Delta Coun. Scott Hamilton is heading to Victoria after winning the riding of Delta North in Tuesday night’s election, but he’s not sure whether he’ll vacate his council seat to allow for a municipal by-election.
“I’m going to listen to what my council wants me to do,” said a happy, but exhausted Hamilton on Wednesday morning. “There’s a few things I’d like to continue working on for a short time, but I have to sit down with my council, discuss the options with them.”
Hamilton said he could theoretically hold on to both jobs and either return the salary he receives from council to Delta or donate it to charity.
“Personally, I’d like to find a way, if I could, to save the taxpayer the cost of a by-election,” he said.
If Hamilton does decide to step aside soon, according to Section 37.4 of the Local Government Act, the municipality must appoint a chief election officer, usually the chief administrative officer.
The chief election officer must then set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.
A person elected in a by-election holds office until the end of the term. In this case, the newly elected councillor would hold office until the next general municipal election, to be held on the third Saturday in November, 2014.
The reason a fixed date has not been set is because in July 2010 the province organized a Local Government Elections Task Force which may eventually change the rules for the 2014 election.
If Hamilton decides to keep his seat until January, 2014, no by-election is needed if the vacancy occurs within a calendar year of the next general election. Hamilton acknowledged that staying on could create some conflicts in his dual role as MLA and municipal council member.
“If it did become a great enough conflict then ultimately I would find myself having to resign the seat,” he said.
The next council meeting isn’t until May 27, but Hamilton said if council wants to call an extraordinary meeting to have that discussion he’s prepared for that. He expects to remain on council until at least after the provincial swearing-in.
“At the end of the day it’s about the community, it’s not about me,” he said.
At least one other Lower Mainland municipal politician who won a seat in the legislature Tuesday night has already said he’ll be stepping side.
“I wish I could do both jobs, but I can’t,” said Langley City Mayor Peter Fassbender, who was elected MLA for Surrey-Fleetwood.
Hamilton narrowly defeated fellow Delta councillor and BC NDP candidate Sylvia Bishop by 302 votes. He was originally elected to council in 2002, and served as a Delta Parks commissioner prior to that.