Summerland municipal campaign financial irregularities

realagen
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Re: Summerland municipal campaign financial irregularities

Post by realagen »

The problem with “forgetfulness” over a period of time has been with us since time immemorial. That is the reason for needing so many laws to govern us from birth till long after death. One can only hope that the voters of Summerland (and everywhere else in the country) will not forget the perceived transgressions of Mayor, Council, Ziebarth and anyone else involved in this fiasco. Far too many take this as a laughing matter. And if we don’t get more definitive legislation in place it will continue to be a big joke. As far as I personally see it, there was a crime committed. Why is a statute of limitations placed on this particular act while bank robbery, mail fraud, tax evasion, etc., can be examined long after the fact? A bank robber will still be charged for robbing a bank years after the act. Why shouldn’t a Councillor be charged for accepting a bribe (and I don’t think this case is any different) even years after he/she is out of office? The use of the “Statute of Limitations” in this case by the RCMP was a blatant disregard to the seriousness of the “crime” committed. If you look at the LGA, it refers in one place to what should happen in the case of a conviction--a hefty fine, disqualification of votes, future disqualification in running for election. As someone suggested, the rules are there (but they could definitely use some tweaking): however, We need a body to enforce them more diligently.
RandyDandy
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Re: Summerland municipal campaign financial irregularities

Post by RandyDandy »

Some thoughts on recent posts & developments. I think we are still deeply indebted to James Miller and Susan McIvor for the time and effort they have lent to this story. Dog knows we have not and will never have that kind of press in our local rag. Insofar as there has been nothing much lately is simply that what else is there to do(?)at this point and there is no new information. Few would argue that the magnificent 7 broke the rules, and got away with it because of the limitations statute. Rah. Kind of like Harper proroguing parliament or Campbell clawing back funding for non-profit societies. What can you do? Wait until the next election and just hope that enough people remember. The limitations statute absolves the magnificent 7 of nothing and the fact that they lied and tried to cover up their little conspiracy under the guise of “transparency” is pretty much clear to everyone. They accepted anonymous donations over $50 and broke the rules. Can we say… broke – the - law? “Some” knew who was behind it (Elia) so if he knew, and they ALL claimed the anonymous donation, it HAD to have been discussed. How could they all NOT have known who the citizen for smart governance was, if indeed he was the only one, and if anyone believes that they can buy my fridge that Ventura declined. Had it not been for Mr. Clark being caught flat-footed in the James Miller ambush, and Elia saying he wasn’t sure what the term “endorse” actually meant, and actually CLAIMING Ziebarth as a contributor, this matter might not have ever seen the light of day. So, we win I GUESS, sort of, albeit in the long term, dog willing. It has been proved to most rational thinking people that our council has been dishonest, deceitful and cannot be trusted. That Mr. Perrino still calls it a “smear campaign” is a shameful and pathetic if not embarrassing defence. The only “smear” here is from they being caught with their pants down. If we can hold on until the next election, I’m sure its going to be the most spirited campaign to hit Summerland in a very long time. As for Ziebarth, I guess he is STILL having fun, eh? If nothing else, he has shown the vast IQ differential between himself and the people he duped. No one ever said he was stupid, just slimy. Now that he’s had his fun, he should be run out of the country. Canadians don’t need the likes of him *bleep* in our beer. The fact that we have shoddy legislation that lets Canadians get away with what has happened is bad enough. That we have NO legislation to deal with the likes of Ziebarth is just so typically Canadian. Don’t get me wrong. I LOVE being a Canadian – it’s just that we should maybe clean up our act a bit sometimes.
realagen
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Re: Summerland municipal campaign financial irregularities

Post by realagen »

RandyDandy:
Eloquently put!
I think you should send this item to all the valley papers, making sure there is no apparent defamation or libel.
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fluffy
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Re: Summerland municipal campaign financial irregularities

Post by fluffy »

shakeman wrote:http://www.businessexaminer.ca/columns/regular-columns/mischa-popoff/130-poor-journalism-on-some-local-politicians

Have fun.


Mr. Popoff has missed the target by a huge margin. He conveniently skirted the legal questions regarding Mr. Ziebarth's support of the candidates and whether or not that classifies him as a campaign organizer with the duties and responsibilities that classification entails, nor did he mention the questionable financial reporting practices employed by the current council members.
“We’ll go down in history as the first society that wouldn't save itself because it wasn't cost effective.” – Kurt Vonnegut
realagen
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Re: Summerland municipal campaign financial irregularities

Post by realagen »

Mr. Popoff’s tirade was published on Jan. 15th. By then, the case as Mayor Perrino stated, was “closed”, at least as far as she and Council were concerned. Yet Popoff insists that:

There will now be an expensive inquiry into all of this. But it should not be politicians and businessmen on trial. It should be a local editor who turns out to be the source and subject of the yarn he’s been spinning for more than a month. And people wonder why some newspapers are in trouble.


You have to wonder whether Popoff was turned down by the Herald sometime in the past. At the very least he certainly wasn’t keeping up with the news. It seems he was just using an opportunity to cut down Miller. As far as the cost of the enquiry, the RCMP keep a department in Vancouver just for such purposes, and I doubt that a single officer spent more than a day to come up with the unusual regulation used to throw the complaint out the window. A degree in history does not an investigative journalist make.
glassmaster
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Re: Summerland municipal campaign financial irregularities

Post by glassmaster »

Perhaps I should have waited for Mr. Finnis to post this article in full script. Anyhow, it was in the Business Examiner on January 15th. It is very much on topic of this thread. It does look as though it was written prior to the RCMP closing their file on the case. Interesting perspective, especially now that the file is officially closed. If that investigation file had not been closed, the article may not have had the same punch to it. I see that someone has already posted the link to the article - but I have attached it in its full glory. A good addition to the thread topic I would think.



Written by Business Examiner
Friday, 15 January 2010 01:21

Even shoddy journalists don’t dare make up news in the age of the Internet. Instead, they resort to omission and distortion. A case in point is a succession of stories published in The Penticton Herald (one ran in The Vancouver Sun) that attack Janice Perrino, the mayor of Summerland.
The breaking “news” concerns third-party advertising by businessman Mark Ziebarth in support of local, business-minded candidates. The only part of the story that even comes close to resembling news is the fact that Ziebarth did not put his name on his ad, a decision which was legal, ethical and commonplace.

Watch for Back-Splatter when Tarring Honest Politicians
The first distortion by Herald editor James Miller is the implication that Ziebarth cares only for his own bottom line and therefore must have had a direct “interest” in who would sit on Summerland Council. An editor who assumes businessmen only care about profit fails to appreciate that a community prospers when its businesses prosper, and vice versa. Perhaps Miller is not aware of what keeps his newspaper afloat.
This brings us to Miller’s omission.
Whatever his degree of business acumen, he either failed to check with his own advertising department or he glossed over the fact that they sold Ziebarth his ad, which ran the day before the election. Ziebarth also ran ads in Summerland’s weekly, but it was the ad in Miller’s own newspaper that appears to have struck Miller as some sort of effrontery to democracy.
The second distortion is Miller’s front-page quote of a political science professor from Simon Fraser University whom he heard saying on the CBC that “by not publicly disassociating themselves from the anonymous ads, council members had placed themselves in a position of conflict.” What this tenured academic from a left-wing university means to say is that he wishes this was the case. It most certainly, and thankfully, is not!
When a political candidate runs an ad she must indicate the ad is endorsed by her campaign; she must also declare the cost of the ad as a campaign expense. Everything else falls under the rubric of free speech.
I’m allowed to wear a T-shirt the day before an election that supports my favourite candidate and Ziebarth can take out an ad, anonymously if he wants. You’d think the editor of a newspaper might know this. Perhaps the owners of The Herald should consult with a lawyer who does.
Judging by the tenor of Miller’s continuing coverage, and by an interview he gave on CBC’s As It Happens, he disagrees. So… why did he run Ziebarth’s ad in the first place? The Herald accepted Ziebarth’s money, approved his ad for editorial and legal content, and then ran it, and only a whole year later, while Perrino was at home recovering from major surgery, did Miller decide it was all wrong. Where was his indignity before the election?
Gordon Campbell wants to restrict free speech before elections. Bill 42 was vigorously opposed by many newspapers across the province (even The Globe and Mail), along with The BC Civil Liberties Association and The Trial Lawyers Association of BC. According to its website, The Herald ran a single story seeming to join this principled opposition, but only after portions of the bill were struck down in court.
And what did Perrino do back in 2008 when she saw the ad endorsing her campaign? In the interests of full disclosure she immediately contacted The Herald to find out who placed it so she could declare it as part of her campaign even though she neither requested nor endorsed the ad. And what did The Herald do?
It refused to tell her.
There will now be an expensive inquiry into all of this. But it should not be politicians and businessmen on trial. It should be a local editor who turns out to be the source and subject of the yarn he’s been spinning for more than a month. And people wonder why some newspapers are in trouble.

Mischa Popoff is a freelance political writer with a bachelor’s degree in history.
realagen
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Re: Summerland municipal campaign financial irregularities

Post by realagen »

As I mentioned previously, the Penticton Herald already had the news out on January 10th that the RCMP had closed the case as far as they were concerned. Popoff is old hat and his article is just an attempt to descredit a Journalist/editor who is head and shoulders superior to his puny efforts at being newsworthy.
Logitack
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Re: Summerland municipal campaign financial irregularities

Post by Logitack »

glassmaster wrote:Perhaps I should have waited for Mr. Finnis to post this article in full script. Anyhow, it was in the Business Examiner on January 15th. It is very much on topic of this thread.

you do know this article url was posted already, right?
glassmaster
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Re: Summerland municipal campaign financial irregularities

Post by glassmaster »

Logitack wrote:you do know this article url was posted already, right?


Yeah, sorry about that. When I first saw the article by Popoff, I thought I could bring some new information to the topic. Been following from the sidelines for awhile, and was looking for a spot to jump in. I guess that I jumped in too quickly, and realized after posting it, that someone had already posted the link/url to get to the article. I did go back and edit my post to state that I knew the link had been posted previously. Oh well, it is on topic, and probably doesn't hurt to have it printed out in full as opposed to just having the link. I don't think that the article gets any better or worse with the second read.
totoramona
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Re: Summerland municipal campaign financial irregularities

Post by totoramona »

Mr. Popoff's article is about the worst piece of journalism I have ever read! He clearly did absolutely zero research before writing this article:

When a political candidate runs an ad she must indicate the ad is endorsed by her campaign; she must also declare the cost of the ad as a campaign expense. Everything else falls under the rubric of free speech...and Ziebarth can take out an ad, anonymously if he wants.

Wrong!!! There are RULES under the Local Government Act on endorsing candidates! Perhaps ads can run anonymously, but come disclosure time, the costs associated with the endorsement of candidates needs to be recorded, either as a campaign contribution, or filed as expenses by a campaign organizer. Candidates, Campaign donors and Campaign organizers are covered under the financial requirements of the ACT. And let's not forget, these ads weren't really run anonymously, but portrayed as a Citizens' Group.

The Herald accepted Ziebarth’s money, approved his ad for editorial and legal content, and then ran it,...Where was his (Miller's) indignity before the election?

Hello Mr. Popoff??? The issue is not the ad itself, but the disclosure of finances, which no one was made aware of until after the filing deadline, months later. Further, the Herald is not under any obligation to the Local Government Act. Only Candidates, Campaign donors and Campaign organizers are covered under the financial requirements of the ACT.

And what did Perrino do back in 2008 when she saw the ad endorsing her campaign? In the interests of full disclosure she immediately contacted The Herald to find out who placed it so she could declare it as part of her campaign even though she neither requested nor endorsed the ad.

Yeah. And this was her mistake. If she didn't endorse the ads, perhaps she should have made this clear. She had plenty of time after the first ads ran. If she wasn't involved in the the placement of the ads, then she shouldn't have filed them as a donation or expense. I encourage anyone to read the rules as set out in the LGA and the Candidates Guide.

http://www.cd.gov.bc.ca/LGD/gov_structure/library/local_elections_candidate_guide.pdf
http://www.cd.gov.bc.ca/lgd/gov_structure/library/campaign_organizer_guide.pdf
http://www.bclaws.ca/Recon/document/freeside/--%20L%20--/Local%20Government%20Act%20%20RSBC%201996%20%20c.%20323/00_Act/96323_03.xml Division 8 Campaign Financing

The Act says:
"campaign contribution" means the amount of any money or the value of any property or services provided, by donation, advance, deposit, discount or otherwise, to a candidate, elector organization or campaign organizer for use in an election campaign or towards the election expenses of an election campaign,

The Act says:
Restrictions on making campaign contributions
87 (1) A person or unincorporated organization must not do any of the following:
(a) Make a campaign contribution to a candidate, elector organisation or campaign organizer except by making it to the financial agent or a person authorized by the financial agent;
b) make an anonymous campaign contribution that has a value of more than $50;

I shudder to think that these rules are apparently too confusing for Summerland's Mayor, all seven Councillors and the Corporate Officer.
Pure Canadian
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Re: Summerland municipal campaign financial irregularities

Post by Pure Canadian »

totoramona wrote:Mr. Popoff's article is about the worst piece of journalism I have ever read! He clearly did absolutely zero research before writing this article:


Thank you, thank you, and thank you. I think you have head the nail on the head. 10 out of 10!
realagen
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Re: Summerland municipal campaign financial irregularities

Post by realagen »

I checked in with James of the Herald, and I was right about Popoff. Apparently Popoff was "laid off" as the editor put it, from the Herald and is now trying to get in as a freelance writer wherever he can.
glassmaster
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Re: Summerland municipal campaign financial irregularities

Post by glassmaster »

Thanks Realagen. I wondered, when I first saw that article, what was really behind it. That is why I wanted to see it printed out in full. It seemed very directed at the Editor of the Penticton paper and directly opposite of what is being said here. It makes sense now that you say that the editor has verified that he let Mr. Popoff go from working with the Herald. Ahem, I mean laid off. The article may just be a case of sour grapes.
grizzley
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Re: Summerland municipal campaign financial irregularities

Post by grizzley »

I can see why Popoff was let go from the Herald - I've never read such wild unsubstantiated rot. Very well researched, Totoramona! Now yours is an example of what good journalism would look like!
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