Councillor Eligibility Confirmed
May 6, 2011
Legal Opinion Confirms Phoenix Theatre Manager's Eligibility to Hold Public Office
FORT NELSON - In order to provide greater certainty regarding Councillor Doug Roper's eligibility to hold elected office, the Council of the Northern Rockies Regional Municipality is making recently obtained legal advice public.
The Local Government Act prohibits employees of a municipality from seeking or holding elected office with the employing government unless the employee first takes a leave of absence. If the employee is successfully elected to office, he or she must immediately resign from his or her position with the government. As the municipality owns the theatre building and partially funds the Phoenix Theatre, there were some concerns raised by members of the public that, as the theatre manager, Councillor Roper was disqualified from being nominated for, being elected to, or holding elected office.
Based on a legal opinion obtained from the lawyers at Young Anderson, Councillor Roper is eligible to hold elected office. The opinion states that "the [Phoenix Theatre] Society is sufficiently removed from the Regional Municipality in form and practice that its theatre manager is not an employee of the Regional Municipality as contemplated in the Local Government Act." For greater detail, the full text of the legal opinion can be found here.Go to Top