all the rules before signing it.
Coun. Mary Anne Overwater expressed concern that due to the COVID-19 pandemic, a Court of Queen’s Bench ruling may not come down for 120 days, let alone 60.
“That’s the court’s prerogative. We can’t change that, unfortunately,” she was told.
Town chief administrative officer Michael Merritt was asked what would happen if Thomson is required to resign, would the candidate who finished second in the byelection take his seat?
By email, he said that would not happen. A byelection could be called, but the next municipal election is scheduled for the fall of 2021 anyway.
"Council may call a byelection if they desire, however (when there are) 18 months before a general election and there is only one vacancy, they do not have to," the email said.
Merritt could not confirm whether the town website contained 2017 election information as Thomson alleged.
“We have no way to know what information Mr. Thomson may be referring to,” he said in the the email.
