The CRD is facing new allegations of noncompliance which, if confirmed, will invalidate the Alternative Approval Process (“AAP”) that ended Feb. 5, 2024 and will effect about 332,000 eligible electors.
Stan Bartlett, local elector, delivered a letter to the CRD on Monday, Feb. 12, 2024 outlining the two defects of noncompliance he alleges.
The first defect claims the CRD failed to deliver proper notice of the AAP to its citizens.
The CRD published its first and only Notice to Electors on Jan. 3, 2024 in the Times Colonist but failed to publish a second notice as required by Legislation.
The AAP completed on Feb. 5, 2024, 34 days after the Jan. 3, 2024 notice was published. Legislation requires an opposition period of an AAP run at least 30 clear days. So compliance was met in that regard.
However, it follows a first notice would have had to be published prior to Jan. 3, 2024 to meet legislative requirements.
Specifically, either on Dec. 24, 2023 if the CRD had adopted a bylaw allowing for alternate methods of publication or Dec. 19, 2023 if the CRD was following default notice of publication as legislated in the Community Charter.
Bartlett alleges the first noncompliance as set out above has invalidated the AAP.
The second allegation of noncompliance regards the Community Charter’s requirement that Elector response forms must be made available on the first date of publication.
It follows then, the first date of publication would have had to have occurred either Dec. 24, 2023 or Dec. 9, 2023, but did not, making it impossible for the CRD to comply to that section of the Act.
Bartlett asserts this alleged failure to comply causes the AAP to be invalid.
Further, if confirmed, the CRD will need to unwind its plans to adopt bylaw no. 4552 in a meeting scheduled for this week.
Bartlett is planning to review prior AAP’s the CRD has adopted bylaws for in order to determine if they met legislation requirements in the past or if other bylaws were adopted illegally for reasons of noncompliance.
He trusts the CRD’s errors have been unintentional and therefore will fully cooperate and assist with the review.
Bartlett contends if the current AAP is found to be invalid he will recommend the CRD not run a second AAP in light of its lack of effective notice upon citizens, its convoluted legislative rules and its short timeline for citizens to respond if they oppose.
Bartlett recommends the CRD choose a referendum in order to get voter assent for the bylaw in an up down vote.
Referendums are run like an election engaging polling stations, scrutineers, an elections officer and vast public notice all of which an AAP lack.
It is legislated that public approval must be achieved in order for the CRD to adopt bylaw no. 4552 to borrow $85 million dollars over 30 years to support future housing partnership opportunities and increase the supply of affordable, inclusive and adequate housing.
Bartlett maintains a referendum will be the proper process to make clear to the CRD the will of the people and the next generation who will be charged with the responsibility of paying back the 30 year AKA “generational” loan.
Available for Media Interviews:
John Treleaven, Chair, Grumpy Taxpayer$
250.656.7899, cell 250.588.7899
Stan Bartlett, Vice-chair, Grumpy Taxpayer$
250-477-9907
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BACKGROUND
City Of Nanaimo Oversight Society (“CON Oversight Society”)
Stan Bartlett confirms multiple discussions with Nanaimo lawyer Sandy Bartlett, and his wife, Noni Bartlett, Spokesperson for the City Of Nanaimo Oversight Society (“CON Oversight Society”).
Sandy Bartlett (no relation to Stan Bartlett) is the person responsible for bringing attention to the numerous ways Nanaimo City Council failed compliance in an AAP last fall resulting in its invalidation.
The Society and Sandy Bartlett currently await confirmation of alleged noncompliance in a second AAP, for the same bylaw, which deficiencies were discovered by Sandy Bartlett along with 14 other deficiencies he outlined and delivered to Mayor and council last week.
At the request of the City the AAP is still running at the time of this press release however Nanaimo council has scheduled a special meeting for Monday, Feb.12, 2024 to review the AAP process and citizens are expecting Mayor and Council’s advice as to next steps regarding bylaw 2023 no. 7362.
The bylaw seeks Nanaimo citizens’ approval to borrow up to $48.5 million dollars to fund phase 1 of a 4 phase build of a new Nanaimo Operations Centre (“NOC)”.
Sandy Bartlett of Nanaimo maintains the AAP process is rife with procedural unfairness and should never have been used for a project of this scope and size. He is recommending 3 amendments to the Legislated process to help avoid the continual state of non compliance Nanaimo and other municipalities continue to run their AAP’s in.
First, an independent committee must be set up at a municipal level where council must apply for and have their request to run an AAP evaluated and approved as to whether the process is appropriate.
Second, the opposition period must be extended from a minimum of 30 clear days to a minimum of 90 clear days in order that a reasonable amount of time be provided for response.
Third, the threshold for the number of eligible voter opposition forms be decreased from 10% to 5% as 10% is not realistic.
Sandy Bartlett contends these changes would level the playing field by ensuring an AAP is not used where a referendum would be more appropriate. More time to respond would ensure effective notice to most, if not all eligible electors, and a more realistic amount of elector opposition forms be reduced so municipalities can determine an accurate reading of whether citizens favour the bylaw.