Friday, November 4, 2011

What if Barinder Sall had said nothing after he pled guilty? Would the public be aware of a Bat Phone in the Chief's West Vancouver Police Department Office, is it still there?

13. If an individual, acting as a volunteer, uses a computer from his or her office, would this be considered a political contribution and an election expense?
Section 180(5)(b) of the Election Act states that the property of a volunteer, if it is provided or used in relation to the services of the individual as a volunteer, is not a political contribution or an election expense.
If the individual is using a computer from his or her office, they must be the sole shareholder of the company. Otherwise, the value of the computer use is a political contribution from the employer and an election expense.
14. Can campaign workers spend their own money for election expenses, on the understanding they will be reimbursed by the party or candidate for whom they are working?
Yes. A financial agent can reimburse a campaign worker for election expenses if the financial agent or an individual authorized in writing by the financial agent has given prior approval for the election expense to be incurred. Section 193 of the Election Act requires that the reimbursement of all election expenses be made from the campaign bank account upon production of receipts.
This means that campaign workers can pay for election expenses that have been authorized by the financial agent and be reimbursed by the financial agent. For example, financial agents can reimburse campaign workers for travel expenses incurred by the worker. Likewise, campaign workers can be sent to pick up campaign supplies or other goods, pay for them with their own funds or credit cards and be reimbursed by the financial agent. Remember, receipts for all expenses, including reimbursements, must be kept with the financial records.
It is also permissible for financial agents to issue campaign workers with cash advances to be used to pay for election expenses which were incurred by the financial agent or individuals authorized in writing by the financial agent.

But what if an election expense has been "authorized" by the campaign manager and neither the financial agent, nor the Candidate, don't know about it ... oh yeah... the campaign manager pleads guilty down at 222 Main Street and then after being penalized $2,500 for each Count by the Judge, he, the guilty party, decides to tell more, of the truth, than what he told the Special Prosecutor, to the Media...........   ...... .. but what if a campaign manager "authorizes" the election expense and then arranges for the monies to be paid from another source (providing both parties understand that there wouldn't be a tax receipt forthcoming)?.

It sure sounds like a goofy situation.  How can Elections BC possibly keep on top of all of this?  Maybe not ALL, there was only one instance out of 79 seats, right?

Okay, okay, there's only been one proven instance whereby one Candidate overspent the limits, unbeknownst to him... but..... it was his first run at being an MLA.


How about this, what if a Volunteer is using a computer from his or her office, and he's not the sole shareholder of the company?    Well then the value of the computer use is a political contribution from the employer and an election expense.   But, but.... how is an employer supposed to know that his employee (volunteer) used the company computer?   And is there a list of how much a computer is worth as a "political" contribution kept down at Elections BC office? NO!

Political contributions generally

180  (1) Subject to this Division, a political contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to any of the following:

(5) The value of the following is not a political contribution:

(b) property of a volunteer if it is provided or used in relation to the services of the individual as a volunteer;

Then of course, there was the Parks Report from 1999 also known as:

Investigation into the Recall Campaigns in Prince George North, Skeena and Comox Valley

1.0 Appointment by Chief Electoral Officer of British Columbia
2.0 Terms of Reference
3.0 Overview of Findings
3.1 Interpretation of the Act and Regulations
3.2 Contradictions in the Act
3.3 Errors and Omissions
3.4 Recommendations
4.0 Recall and Initiative Act
4.1 History of the Act
4.2 The Recall Process
4.3 Recall Contributions
4.4 Recall Expenses and the Recall Expense Limit
4.5 Recall Advertising Sponsors
4.6 Due Diligence
5.0 Recall Campaigns Under Investigation
5.1 Primary Campaigns
5.2 Secondary Campaigns

6.0 Prince George North.
6.1 Proponent – Pertti Harkonen
6.2 MLA – Hon. Paul Ramsey
7.0 Skeena
7.1 Proponent – Lorne Sexton
7.2 MLA – Helmut Geisbrecht
8.0 Comox Valley
8.1 Proponent – Robert Saint Amour
8.2 MLA – Evelyn Gillespie
9.0 Other Issues
9.1 Recall Advertising Sponsors
9.2 Institutional Involvement
9.3 Restrictions on Making Recall Contributions
9.4 Voters Lists
10.0 Recommendations
10.1 Investigative Powers
10.2 Issuance of Recall Petitions
10.3 Disclosure of Recall Contributions
10.4 Assistant Financial Agents
10.5 Advertising
10.6 Recall Advertising Sponsor Declaration
10.7 Contributions to Recall Advertising Sponsors

February 24, 1999

1.0 APPOINTMENT BY CHIEF ELECTORAL OFFICER OF BRITISH COLUMBIA

On September 18, 1998, the Chief Electoral Officer (“CEO”) of British Columbia, Mr. Robert A. Patterson, retained Ronald H. Parks of  Lindquist Avey Macdonald Baskerville Company, Forensic and Investigative Accountants, to undertake an investigation into recall campaigns in the electoral districts of Prince George North, Skeena, and Comox Valley. The text of the authorization letter, as amended on October 8, 1998, is set out as follows:

October 8, 1998

To Whom It May Concern:

“In accordance with section 169 of the Recall and Initiative Act (the “Act”), I hereby authorize Ronald H. Parks, CA, CFE, and any member of the staff of Lindquist Avey Macdonald Baskerville, to conduct an investigation, financial and otherwise, of any matter that might constitute a contravention of the Act in relation
to the Recall campaigns in the electoral districts of Prince George North, Skeena and Comox Valley.

This authority includes the right to interview any person, enter at any reasonable time the premises where records relevant to the investigation are kept, and to inspect and make copies of records.

All records and all information required by the bearer of this letter must be provided. This authority must not be used to enter a dwelling house except with the consent of the occupant or the authority of a warrant.
Please direct any questions to Elections BC at (250) 387-5305, or toll-free at 1-800-661-8683.

Signed

Robert A. Patterson

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