What options are on the table when a city’s mayor is accused of a crime?

PORT MOODY (NEWS 1130) – Port Moody City Council is trying to move ahead with city business without its mayor. Rob Vagramov has been granted a leave of absence after being charged Thursday with sexual assault.

Reece Harding is a lawyer specializing in municipal law. He says there’s no way to force an elected official out of office when they are charged or even convicted of a criminal offence.

“There’s just no mechanism to do that,” he said.

He explains in Vagramov’s case, a provision in the community charter has been used.

“The rest of council has decided — which they have the authority to do — to provide the mayor with a leave of absence. There’s a very specific section that allows them to do that. He’s been given a leave of absence because if he misses four council meetings in a row or is absent for 60 days in relation to these matters, he’s disqualified from office.”

So, Vagramov remains Port Moody’s mayor.

“He’s not lost his office … They’ll put an acting mayor in while he’s away from office, but he’s still legally the mayor of Port Moody — just been given a paid leave of absence,” Harding said.

WATCH: Port Moody’s mayor takes leave of absence amid sex assault allegation

 

Vagramov denies the assault and is considered innocent until proven guilty. His councillors have given him paid leave to defend himself.

Dermod Travis with IntegrityBC thinks the province should get involved if a civic politician is convicted. “That would be the point where the provincial government could step in and dismiss that individual. It should not be a power left with local government.”

“The idea of giving that type of power to 100-plus municipalities and school districts across the province could turn into a legal nightmare.”

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He says the only way a civic politician can be pushed out of office is through public pressure. Travis says B.C. municipalities want to see that changed.

“In their 2018 convention of the Union of BC Municipalities, there were motions put forward, calling on the provincial government to take action in this regard. The provincial government responded to one of those resolutions that was passed and discussed very serious complications … of putting in such a mechanism. And some of those are very real issues that need to be addressed properly.”

But Harding feels in these circumstances, Port Moody has handled the situation well by giving Vagramov a paid leave of absence, pointing to past situations in other cities.

“There was a circumstance a couple of years ago in Pitt Meadows with another elected official that created quite some discourse amongst the community and the council because the elected official out there refused to resign for quite a period of time. Then there was another matter about a decade ago in Port Coquitlam. Their former mayor was convicted of a couple of assault charges and under great public and council pressure to resign, but never did. He kept his office right to the end and then was voted out in the next election. It can be very, very chaotic for elected officials who are under this type of investigation to continue to lead the way in their local governments.”

However, Harding does question whether elected officials should be paid while they face criminal charges. “Should there be other provisions in the community charter that allow leaves of absence without pay?”

Provinces like Ontario have an “integrity commissioner” overseeing provincial and municipal levels.