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Council permitted to punish Skakun

Prince George city council - indeed any council in the province - has the right to take steps against its own members if they breach their official duties.

Prince George city council - indeed any council in the province - has the right to take steps against its own members if they breach their official duties.

A BC Supreme Court judge gave council a very cautious go-ahead, Thursday, to add their own punishments on top of what courts have already imposed on Brian Skakun for his leaking a confidential internal document to the public.

However two council members will not be participating in the debate on the motion to censure Skakun. Coun. Debora Munoz has recused herself in response to Skakun's assertions she would not be impartial in her decision. And Mayor Dan Rogers also announced he would recuse himself in order the make today's judicial decision go more smoothly, he said.

Below is the complete letter Rogers sent to the judge explaining his decision to withdraw from deliberation.

Re; Proposed Censure of Coun. Skakun

Coun. Skakun has called into question my ability to participate in any decision by City Council whether or not to censure him as a result of his conviction by the Provincial Court on May 24, 2011. As I understand the allegation that has been made against me, it is that there is a reasonable apprehension that I am biased against Coun. Skakun based on previous statements and my testimony at Coun. Skakun's Provincial Court trial.

I reject Coun. Skakun's allegations in their entirety. I truly believe that I would be able to approach the proposed censure resolution impartially and, further, that I would be open to a fresh consideration of the circumstances of Coun. Skakun's breach of the Freedom of Information and Protection of Privacy Act as I stated in my affidavit. I believe this approach and my fundamental respect for procedural fairness has been demonstrated in consideration of the matter to this stage. However, I have been advised that Coun. Skakun no longer opposes the participation of Councillors Bassermann and Krause in any consideration of a censure motion. With Coun. Munoz having earlier communicated her intention not to participate, I am then the sole member of Council whose proposed participation is being challenged.

I understand that if I withdraw from any further involvement in consideration of the resolution of censure and sanctions that this will remove one of the main issues raised in the Petition filed by Coun. Skakun. I have therefore decided that I will not participate in any further Council proceedings with respect to the consideration of possible censure and sanctions of Coun. Skakun. It follows that I will not be discussing the matter of censure and sanctions further with any of my Council colleagues. I have made this decision not because of any sense that it would be wrong for me to participate, on the contrary, as stated previously I believe that any suggestion of bias is _without merit. This decision is being made solely for the purpose of reducing the number of issues that the Court will have to consider. I am hopeful that with one major issue no longer before the Court the proceedings may be dealt with in a timelier fashion, with a reduction of valuable court time given to this matter and of course a consequential cost saving to the City.

I would be grateful if you would inform my Council colleagues and the City Manager of my decision.

Sincerely City of Prince GeorgeDan RogersMayor

For full coverage of this ruling, stay tuned to The Citizen.