Friday, March 07, 2008

Legal fees on director’s dime

By Richard Rolke - Vernon Morning Star - March 07, 2008

Taxpayers won’t be on the hook for a politician’s legal bill. The North Okanagan Regional District voted Wednesday not to reimburse Rick Fairbairn the $2,300 he spent on an independent legal opinion to determine if he was in a conflict of interest over the meat processing issue.“If you want a legal opinion, it’s your own dollar,” said Lorna Bissell, Spallumcheen director. The matter arose in February when administrator Brian Reardon consulted with NORD’s lawyer to see if Fairbairn should excuse himself from discussions on meat processing regulations because the rural Lumby director sells beef. Reardon advised Fairbairn Feb. 6 that NORD’s lawyer felt he was in a conflict. Fairbairn excused himself from the table at that meeting, but he followed the suggestion of Reardon and pursued legal advice on his own.Fairbairn’s lawyer has told him he is not in a conflict.

“I can participate in all discussions on meat regulations,” he said. The other four electoral directors rallied behind Fairbairn Wednesday. “He took staff advice to get a legal opinion. If that’s the case, the board is responsible to pay that fee,” said Stan Field, BX-Silver Star director.That was also the view of Herman Halvorson, rural Enderby director. “He was exonerated and went the extra mile to get an opinion,” said Halvorson. However, the rest of the 11-member board disagreed. “I feel for director Fairbairn but the rules are clear — when in doubt, step out (of a meeting),” said Wayne Lippert, Vernon director, “If you want to check out that doubt, it’s on your dime.” Chairman Jerry Oglow added that while Fairbairn’s lawyer stated he wasn’t in a conflict of interest, NORD’s lawyer believes he is. Reardon defends his actions in getting a legal opinion on Fairbairn, stating he is there to protect the integrity of the board. “It’s my job as administrator to advise directors when they may go off side,” he said. Fairbairn was not part of discussions while the board debated reimbursement. “I am disappointed with the decision,” he said. “But no they don’t have an obligation to do that (pay back funds). It was up to me to get legal advice.”

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Rural directors pursue re-election By Richard Rolke - Vernon Morning Star - March 07, 2008

The North Okanagan’s five rural politicians will present a united front at the polls this November. Rick Fairbairn, rural Lumby; Eugene Foisy, Cherryville; Herman Halvorson, rural Enderby; Cliff Kanester, BX-Swan Lake; and Stan Field, BX-Silver Star, are all leaning towards seeking another term in their jurisdictions. “In light of the valley-wide governance process, we felt there’s a need for consistency,” said Fairbairn, who is in the midst of his second term in office. “The valley-wide process is at the heart of the survival of the electoral areas.” Cherryville residents have made it clear that they don’t want any change in governance structure. “If there’s going to be changes, it should be coming from the people and not dictators in Victoria,” said Foisy, who has been a director for 13 years. Halvorson also wants to protect the rural values in his area. “It’s good to have a strong, consistent voice from rural Enderby,” he said. A committee looking at valley-wide governance options must submit a report to the provincial government by the end of March. Halvorson, who is in his first term, admits that the process could lead to electoral areas being disbanded by November. “If that happens, we will have to re-evaluate our position,” he said of seeking re-election. Beyond valley-wide governance, the other factor fuelling the director running again is the strained relationship between the North Okanagan Regional District and the City of Vernon. “They are the biggest problem right now. We must try and keep the city off our backs,” said Kanester, who is in his second term and was director for 10 years in the 1980s. By seeking office again, Kanester believes the five directors can provide some stability for the rural areas. “There are so many things going on that a new person won’t be able to handle them,” he said.That is also the view of Field, who has been a director for 14 years. “If he can, a person should look to stay on to help. It may take some experience,” said Field.

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