A special prosecutor has been appointed to advise RCMP officers investigating Nanaimo city council, B.C.’s Criminal Justice Branch said Friday.
It also said that an unnamed member of Nanaimo council has been arrested and released, but has not been charged. No reasons were given for the arrest.
Mark Jetté was appointed special prosecutor in mid-December, but there wasn’t an announcement until now.
Jetté, a Vancouver lawyer in private practice, has been “given a mandate to provide legal advice to the RCMP investigators as may be necessary, conduct any related charge assessment and assume conduct of the prosecution if charges were approved,” the branch said in a statement.
A special prosecutor was appointed to “avoid any potential for real or perceived improper influence on the administration of justice in light of the nature of the allegations and the status of the members of Nanaimo city council as elected municipal officials.”
In November, Nanaimo municipality sent RCMP information that included allegations about Mayor Bill McKay relating to financial-disclosure reporting, business dealings and trade missions.
McKay denied the allegations. RCMP said at the time that outside expertise was being brought in but did not name anyone.
In its Friday statement, the Criminal Justice Branch said it “understands that one council member is currently the subject of release documents that were imposed by police under the Criminal Code, following an arrest for an alleged offence.”
Such documents set out for individuals the terms and conditions for release after an arrest.
The release documents are not available and no name is being made public as no one has been charged, RCMP Staff Sgt. Annie Linteau said in a Friday statement.
Dan McLaughlin, Criminal Justice Branch communications counsel, would not say which council member was arrested. No date for the arrest was provided but he did say it was “recently.”
On Friday, McKay had no comment about the special prosecutor, saying he did not have any information.
The city posted a notice on its webpage stating that Nanaimo officials will co-operate with the special prosecutor and that regular business will be carried out at city hall.
“No additional comment will be provided at this time as the matter is subject to an ongoing investigation.”
Nanaimo council has faced a series of conflicts this year and last.
In March 2016, seven of the eight councillors called for McKay to resign, alleging he bullied a staff member.
He refused.
In October, Coun. Gord Fuller told the mayor to “bite me” during a heated meeting.
That same month, the chief executive of the Nanaimo Economic Development Corp. was fired after criticizing city council for removing tourism marketing from the organization’s mandate. The city-funded development corporation was subsequently disbanded.
In November, a citizen released a confidential email written by McKay in 2015 to an outside conflict resolution mediator, which described some councillors as bullies and mentally ill.
In December, the municipality launched a civil lawsuit against the mayor alleging he released confidential information to a former administrative assistant, who was negotiating a settlement with Nanaimo after leaving a city hall job.
That same month, a group of citizens, including one who released McKay’s email, filed a court petition to disqualify McKay as mayor.
And last month, a proposed $80-million borrowing referendum for a new events centre was rejected by 80 per cent of the electors who turned out.
Council is missing one member. Coun. Wendy Pratt is on medical leave until mid-April, McKay said.
Tracy Samra, chief administrative officer, is taking time off work for health reasons. Surgery is scheduled in May, Samra said this week. Depending on the outcome, Samra said that she could be off work between four and eight weeks following the surgery.
